Des Moines Drunk Driving Accident Lawyers
In the event that an individual causes an injury accident because he or she was driving under the influence of alcohol or drugs, civil charges can be filed against the liable party. At the Iowa law firm of LaMarca & Landry, P.C., a Des Moines drunk driving accident lawyer with extensive litigation experience and an exhaustive understanding of the law and insurance contracts can help ensure that your rights are protected if you have been injured by a drunk driver. The trial attorneys at our firm can use their resources and experience to bring your case to a successful resolution.
To schedule a free consultation with a Des Moines drunk driving accident victim’s attorney at LaMarca & Landry, P.C., contact us at 877-327-2600 today.
Drunk Driving Accident Lawsuits
Drunk driving accidents are responsible for a significant amount of serious injuries (including traumatic brain injuries and spinal cord injuries) and deaths in the United States each year and pose a serious risk to all motorists. The National Highway Traffic Safety Administration (NHTSA) reports that in 2006, there were 16,855 deaths in drunk driving accidents. This accounts for nearly 40 percent of the total number of traffic fatalities in the Untied States during the course of the year. Unfortunately, this means that nearly half of all traffic fatalities every year could be avoided if only people didn’t make the willful, negligent, and heinous choice to drive while intoxicated.
If you have suffered an injury in a drunk driving accident, LaMarca & Landry, P.C. can help. Depending on the circumstances of your case, you may be eligible to obtain financial compensation for any medical costs associated with the accident, including rehabilitation costs, past loss of wages, future impairment of earning capacity (including loss of future wages), as well as emotional and physical pain and suffering.
As driving under the influence (DUI or DWI) is illegal and places other motorists and pedestrians at risk, it may also be possible to file for punitive damages in addition to compensation damages for actual losses and expenses. In highly egregious causes of injury or death, such as drunk driving, the law allows a jury to punish the liable party for his or her actions to deter the wrongdoer and others from such conduct in the future. In the event of a loved one’s death, we can help you and your family file a wrongful death claim to ensure that you are justly compensated for funeral costs, loss of income, pain and suffering, and loss of companionship.
Liability in a Drunk Driving Accident
In the state of Iowa, it may be possible to file civil charges against not only the negligent driver in the event of a drunk driving accident, but also the party which sold the alcohol to the driver. Known as Dram Shop Liability, the law is designed to hold those parties which sell alcohol to a visibly inebriated individual or an individual whom the party should have known would become inebriated, liable for any damages that occur as a result of the intoxicated individual operating a motor vehicle.
If you or someone you love has been involved in an auto accident that was caused by a drunk driver, an auto accident lawyer from LaMarca & Landry, P.C. can help. We can fully investigate and review your case (free of charge) and determine which parties are liable to compensate you and/or your family for damages. It is in your best interest to promptly bring actions against any and all liable parties to help ensure you obtain the compensation that you deserve. Notice must be given to the party deemed responsible within a set time period or your claim will be lost.
Legal Notice Required Before Alcohol Related Suit
Pursuant to Iowa law, any person who is injured by an intoxicated person has the right to bring an action against any licensee or permittee who sold and served beer, wine, or other intoxicating liquor to the intoxicated when the licensee or permittee knew or should have known the person was intoxicated, or who sold to and served the person to a point where the licensee or permittee knew or should have known the person would become intoxicated. Iowa Code §123.92. The injured person must give written notice, however, within six (6) months of the occurrence of the injury to either the licensee or permittee or to the licensee or permittee’s insurance carrier of that person’s intention to bring an action pursuant to Iowa’s dram shop statute. Iowa Code §123.93. Such written notice must indicate the time, place and circumstances causing the injury. Iowa Code §123.93. Iowa courts have held that if an injured person or their legal representative fails to give written notice pursuant to Iowa Code §123.93 within six months, that person is forever barred from bringing a claim under Iowa’s dram shop statute.
Contact Us
You should seek legal counsel from an experienced and qualified attorney if you or a family member have been the victim of a drunk driving accident. A Des Moines drunk driving victim’s lawyer from our Des Moines law office can review your case and determine your claim eligibility. If we feel you have a legitimate claim, we will work tirelessly to protect your rights and ensure that you obtain just and fair compensation for your suffering.
Contact us today at 877-327-2600 to set up a consultation about your case.
