Urbana Personal Injury Attorneys

Life can be drastically altered by accidents and injuries. During such challenging periods, personal injury lawyers are invaluable. They advocate for individuals harmed by others' negligence, ensuring they receive proper compensation. This article delves into the significant role personal injury lawyers play in navigating claims and aiding in recovery.

Iowa’s legal landscape encompasses various laws to protect its residents, including those related to dramshop claims and bicycle safety. This comprehensive guide delves into what needs to be proven in an Iowa dramshop claim, the damages available, and important bicycle laws that both cyclists and drivers must follow. 

What Has to Be Proven in an Iowa Dramshop Claim?

Proving a Dramshop Claim

There are two typical scenarios under Iowa's Dramshop Law:

1. A person is served excessive alcohol at a bar or restaurant, leaves the establishment intoxicated, and is involved in a car accident, subsequently being charged with OWI (operating a vehicle while intoxicated).
2. A drunk bar patron assaults one or more people at the bar.

Iowa’s Dramshop Law holds bar owners, liquor licensees, or permittees (bartenders or wait staff) liable if they:

- Serve alcohol to an intoxicated person when they knew or reasonably should have known the person was intoxicated.
- Serve a person to a point where it was reasonably foreseeable that the person would become intoxicated if service continued.

Bars and establishments licensed to serve alcohol must exercise reasonable care to detect signs of intoxication. Employees are prohibited from serving additional alcohol to visibly intoxicated patrons, as mandated by [Iowa Code § 123.92].

Insurance Requirements

Establishments are required by law to carry dramshop liability insurance to cover damages to victims injured by intoxicated patrons.

Legal Precedents

According to the Iowa Supreme Court, the state's dramshop law does not necessitate that plaintiffs prove the intoxicated person consumed the alcohol. The law applies to alcoholic beverages "sold and served for consumption on the seller's premises only," exempting retail companies that sell packaged liquor.

Available Damages

Victims of dramshop-related incidents can seek the following damages:

- Medical Bills: Coverage of all medical expenses related to the accident, including rehabilitation.
- Lost Wages: Compensation for lost income due to the victim's inability to work.
- Damaged Property: Repair or replacement costs for any damaged property.
- Pain and Suffering: Compensation for physical and emotional suffering, including PTSD and severe disfigurement.
- Wrongful Death: Compensation for families of deceased victims, covering medical and funeral expenses, lost future income, and loss of consortium.
- Punitive Damages: Additional damages if the defendant showed willful disregard for the victim’s safety.

Who Can Sue?

Only those injured by the intoxicated patron (referred to as the “second party”) can file a dramshop claim. The intoxicated person (first party) cannot sue the establishment.

Social Host Liability

Iowa’s dramshop laws do not apply to private citizens who serve alcohol at social gatherings. The law is specific to licensed vendors.

Time Limits

The notice of intent to file a dramshop claim must be submitted within six months of the incident. The statute of limitations to file the injury claim is two years from the date of the accident.

Iowa Bicycle Laws: Cars and Cyclists Must Abide

Passing on the Left

Cyclists must pass vehicles on the left and return to the right lane after ensuring it is safe to do so.

Riding With Traffic

Cyclists must ride in the same direction as traffic. Riding against traffic increases the risk of head-on collisions.

Using Lights at Night

Cyclists riding after sunset or before sunrise must use a front lamp with a white light and a rear red light or reflector, visible from at least 300 feet.

Stopping for School Buses

Cyclists must stop for school buses with flashing lights or displayed stop signs, just like motor vehicles.

Using Hand and Arm Signals

Cyclists must use proper hand signals to indicate turns and stops:
- Left Turn: Left arm extended horizontally.
- Right Turn: Left arm bent at the elbow, hand facing upwards.
- Slow Down/Stop: Left arm bent at the elbow, hand facing downwards.

Reporting Traffic Crashes

Cyclists must report all traffic crashes and exchange information with involved parties.

Avoiding Non-Bicycle Areas

Cyclists must avoid areas where bicycle riding is prohibited, such as interstates and some highways. Many cities also ban riding on sidewalks.

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.