Who may be an accident witness to a drunk driving crash?

The injured person’s testimony can be very helpful in the injury case, but when it’s supported and/or backed up by statements from others, this can make it even stronger. One potential witness is the responding police officer(s).

The responding officer might testify to the condition of the driver, such as noticing:

• slurred speech;
• difficulty walking;
• bloodshot eyes; and
• other observations that may indicate intoxication.

The results of a field sobriety test given by the police officer can be extremely helpful, too.

Other witnesses might include those who observed the driver while at the establishment at which alcohol was consumed, such as bar patrons or staff. Friends or passengers in vehicles involved in the accident might also be called upon to provide statements.

Anyone who might have:

• heard the driver admit to drinking;
• observed the crash; or
• saw him/her driving erratically can also help in building a strong case. 

If the driver requires medical attention, the emergency room doctor might witness to behaviors that indicate intoxication. And even a statement from a toxicologist could be used.

Attorneys in Des Moines, Iowa Can Help Collect Other Types of Evidence

As important as witnesses can be in a drunk driving case, there are other kinds of proof that may be necessary, too. For instance, photographs of the damaged vehicles, accident scene and injuries can be useful.

A copy of the police report should also be obtained. Attorneys in Des Moines, Iowa at Walker, Billingsley & Bair can go over the types of evidence that should be collected in addition to accident witness testimony in your particular drunk driving crash case. 

Are breath test results enough to prove someone was drunk?

Unfortunately, this test may not be enough. One reason is that the person’s Blood Alcohol Content (BAC) level may be within the legal limits. Therefore, the person would likely use this as a defense.

In Iowa, a driver can only be charged with Operating While Intoxicated (OWI) when the BAC is .08 or higher. So anything below that would make it difficult to say the driver was drunk. At the same time, any impairment could have been a contributing cause of an accident, which is why additional evidence would be necessary.

There is also the chance a court will find it was unreasonable to administer the test. It can only be done when there are legitimate grounds to do so. If that isn’t the case, the results could be thrown out.

Additionally, there are a number of reasons the results could be found invalid. For instance, the results from the test may not be considered reliable. Blood tests tend to show more accurate results, or the defendant may successfully argue that there was something wrong with the device.

Finally, one piece of evidence may not be enough to substantiate a claim. A drunk driving accident case may be stronger when there are several types of proof submitted.

Examples of other types of drunk driving accident evidence that may be helpful include:

• a copy of the police report;
• statements from witnesses; and observations made about the driver’s appearance and behavior.

Talk to an attorney about breath tests results and other evidence for your particular case. 

What are direct injuries in a personal injury case?

Direct injuries are those specifically caused by the accident:

• broken bones;
• internal injuries;
• a concussion; and
• whiplash.

These are often physical injuries that result from the accident. Direct injuries can result in medical bills for treatment, lost wages during recovery from injuries, and even rehabilitation or physical therapy costs if necessary to overcome the injury. In some cases, such as if permanent physical disability or disfigurement is present, damages for mental anguish may be addressed in an accident injury claim.

What are indirect injuries in a personal injury case?

An indirect injury includes:

• depression;
• anxiety; or
• other effects of the accident that may not be present immediately following the accident, but may nonetheless be related to the incident.

In many cases, these may be an emotional response to the injuries or the incident itself. Post-traumatic stress disorder (PTSD) may accompany serious injuries or traumatic events, for instance.

Damages may be similar to direct accident injuries, as these injuries may require medical treatment such as psychiatric care and therapy. Some may also lose wages if the condition interferes with ability to work, while mental anguish and other emotional damages may also be recovered in an accident injury claim.

In order to be compensated for direct or indirect injuries, it will be necessary to establish negligence in a personal injury claim. In other words, there must be proof that someone else acted in a careless and reckless manner to cause the accident injuries, whether direct or indirect.

What are some of the problems that can arise when establishing negligence?

One potential problem in a personal injury claim is pinpointing the act of negligence. Sometimes accidents happen so fast, it can be challenging to know what actually led to the collision. For instance, the injured person may have no way of knowing the other driver was texting or that he/she was going over the speed limit. Trying to determine what led to the crash may require a lengthy and thorough investigation.

Another problem that could arise is proving that the injuries sustained were caused by the accident. This can be a problem when the person has a pre-existing medical condition or had suffered injuries from a prior crash.

Establishing damages in a personal injury claim can sometimes be a challenge, too. There must be enough evidence to support the financial, physical and emotional losses. While receipts and medical statements might show costs incurred, proving pain and suffering might be more difficult.

Another problem is when the injured person was partially at fault for the crash. In the state of Iowa, damages cannot be recovered unless the person was 50 percent or less responsible for the crash. Even if this can be proven, the amount available could still be reduced by whatever percentage of fault is assigned. Therefore, it can be a challenge to put most of the blame on the other driver.

