Glenwood Car Accident Injury Attorneys

Unexpected accidents and injuries can alter lives in an instant. In these trying moments, car accident injury lawyers become essential allies. They support those harmed by others' negligence, ensuring fair compensation. This article underscores the vital role these lawyers play in guiding individuals through their claims and recovery.

Iowa’s DUI Laws and How They Apply to Your Claim

Being involved in a car accident in Iowa can result in painful injuries, damages to your car and other personal property, and numerous questions about recovery. If you weren't liable for the accident, you can file a car accident claim to help cover costs. Iowa's DUI laws add additional factors to consider if the other party was intoxicated at the time. Understanding how Iowa DUI laws apply to your car accident claim is crucial if you were involved in an accident with someone driving under the influence.

Establishing Fault to File a Liability Claim

In many states, drivers are required to possess no-fault car insurance, meaning those involved in an accident file a claim under their own insurance policy. However, Iowa is an at-fault state, where the individual legally at fault for the car accident is liable to cover the costs of property damage and any resulting injuries. Iowa follows a system of modified comparative negligence, meaning you can recover damages if you show the other party was more than 50% responsible for the accident.

If the other driver was drunk at the time of the accident, a citation, charge, and conviction for DUI may help establish negligence. However, you must also prove that the driver caused the accident. For instance, if you were speeding and crashed into a drunk driver who was otherwise following the rules, you may be mostly at fault and unable to recover damages. But if you can establish the driver was impaired and ran a stop sign or drifted into your lane, you may be able to recover compensation from the drunk driver’s liability insurance.

Using Breath, Blood, and Urine Test Results as Evidence

According to Chapter 321J.2 of the Iowa Code, an individual violates DUI laws if operating a vehicle with a blood alcohol concentration (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 from these tests are admissible as evidence in civil cases against the drunk driver. Refusal to submit to these tests is also admissible evidence in civil proceedings.

You'll likely need other evidence to establish the impaired driver's fault, including:
- Eyewitness testimony
- Photographs of the scene
- Expert witness testimony

Discuss all available and applicable evidence with an attorney. Your attorney can address any defenses the impaired driver might use in a criminal case.

Torn Tendon in Car Accident: Common Types and How It Impacts a Claim

A torn tendon is one type of injury that Iowa drivers might suffer in a car accident. These soft, band-like tissues connect the muscles to the bone. A stretched tendon can result in a partial or complete tear and may impair movement. Injured drivers might face medical bills, lost or reduced wages during recovery, and other damages.

Common Types of Torn Tendons

- Shoulder: This can include a tear in the bicep or rotator cuff, which can occur when the person extends their arm to brace for impact.
- Ankle: The tearing of a tendon in the ankle can affect mobility and typically occurs from sudden impact to the legs.
- Knee: Torn tendons in the knees, such as the patellar tendon, can be disabling. This injury requires a strong force to tear the tendon, which connects the kneecap to the shinbone.

Signs of a Torn Tendon

- Bruising
- Popping or snapping sound
- Numbness or weakness
- Difficulty with movement
- Pain which may worsen with movement

Treating a Torn Tendon

A torn tendon may heal over time without surgical intervention, especially with partial tears. Nonsurgical treatment could include ice packs and nonsteroidal anti-inflammatory drugs (NSAIDs). If this doesn’t work, sometimes the individual needs a steroid injection. Rest during healing and recovery may be necessary, which could affect wages. Physical therapy might follow after the swelling has gone down. In some cases, surgery is required to restore movement, with a cast, splint, or sling for support and rehabilitation afterward.

Determining and Proving Fault in a Truck Accident in Iowa

According to the National Highway Traffic Safety Administration, there were 59 large trucks involved in fatal traffic accidents in Iowa in 2013. Given the size and weight of large trucks, collisions tend to cause serious damage and catastrophic if not fatal injuries – most often to the occupants of the other vehicles, not the truck driver. Victims who plan to file a lawsuit need to establish fault for the truck accident.

Understanding the Complexities of Truck Accident Cases

Truck accident cases differ from regular car accident cases in several important ways:
- Extensive Damages: The injuries and damages are usually higher and more serious than in many car accidents. The truck company’s insurer may try to minimize their payout, making it essential to factor all expenses and future medical needs into your claim.
- Federal Regulations: Truck accident cases involve federal regulations by which truck carriers and drivers must abide. The Federal Motor Carrier Safety Administration (FMCSA) provides specific rules and procedures that commercial drivers must follow. Violating a regulation and subsequently causing an accident could apportion fault to the driver or carrier.
- Highly Disputed: Truck accident claims can be complicated because the truck company or its insurer has attorneys to refute or dispute the claims. It's difficult for the average person, especially when suffering from major injuries, to negotiate or battle formidable truck company attorneys.

Who Can Be Held Liable for a Truck Accident?

Establishing liability involves identifying which party can be held legally accountable for the damages. Possible parties that might be at fault include:
- Co-drivers
- Repair shops or maintenance crews
- Truck manufacturers or the manufacturer of one of the truck’s parts
- Companies that loaded the cargo
- Inspectors that perform annual fleet inspections
- The truck company

The concept of vicarious liability holds companies liable for the actions of their employees performing work-related tasks. For example, if a truck driver was texting while driving or didn’t check poorly loaded cargo, the carrier would be held liable for the damages. Even independent contractors are considered statutory employees under FMCSA regulations.

Preserving Key Evidence

Significant evidence is needed to prove liability in a truck accident case. An attorney will send a letter of spoliation to the truck company to preserve key evidence, including:
- Logbooks: Drivers must keep detailed logbooks of their hours and miles for six months.
- Maintenance Records: Carriers must keep records of inspections, repairs, and maintenance.
- Driver History: Carriers must keep each driver’s qualification file for three years after employment ends.

Collecting Evidence to Prove Liability

Two types of evidence are required for a truck accident case:
1. Evidence to prove the extent of your injuries and damages.
2. Evidence that proves the other party’s liability.

Helpful evidence includes:
- Medical records and evidence of lost wages
- Photos and videos of the accident scene
- Eyewitness contact information
- The truck’s “black box,” or electronic control module (ECM)
- Testimony from an accident reconstructionist

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.