Spencer Personal Injury Attorneys

Accidents and injuries can abruptly change lives. In these challenging periods, personal injury lawyers are invaluable. They focus on advocating for victims of negligence, ensuring they receive rightful compensation. This article highlights the critical role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Iowa Dramshop Claims: Legal Foundation and Proving Liability

In Iowa, dramshop claims arise from incidents where a person is served excessive alcohol at a licensed establishment, such as a bar or restaurant, and subsequently causes harm to themselves or others. There are two primary scenarios for proving an Iowa dramshop claim:

1. Intoxicated Driving Incidents: A person is served too much alcohol, leaves the establishment while intoxicated, and is involved in a car accident. This often results in an OWI (operating a vehicle while intoxicated) charge.
   
2. Assaults by Intoxicated Patrons: A drunk individual at a bar assaults one or more people.

Under Iowa’s Dramshop Law, bar owners, liquor licensees, or permittees (such as bartenders or wait staff) can be held liable if they:
- Serve alcohol to an already intoxicated person when they knew or should have reasonably known the person was intoxicated.
- Continue to serve a person to the point where it was foreseeable the person would become intoxicated.

Establishments licensed to serve liquor must exercise reasonable care to detect signs of intoxication in their patrons and cease serving them once identified as intoxicated【Iowa Code § 123.92】. These establishments are required by law to have dramshop liability insurance to cover damages caused by their intoxicated patrons.

The Iowa Supreme Court has clarified that the state’s dramshop law does not require the plaintiff to prove that the intoxicated person who caused the injury consumed the alcohol sold and served on the premises. The law applies only to establishments licensed to serve alcohol for on-premises consumption and excludes retail entities like grocery stores that sell packaged liquor for off-premises consumption.

Types of Damages in a Dramshop Case

In a dramshop case, various types of civil damages are recoverable, including:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Restrictions on Who Can Sue

Only those injured by an intoxicated patron (referred to as “second parties”) can sue the bar or restaurant. The intoxicated individual themselves (the “first party”) cannot file a dramshop claim against the establishment.

Exemptions for Private Hosts

Iowa’s dramshop laws do not apply to private citizens hosting parties or other private functions. These laws only target licensed vendors selling alcohol in commercial settings like bars and restaurants【Iowa Code § 123.49】.

Right Turn Bicycle Accidents: Establishing Driver Liability

A common scenario in bicycle accidents involves a vehicle making a right turn and striking a cyclist, often referred to as a "right hook" accident. These accidents typically occur when a cyclist is riding on the right shoulder or in a bike lane alongside a vehicle.

Common Scenarios of Right Turn Bicycle Accidents

1. A car turns right at an intersection, failing to see the cyclist.
2. A cyclist overtakes a slower-moving vehicle on the right and is hit when the vehicle turns.
3. Both the cyclist and vehicle are waiting at a light, and the car turns right as the signal changes, cutting off the cyclist.

Proving Driver Negligence

To establish that the driver is at fault, evidence such as police reports, eyewitness accounts, and video footage is critical. Factors that can demonstrate driver negligence include:
- Speeding
- Failing to use a turn signal
- Abruptly changing lanes

Conversely, if witnesses report that the cyclist was acting negligently (e.g., swerving between lanes, riding too close to vehicles, or ignoring traffic control devices), this can be used in the driver’s defense.

Avoiding Right Turn Bicycle Accidents

Cyclists can reduce the risk of right turn accidents by:
- Maintaining a safe distance behind vehicles
- Avoiding passing cars on the right unless necessary
- Checking mirrors for nearby vehicles when approaching intersections

Left Turn Motorcycle Accidents: Determining Fault

In most cases, when a vehicle makes a left turn in front of a motorcycle and causes an accident, the driver making the turn is found liable. This is because drivers must yield the right of way to oncoming traffic, including motorcycles.

Common Causes and Liability

Motorcycles can be hard to see, but drivers must ensure it is safe before making a left-hand turn. If a driver fails to yield and causes a collision, they are typically at fault. Exceptions include situations where the motorcyclist was speeding or ran a red light, which can reduce or eliminate the driver’s liability.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.