Legal Assistance from Lawyers in Des Moines

When it comes to establishing negligence, there may be other problems that can make the process complex that may be difficult to foresee. Seeking legal advice with a lawyer in Des Moines might be the best thing that an injured person can do if pursuing a personal injury claim. Call Walker, Billingsley & Bair at 515-440-2852.

Common Types of Complications from Cervical Fusion Surgery

Injured workers should discuss surgery outcomes and risks with a physician at length before pursuing surgery.

Among the possible types of complications after neck surgery are:

• pain in bone graft or fusion site;
• malfunction or failure of fusion materials;
• infection at surgical site;
• bone graft rejection by the body;
• blood clots; and
• bleeding.

These risks and complications can vary depending on a patient’s age, health and other factors. Complications from cervical fusion surgery may require a longer recovery period, which could mean additional time away from work. This is among the factors considered when pursuing a workers’ comp claim with an attorney in Des Moines.

Consult an Attorney in Des Moines about a Workers’ Compensation Claim 

Whether for a neck fusion or another medical procedure necessitated by a work injury, you have a right to compensation for medical costs. Disability benefits may also be recovered in a workers’ comp claim – these are dependent on the severity of the injury and the time away from the job.

The attorneys at Walker, Billingsley & Bair offer free consultation to injured workers. Workers who have required expensive treatment and are pursuing compensation, or who are working through a dispute with an employer or insurance company over a claim after neck surgery can set up an appointment.

But employers cannot fire an employee for becoming injured, reporting neck injuries, or seeking workers’ compensation for neck injury treatment like neck fusion. Lawyers in Des Moines, Iowa can help workers file a workers’ comp claim or help if they have trouble filing the claim with an employer or insurance company.

Seek Neck Injury Treatment Right Away

If treatment is not sought soon, it could allow the injury to progress, especially if strenuous or dangerous activity is continued, such as continuing to lift heavy equipment or perform repetitive motions that strain the neck. If a worker has a herniated disc in the neck, for example, failing to address it could lead to chronic pain or loss of sensation in the extremities.

It may be especially important to seek medical care after a traumatic accident. If injuries are not apparent right away, see a doctor shortly afterward for an examination. Untreated fractures may lead to nerve compression or improper healing. What’s more, any neck injury in which damaged structures compress the spinal cord should be brought to a physician’s attention to avoid permanent damage.

Contacting Lawyers in Des Moines, Iowa for Workers’ Comp Help

Workers who have been injured on the job may pursue compensation for medical costs and can pursue disability benefits through a workers’ compensation claim. If injuries are serious or the claim becomes complicated or disputed, lawyers in Des Moines, Iowa at Walker, Billingsley and Bair can help. Set up an appointment if pursuing compensation for neck injury treatment and disability benefits after neck injuries.

When helping family members pursue a claim, a Des Moines personal injury lawyer may seek damages for:

• medical costs;
• funeral expenses;
• loss of consortium; and
• service and support.

What is the role of a will after death in a wrongful death case?

If the deceased had drawn up a will, an executor (aka personal representative) would likely have been named. This is the person (not necessarily a family member) who would be entitled to bring forth a wrongful death lawsuit on behalf of the surviving family members.

A will may also name beneficiaries in the event of death. This can impact the distribution of proceeds in a wrongful death case. It could also keep the courts out of having to make the decisions regarding estate distribution, including requiring a probate estate to be opened.

The executor of the will would be the one who can legally bring a wrongful death claim against a negligent party who is responsible for the accident that killed the deceased. The executor can file a lawsuit for compensation on the behalf of a spouse or child who has suffered damages related to loss of companionship, service and support.

Damages for medical expenses or other financial losses may be distributed to the estate and then distributed to beneficiaries, while damages for loss of support or services may be awarded directly to a surviving spouse, child or parents.

A Des Moines Personal Injury Lawyer Can Help

With the complex issues that oftentimes accompany this type of case, it can be helpful to seek legal counsel with a Des Moines personal injury lawyer. An attorney can help determine the validity of a case, who is entitled to damages and answer questions pertaining to the distribution of settlement proceeds in a wrongful death case and the effects of a will after death. 

Truck companies have their own insurance companies who will aggressively fight for their clients, and will likely also utilize investigators who will conduct an accident investigation. Victims of these accidents may therefore benefit from a Des Moines personal injury attorney who can offer legal representation and help conduct an investigation.

Reasons to Conduct a Truck Accident Investigation

Keep in mind that the insurer for the truck company may use a variety of tactics to diminish the value of a claim or to deny it entirely. This is why it’s essential that any evidence available is preserved and collected.

