Tipton Car Accident Injury Attorneys

Injuries and accidents can suddenly disrupt lives. During these challenging periods, car accident injury lawyers become indispensable allies. They advocate for those harmed by others' negligence, ensuring fair compensation. This article highlights the significant role these lawyers play in helping people manage their claims and rebuilding normalcy.

Crushed Vertebrae from Car Accident

When someone suffers crushed vertebrae, it means the spinal bones (vertebrae) become compressed. It may occur in the lower back as well as other parts of the spine. But it's not just a matter of the vertebrae getting crushed—they fracture. And it takes a great deal of force for that to happen.

How Can a Car Accident Lead to Crushed Vertebrae?

A vertebral compression fracture requires a great deal of trauma to the back for it to occur. This can happen in a serious car crash, such as a head-on collision or when a victim gets pinned inside the vehicle. Sometimes it's a result of the occupant in a passenger car getting struck by something much larger, such as a semi.

What Are the Symptoms of Crushed Vertebrae?

The most common symptom is pain in the injured area. But it can spread elsewhere if it affects the spinal cord. This may include:

- Other parts of the back
- The neck
- Hips
- Stomach
- Thighs (depending on the location of the injury)

Patients might experience tingling, weakness, and numbness. In the most severe cases, an accident victim who suffers crushed vertebrae may also suffer damage to the spinal cord, causing loss of feeling and paralysis.

What Is the Treatment for Crushed Vertebrae?

Treatment for a compression fracture of the spine usually starts with conservative measures such as:

- Rest
- A back brace
- Ice/heat therapy
- Medication

There are different types of medication that may help, such as nonsteroidal anti-inflammatory drugs to relieve pain. Sometimes muscle relaxants help as well.

When there are other serious injuries or the symptoms are significant, the individual may get admitted to the hospital. Surgery is often required if the crushed vertebrae are unstable or compressing the spinal cord.

Following surgery (and sometimes without surgery), the person may undergo some type of physical therapy. The goal is to strengthen the muscles and prevent further injury.

Most of the time, crushed vertebrae heal without complications. Of course, recovery takes longer when it's a severe injury. And it's possible the individual suffers long-term complications.

What Damages Should I Seek in an Accident Claim?

If another party caused the accident that led to the crushed vertebrae, then Iowa law permits the accident victim to pursue a liability claim against the at-fault driver to recover damages.

The medical costs associated with the vertebral fracture may be recoverable through a car accident claim, for example. This should also include future expenses resulting from the injury, including any long-term care. If the patient suffered a spinal cord injury, damages can be especially substantial.

Medical costs are just one form of compensation an accident claim addresses. It's important to consider other financial losses, such as time missed from work. Whether it's a few weeks or longer, the at-fault driver's insurance company may have to cover lost wages and even lost earning capacity in the case of a permanent and severe injury. Oftentimes, with severe injuries, victims in a car accident can also recover damages related to their physical/emotional losses, such as pain and suffering.

Physical and emotional losses can include:

- Mental anguish
- Disability
- Reduced quality of life

Systems That Prove Fault in Iowa Car Accidents

Like many states, Iowa follows what are called the rules of the road, which are stated in detail in Iowa Code Chapter 321- Motor Vehicles and Law of the Road. These include things like who has the duty to yield at an uncontrolled intersection, whose responsibility it is for striking a disabled car on the side of the roadway, when you have the duty to yield to pedestrians, and much more. Here we will cover some of the most common things that are used to prove fault in an Iowa car accident.

Comparative Fault in Iowa

Iowa is a comparative fault state, meaning that the fault of the drivers involved in the car accident is compared to each other. For example, if there are two drivers involved in a car crash, one driver is speeding, and the other driver fails to yield. The fault of each driver will be determined by the finder of fact (a judge or a jury) and a percentage placed upon the fault of that driver. If the driver is found to be 51% or more at fault, they are not allowed to recover any of their damages. If the driver is found to be 50% or less at fault, the amount of damages they can recover is reduced by their percentage of fault. For example, if a driver sustains $100,000 in damages but is found to be 25% at fault, the other driver will only be ordered to pay $75,000 (100,000 minus 25% X 100,000 = 75,000).

Common Ways to Prove Fault in a Car Accident in Iowa

1. Failure to Stop Within an Assured Distance, Failure to Maintain Control, and/or Following Too Closely

One or more of these law violations are often used when a person rear-ends the vehicle in front of them. Whether they were not paying attention to traffic stopping or did not see the car in front of them, this is a common type of car accident. Here are some specific violations of Iowa car accident laws.

Assured Clear Distance Ahead

No person shall drive any vehicle on a highway at a speed greater than will permit them to stop within the assured clear distance ahead. The words "within the assured clear distance ahead" mean the distance from which noticeable objects, reasonably expected or anticipated to be upon the highway, may be seen.

Failure to Maintain Control of Vehicle

A driver operating a vehicle must have it under control and shall reduce its speed to a reasonable and proper rate when approaching and traveling through a crossing or intersection of highways.

Following Too Closely

The driver of a vehicle shall not follow another vehicle closer than is reasonable, considering the speed of the vehicles, the traffic, and the condition of the highway.

