Lisbon Car Accident Injury Attorneys

Sudden accidents and injuries can disrupt lives. During these tough periods, car accident injury lawyers become essential allies. They fight for those injured due to others' carelessness, ensuring just compensation. This article emphasizes the significant role these lawyers play in helping people navigate their claims and restore normalcy.

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

If you were involved in a car accident in Iowa and weren't wearing a seatbelt, you might wonder if you still have a viable personal injury case. The short answer is yes, you do, but the situation is complex and can affect the compensation you receive. This article explores the intricacies of Iowa’s comparative fault system, the impact of not wearing a seatbelt on your claim, and essential steps to take if the other driver is lying about the accident or if you require specific medical treatments post-accident.

Iowa’s Seatbelt Law and Comparative Fault System

Iowa law mandates that all front-seat occupants wear a seatbelt, and anyone under 18 must wear a seatbelt in both the front and back seats. In 2018, Iowa Code Section 321.445 was amended to increase the percentage of fault attributed to individuals not wearing a seatbelt from 5% to 25%. This is crucial because your total damages can be reduced by the percentage of fault assigned to you by a judge or jury.

Example:

If your total damages amount to $100,000 and you are found 25% at fault for not wearing a seatbelt, your recoverable damages would be reduced to $75,000.

The Role of Insurance Companies

Insurance companies may argue that you are comparatively at fault even if you weren’t legally required to wear a seatbelt in the back seat. Judges may require medical evidence to determine how your injuries might have been mitigated if you had been wearing a seatbelt. Experts can cite various studies to support this, potentially reducing your compensation further.

Jury Perception and Attribution Bias

Jurors might be more critical of you for not wearing a seatbelt, possibly awarding less compensation due to attribution bias. This cognitive bias leads jurors to believe they wouldn’t be injured in a similar situation because they always wear seatbelts, thus finding fault in your actions to avoid the thought that they or their loved ones could be similarly injured.

Good Reasons to Always Wear a Seatbelt

1. Prevent Ejection: Wearing a seatbelt significantly reduces the risk of being ejected from the vehicle during a crash, a leading cause of fatalities.
2. Reduce Injury Severity: Scientific data shows that seatbelts generally lessen the severity of injuries in a crash.
3. Minimize Fault: Not wearing a seatbelt can reduce your potential damages due to assigned fault.
4. Avoid Fines: Front-seat occupants over 18 not wearing a seatbelt can receive a ticket and fine.

Steps to Take If the Other Driver Is Lying

If the at-fault driver lies about the accident, take these steps to protect your claim:

1. Gather Evidence: Collect names, addresses, and phone numbers of witnesses. Take comprehensive pictures of the scene, vehicle positions, and skid marks.
2. Police Interaction: Inform the investigating officer of any discrepancies before the report is finalized. Provide witness information to ensure an accurate report.
3. Legal Assistance: Consider hiring a private investigator or a personal injury attorney to obtain a recorded statement from the lying driver. Inconsistent statements can challenge their credibility.

Dealing with a Faulty Police Report

If you are wrongly found at fault and issued a traffic ticket:

1. Challenge the Ticket: Do not simply pay the fine as it can be seen as an admission of fault. Plead not guilty to contest the ticket in court.
2. Seek Legal Counsel: Hire a criminal defense attorney to fight the ticket. Ensure the attorney specializes in personal injury cases to maximize your defense.

Medial Branch Block Procedure After a Car Accident

Spinal injuries, including neck and back pain, are common after car accidents. A medial branch block procedure can serve both as a diagnostic test and a short-term treatment for such injuries.

What is a Medial Branch Block?

This procedure targets the facet joints of the spine, reducing irritation and inflammation by blocking pain signals sent from the medial branch nerves to the brain. If successful, it can indicate the potential effectiveness of a more permanent treatment, such as radiofrequency ablation.

Recovering Costs for Medial Branch Block Procedures

When filing a car accident claim, include all medical treatments related to your injury, including medial branch blocks. Comprehensive documentation of medical bills, treatment plans, and anticipated future medical costs is crucial for a robust claim.

Filing a Claim

- Establish Fault: Clearly demonstrate the other party's fault.
- Document Evidence: Keep detailed records of medical treatments, expenses, and evidence of the accident.
- Insurance Coverage: Utilize medical payments coverage from your policy to cover immediate medical costs, regardless of fault.

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.