Hawarden Car Accident Injury Attorneys

Unexpected accidents and injuries can alter lives. During these challenging times, car accident injury lawyers are crucial allies. They support those harmed by others' negligence, ensuring fair compensation. This piece highlights the important role these lawyers play in guiding individuals through their claims and rebuilding their lives.

Do I Still Have a Car Accident Injury Case If I Wasn’t Wearing A Seatbelt?

The short answer is yes, you still have a case. However, Iowa law requires all front-seat occupants to wear a seatbelt, and anyone under the age of 18 (who is not in a car seat) to wear a seatbelt in both the front and back of a vehicle. Iowa has a system called comparative fault. In 2018, the Iowa legislature passed a new law (Iowa Code Section 321.445) increasing the percentage of fault you can be found from 5% to 25% for failing to wear a seatbelt when required to do so by law.

Why Is This Important?

Because for every percentage of fault you are found by a judge or jury, your damages are reduced accordingly. For example, if you are the driver or front-seat passenger who is not wearing a seatbelt during a car crash caused by someone else and your total damages are $100,000, if you are found to be 25% at fault, then you are only allowed to recover $75,000 because your damages were reduced by 25% (100,000 X 25% = 25,000).

Insurance companies will also argue that you can be found comparatively at fault for failing to wear a seatbelt in the back seat even though it is not illegal. While there is no conclusive case on this issue, district courts have gone both ways.

Sometimes, the judge will require the defendants and their insurance company to submit medical evidence in court which usually consists of a doctor or other expert testifying about how your injuries would have been less severe if you were wearing a seatbelt. There are several studies that these experts can cite to support their position. Also, if the jury knows that you were not wearing your seatbelt they may be more critical of you and provide you less compensation overall in addition to finding you partially at fault.

Good Reasons To Always Wear A Seatbelt

1. Prevention from Ejection: Statistics show that wearing a seatbelt should prevent you from being ejected in a car crash, which is among the leading causes of death.
2. Less Severe Injuries: Scientific data shows that overall injuries are less severe in a car crash when a person is wearing a seatbelt.
3. Reduced Damages: Your damages may be reduced because of your fault for not wearing a seatbelt.
4. Avoid Tickets: If you are over 18 and riding in the front seat, you will end up with a ticket and fine to pay.

Car Insurance Check-Up and Are Your Driving Mistakes Deadly?

It's easy to make mistakes while driving, however, sometimes those mistakes can lead to an accident causing property damage or, even worse, an injury or fatality. Walker, Billingsley & Bair promotes safe driving and wants to help Iowans become better drivers by educating people and letting them know what can be done.

Have You Ever Crossed the Center Line or Swerved Towards a Car Because You Were Distracted by Something Else?

Swerving is the number one fatal mistake made by drivers. In 2007, around 15,574 people died in car accidents simply because of drivers not staying in the proper lane. It’s sad to think that this many deaths could have easily been prevented if people would stay more alert and not let distractions disrupt their driving. Drivers should focus not only on the road ahead of them, but also on what is going on behind and beside them so they can see and prevent any possible dangers before they happen.

What About Driving While You Were Overtired?

Research shows that the most common thing people said they have done while driving is being behind the wheel while feeling fatigued. Driving while drowsy is very common. Every year people die due to accidents caused by sleepy drivers. You should always be sure to get plenty of rest before driving for a long distance. This will help prevent you from falling asleep while driving. Another way to avoid this would be to avoid driving between the hours of 3 a.m. and 6 a.m., which is when most accidents caused by sleepy drivers occur.

Never Drink and Drive

Drinking and driving is another danger that may seem obvious, because it is likely to cause an accident, yet tons of people still do it. Did you know that every 40 minutes someone dies in a drunken driving accident? A couple of ways to avoid drinking and driving would be to arrange for someone sober to pick you up and take you home, stay at the location of the social gathering where you are drinking, or call for a cab or other ride service if that service is available to you.

Have You Been in a Hurry and Driven Faster Than You Should?

Speeding is a major problem that can lead to deadly crashes. If you are traveling at a high speed and lose control or hit something, the impact is going to be worse and the chances of you being able to gain control of your vehicle are not likely. Speeding is the second highest cause of fatal crashes. Did you know that 30% of traffic fatalities occur at 55 mph or more? The only tip we can give you here is to slow down and give yourself plenty of time to reach your destination so you won’t be in a rush and want to speed.

Who Should Pay My Medical Bills After My Car Accident?

This is one of the most common questions we get and there is a lot of misinformation out there, so listen up. First of all, the insurance adjuster for the other driver may tell you "send me all your medical bills". Yet, that does not mean they will actually pay your medical bills as you send them. You can try asking the insurance adjuster for something in writing that they will pay your medical bills. Although, chances are that the only way they will pay anything is if you agree to sign a release and close your claim forever. The insurance company would rather have your medical bills pile up, have you sent to collections, and have you start receiving nasty collection calls making threats against you such as garnishing your wages, etc.

Why Would the Insurance Company Want to Do This?

Because it puts pressure on you to settle your case for less than fair value. They want you to be so stressed out that you will take whatever they want to pay you so the medical bills will be paid and the collections calls will end. Well, there is some good news, you should not play by the rules set by the insurance company and instead should know the truth.

The truth is that rarely will the other driver's insurance company pay for your medical bills as they are incurred. So, the best source to pay your car accident-related medical bills are:

1. Your Health Insurance

Make sure that the hospital and other medical providers have the information they need to submit the bills to your health insurance. They may say "we cannot do this because there is a third party responsible". This is hogwash. If you have health insurance, then they are required to pay your medical bills regardless if it is a car accident or not.

2. Your Medical Payments Under Your Own Automobile Insurance Policy

If there is insurance on the vehicle you were in at the time of the crash and/or if you have car insurance on your own, then chances are good that there is some medical payments coverage available. The amount can vary from $1,000 up to $100,000 in medical payments coverage. It is usually best to use your medical payments coverage to cover your co-pays and deductibles. But why should my insurance pay for this and won't this increase my insurance premiums? Well, this is coverage that you bought to protect yourself and if you are not at fault for the accident then it should not affect your insurance premiums. As stated above, the other driver's insurance is highly unlikely to pay for any of your medical bills, unless you sign a release letting them off the hook forever.

3. If You Don't Have Health Insurance

If you don't have health insurance and don't have any or enough medical payments coverage, then you could contact the medical provider to see if they are willing to write off all or part of the balance given your financial situation. Many hospitals are not-for-profit, which requires them to write off a portion of their medical bills each year to maintain the benefits they receive for being non-profit.

4. None of the Above Work

Then you could seek assistance from a local church, charity, family, or friends. Chances are if you are in this situation, then your medical bills may be one of your last concerns as you are probably having problems paying for your other bills.

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.