2. Failing to Yield

This can involve several different car accidents, including uncontrolled intersections where you have a duty to yield to the vehicle on your right, vehicles pulling in front of oncoming traffic, collisions that occur while passing, and a host of other car accidents. Here are some of the specific requirements under Iowa law for yielding to other vehicles and pedestrians:

Meeting and Turning to the Right

Vehicles meeting each other on any road shall yield one-half of the road by turning to the right. (This is a common violation when there is a head-on collision on a road.)

Approaching or Entering an Intersection

When two vehicles enter an intersection at approximately the same time so that if both proceed without regard to the other a collision is reasonably to be expected, the vehicle on the left shall yield the right-of-way to the vehicle on the right. (This is the classic uncontrolled intersection example, but also can apply to other intersections without traffic control devices as well)

Backing Onto a Highway

No person shall drive a vehicle on a highway in reverse unless it can be done with reasonable safety. The driver shall yield the right of way to any approaching vehicle on the highway or intersecting highway which is close enough to constitute an immediate danger.

Slow-Moving Vehicles

Any vehicle going at less than the normal speed of traffic at the time and place and under the existing conditions shall be driven in the right-hand lane, if available, or as close as possible to the right-hand curb or edge of the road, except when overtaking and passing another vehicle going in the same direction, or when preparing for a left turn at an intersection, an alley, private road, or driveway.

Driving on the Right Half of the Road

Exceptions: A vehicle shall be driven on the right half of the road on all roads of sufficient width, except as follows:
1. When overtaking and passing another vehicle going in the same direction under the rules governing such movement.
2. When an obstruction makes it necessary to drive to the left of the center of the road. Any person doing so shall yield the right-of-way to all vehicles traveling in the opposite direction upon the open portion of the road within a distance which is an immediate danger.
3. On a road divided into three marked lanes for traffic under the rules which apply.
4. On a road restricted to one-way traffic.

Entering Through Highways

The driver of a vehicle shall stop or yield at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway that they are a danger. Then the driver, having yielded, may proceed to cautiously and carefully enter the through highway.

3. Failing to Obey a Traffic Control Device

This is most common when a driver fails to stop at a stop sign or for a red light and ends up striking another vehicle. These laws can be very specific, so they cover a number of situations. The following applies to stoplights.

When Signals Display Different Colored Lights:

1. Vehicles facing a signal displaying a green light may go straight, turn right, or turn left through the intersection unless specifically prohibited. However, vehicles shall yield the right-of-way to other vehicular and pedestrian traffic lawfully within the intersection at the time the signal is exhibited.
2. Vehicles facing a signal displaying a circular yellow or yellow arrow light are warned that the related green movement is stopped and vehicles should no longer proceed into the intersection and shall stop. If the stop cannot be made safely, the vehicle may go cautiously through the intersection.
3. Vehicles facing a signal displaying a circular red light shall stop and remain stopped until an indication to proceed by the signal is shown. However, unless prohibited by a sign, vehicles may cautiously enter the intersection to make a right turn from the right lane of traffic, or a left turn from the left lane of a one-way street to the left-most lane of traffic on a one-way street. Any turn shall be made so that it does not interfere with other vehicles or pedestrians lawfully using the intersection.
4. Vehicles facing a signal displaying a green arrow light alone or with another official control signal may cautiously enter the intersection and go in the direction indicated by the arrow but shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection. Stopping means stopping at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection.

Making a Left Turn Across Traffic

The driver of a vehicle intending to turn left within an intersection, into an alley, private road, or driveway shall yield the right-of-way to all vehicles approaching from the opposite direction which are at the intersection or so close to the intersection as to be an immediate danger. Then the driver, having yielded and having given the required signal, may make the left turn.

Iowa Negligence Laws and Your Personal Injury Claim

To claim compensation after a car accident in Iowa, you will need to prove that your personal injuries were the result of someone else's negligence.

Proving Negligence in Iowa

According to Iowa negligence laws, to prove negligence you will have to show:

1. That the person who caused the accident owed you a duty of care;
2. That the person who caused the accident breached that duty;
3. That there was a connection between the person's conduct and the harm you suffered;
4. That the harm was foreseeable; and
5. That you suffered as a result of the negligent act.

If you are able to prove these things, you may be able to recover for your injuries. To claim compensation, you can get the help of an experienced Iowa car accident lawyer who can navigate the nuances of Iowa negligence laws.

Comparative Negligence in Iowa

When you file a personal injury claim, your compensation may be limited by Iowa negligence laws. This is because Iowa is a comparative negligence state. This means that if you were partially responsible for your car accident in Iowa, you may be held responsible for your own percentage of negligence. In other words, when you file an Iowa personal injury lawsuit, a judge or jury will determine exactly who was at fault.

For example, they may determine that while the other party was at fault for making an illegal left turn, you were also at fault for pulling too far into the intersection. In this case, you may be found 25% negligent and the other driver 75% negligent for the car accident in Iowa. This means your compensation will be reduced by your own percentage of negligence (25%). So if you are awarded $4,000 in an Iowa personal injury claim, your total compensation will be reduced to $3,000 ($4,000 - 25% = $3,000). According to Iowa negligence laws, you will be denied compensation if your percentage of negligence was more than 50%. This is known as the 51% rule. As long as your percentage of negligence does not reach 51%, you may be entitled to compensation in an Iowa personal injury claim.

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.