Rockwell City Car Accident Injury Attorneys

Lives can be instantly upended by accidents and injuries. During these tough times, car accident injury lawyers become essential allies. They advocate for those injured by others' negligence, ensuring fair compensation. This article underscores the important function these lawyers serve in assisting individuals with their claims and restoring normalcy.

How Drunk Driving Defenses to Criminal Charges Affect a Civil Injury Case

Drunk driving accidents can lead to serious injuries for innocent drivers, and those injured have the right to pursue legal claims for damages. The outcome of a drunk driving criminal case can significantly impact a claimant’s civil case against the drunk driver, particularly if the driver is convicted. However, even if the driver successfully defends against the drunk driving charges, they may still be liable for civil damages.

Common Drunk Driving Defenses

To prove a driver was guilty of driving under the influence (DUI), the state must show that the defendant was driving and under the influence of alcohol, drugs, or a combination of both. Common defenses against DUI charges include:

- Lack of Probable Cause: Challenging whether the arresting officer had a valid reason to stop the vehicle.
- Test Validity: Questioning the accuracy of breath, blood, or urine tests, possibly due to faulty equipment or improper administration by unqualified personnel.
- Interference: Arguing that food or medications consumed prior to the test skewed the results.

Impact on Civil Injury Cases

DUI Conviction and Civil Negligence

A DUI conviction can strongly support a civil claim, as it helps establish that the defendant was negligent and caused the accident. This can facilitate the injured party's efforts to collect an insurance settlement or win a lawsuit.

Absence of a DUI Conviction

Even without a DUI conviction, the plaintiff may present evidence that the defendant was intoxicated and therefore negligent. The standard of proof in civil cases is lower than in criminal cases, meaning a lack of DUI conviction does not necessarily absolve the defendant of civil liability.

Establishing Causation and Fault

It’s essential to prove that the drunk driver caused the accident and the resultant damages. Simply being intoxicated does not automatically make the driver liable. For example, if the claimant was speeding or ran a red light and collided with the drunk driver who was otherwise obeying traffic laws, the claimant may hold significant liability for the accident.

Iowa follows a modified comparative negligence rule, allowing injured parties to collect damages if they are less than 51% at fault. However, their compensation will be reduced by their degree of fault.

Should I Get a Lawyer After a Car Accident in Iowa?

In Iowa, you are not legally required to hire an attorney when filing a car accident claim. However, those who suffer serious injuries and incur significant expenses may benefit from a lawyer’s expertise. Iowa operates under an at-fault car insurance system, meaning the at-fault driver's insurance is primarily responsible for covering damages. If a fair settlement cannot be reached, a lawsuit may be necessary.

Benefits of Hiring an Attorney

While individuals can file claims and lawsuits independently, an attorney can provide numerous advantages:

- Legal Knowledge: Attorneys understand insurance and personal injury law.
- Evidence Gathering: They can help collect evidence to support your claim.
- Case Building: Lawyers can construct a robust case to establish the other party's fault.
- Negotiation: They can negotiate for a fair settlement amount.
- Paperwork Handling: Attorneys manage all legal documentation.
- Advocacy: Their primary role is to advocate for you.

Leaving compensation to chance is risky, especially with significant expenses involved. An attorney can formulate a strategic approach to ensure fair recovery.

Steps to Take After an Accident

If you’re injured in a car accident in Iowa, here are the steps you should follow:

1. Report the Accident: Notify law enforcement.
2. Seek Medical Care: Address any injuries promptly.
3. Notify Insurance: Inform both your insurer and the at-fault driver’s insurer (but avoid making statements).
4. Contact an Attorney: Seek legal advice to protect your rights.

Who Should Pay My Medical Bills After My Car Accident?

One common question is who should pay medical bills after a car accident. Often, the at-fault driver’s insurance adjuster may request your medical bills, but this does not guarantee payment. The insurance company may use this as leverage to pressure you into settling for less than fair value.

Sources for Paying Medical Bills

Here are the best sources for covering car accident-related medical bills:

1. Health Insurance: Submit your bills to your health insurance provider, regardless of the accident.
2. Medical Payments Coverage: Use the medical payments coverage under your auto insurance policy. This can cover co-pays and deductibles.
3. Negotiations with Providers: If you lack health insurance, negotiate with medical providers for possible write-offs.
4. Charitable Assistance: Seek help from local charities, churches, or family and friends if other options are unavailable.

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.