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Injuries and accidents can suddenly alter lives. In such tough times, car accident injury lawyers are crucial allies. They advocate for those harmed by others' negligence, ensuring fair compensation. This article emphasizes the significant role these lawyers play in assisting individuals with their claims and rebuilding their lives.
An expert witness is a professional with extensive experience and qualifications in a field directly relating to an issue in a case. Parties to a lawsuit bring in expert witnesses to provide testimony and answer questions about disputed facts. These questions can range from who was at fault in the accident to the extent of medical damages suffered.
How is Expert Testimony Handled in Court?
In order for an expert witness to testify, they need to meet the qualifications outlined in the Iowa Rules of Evidence. The rule regarding expert testimony states:
"If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise." (Iowa Rules of Evidence Rule 5.702)
The judge determines whether a person meets these qualifications and whether their testimony can help settle a disputed fact. There may be a pre-trial hearing where the opposing sides argue about the qualifications of the expert.
After the expert testifies, the other side can cross-examine the expert, pointing out any flaws or potential biases in their testimony.
How Do Expert Witnesses Help a Car Accident Case?
Fault
Fault is crucial in a car accident case, especially given Iowa’s comparative negligence laws. An accident reconstructionist might testify regarding fault, determining factors such as the speed of a driver, the driver's point of view, and the forces during the impact. Engineers or scientists might testify in product liability cases or about design errors in roadways.
Damages
Economists might testify about the value of a plaintiff's lost wages and benefits or the costs of injuries. Treating doctors might testify about injuries and future treatments required. Rehabilitation specialists might also offer testimony.
This list is not exhaustive, and other expert witnesses can be called if their knowledge is relevant. If an injured person thinks they may need an expert opinion, they should consult a personal injury attorney. Local lawyers are familiar with laws surrounding expert testimony and can ensure that a qualified professional testifies in court.
Feeling Tired? Don’t Get Behind the Wheel of a Car
We’ve all been there: driving down a long stretch of highway, exhausted and eager to reach our destination. Once exhaustion escalates to full-on drowsiness, the risk for a car accident increases significantly. The National Highway Traffic Safety Administration estimates that 2.5% of all fatal crashes and 2% of all injury crashes in the U.S. are caused by drowsy driving, translating to as many as 5,000 or 6,000 wrecks a year.
Recognizing the Warning Signs of Drowsy Driving
The Centers for Disease Control remind drivers to look out for signs such as:
- Yawning or blinking frequently
- Difficulty remembering the past few miles driven
- Missing your exit
- Drifting from your lane
- Hitting a rumble strip
Tips to Prevent Accidents Caused by Drowsy Driving
- Get seven to eight hours of sleep (closer to ten for teens).
- Avoid driving between 2 am and 6 am.
- Pull over for a quick nap if necessary.
- Avoid driving if diagnosed with conditions like narcolepsy, sleep apnea, insomnia, or restless leg syndrome.
- Avoid long-distance driving alone.
Iowa’s DUI Laws and How They Apply to Your Claim
Being involved in a car accident in Iowa can leave you with injuries, damages, and questions about recovery. If you weren’t liable for the accident, you can file a claim to acquire compensation for your costs. Iowa’s DUI laws add additional factors if the other party was intoxicated.
Establishing Fault to File a Liability Claim
Iowa follows a system of modified comparative negligence, meaning you can recover damages if you show the other party was more than 50 percent responsible. If the other driver was drunk, a citation, charge, and conviction for DUI can help establish their negligence.
Breath, Blood, and Urine Test Results as Evidence
According to Chapter 321J.2 of the Iowa Code, an individual is in violation of DUI laws if operating a vehicle with a BAC of .08 or higher. Chapter 321J.6 dictates implied “consent to the withdrawal of…blood, breath, or urine and to a chemical test.” Results are admissible as evidence in civil cases against a drunk driver. Refusal to submit to these tests can also be used as evidence.
Other evidence to establish the impaired driver's fault might include:
- Eyewitness testimony
- Photographs of the scene
- Expert witness testimony
Seeking Legal Assistance
Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.