Part of the problem with an investigation, is that much of the evidence required needs to be obtained through the truck company (employee records, maintenance records, hours of service records, etc.). Unfortunately, there could be efforts made to alter or change it, or even destroy it in some cases. Remember, trucking companies must hold hours of service records for six months.

For this reason an attorney should be secured. A Des Moines personal injury attorney can send a spoliation letter to the truck company indicating that necessary documentation, devices and records be preserved. This allows for a more thorough accident investigation.

Other Reasons to Hire a Des Moines Personal Injury Attorney

Another thing to keep in mind is that it isn’t against the law for the insurance company to make requests that damage the victim. And an injured victim may not fully understand his or her rights enough to watch for this. For instance, they may ask for paperwork to be signed. It could come across as just being a normal part of the process but without having an attorney look at it, this could end up hurting the claim.

An insurance company will also likely try to get the claim settled as quickly as possible. While the amount being offered might sound good, it could end up not being nearly enough to cover future medical and other expenses. A Des Moines personal injury attorney can help in both proving the truck company’s negligence and determining a settlement that is full and fair after a truck accident. 

5 Things Not to Do at the Scene of the Accident

One of the first mistakes many people make is to refuse medical treatment when it’s necessary. Later on an injured person might try to submit medical records as evidence, but if there was a delay in receiving treatment, it can make proving the severity of an injury difficult.

A second mistake to avoid is taking blame for the crash, apologizing (even if not responsible), or making other comments that are suggestive of being at fault. The less that is said about what caused the accident, the better it may be for a car accident claim.

Certain details can be sorted out later with help from a Des Moines injury lawyer. And when it does come time to talk about the crash, such as to the responding officer, stick to the basic facts. Don’t try to offer an opinion or make assumptions about the accident, which is a third mistake to avoid.

A fourth mistake that can be made at the scene of the accident is to not take pictures. Thinking that damage to a vehicle is minor and that the injuries are mild could later put a claim in jeopardy. The damage could be much more significant than originally thought and symptoms from injuries don’t always present themselves immediately.

Lastly, don’t make the mistake of not getting contact information from any witnesses. Relying upon one’s own statement may not be enough. In fact, testimony from others could be what puts the car accident claim in an injured person’s favor.

Avoiding these mistakes could help preserve necessary evidence for an accident claim. Accident victims may also benefit from consulting with a Des Moines injury lawyer about what to do at the scene of an accident. 

A personal injury lawyer in Des Moines may write the letter and help the victim of the accident collect the necessary evidence, including evidence from the trucking company.

How can a spoliation letter protect an injury claim?

In order to prove the truck driver and/or company is liable for serious or fatal injuries sustained in an Iowa truck accident, there needs to be ample evidence. Otherwise a claim is at risk of being diminished in value or possibly even denied.

Certain types of information can only be obtained through the truck company. Examples include the driver’s logbook, data from an automatic onboard recording device, inspection reports and personnel files.

But there is the risk that before this information is received, it could be changed. For instance, if it’s believed a driver had fallen asleep at the wheel, data from a logbook could indicate if the number of hours allowed to operate the truck was exceeded.

Before it gets into the hands of the plaintiff, the employer might change that information. This would make proving a violation of the hours-of-service rules difficult. The letter informs the trucking company of the intent to file a claim and instructs it to preserve certain evidence.

The spoliation letter will oftentimes include a list of specific items to preserve as evidence, such as:

• electronic devices or files;
• driver’s records;
• contracts;
• maintenance records; and
• the tractor trailer itself.

Accident victims can work with a personal injury lawyer in Des Moines to discuss which types of evidence may be helpful and, therefore, should be preserved.

Consulting legal counsel after an Iowa truck accident can be important to make sure evidence is preserved. A personal injury lawyer in Des Moines at Walker, Billingsley & Bair can work with accident victims and can draft and send a spoliation letter to preserve necessary evidence.

Who is a beneficiary in a wrongful death lawsuit?

Per the definition of a beneficiary, these persons may be entitled to receive monies from a deceased person’s estate. It may be advantageous to have a will in place so that beneficiaries can be specifically named. This could help prevent potential problems associated with the wrongful death settlement distribution.

If married, the spouse is typically a beneficiary, and if there are children, they are likely beneficiaries as well. But if the person isn’t married and has no children, parents may be named as beneficiaries in the case.

How are damages awarded in a wrongful death lawsuit?

In Iowa, damages awarded in a wrongful death case go into the deceased’s estate. From there the settlement may be distributed per court ruling unless there is a will that specifies the beneficiaries.

However, other damages that are awarded may go directly to the surviving family members. This can include loss of support, services or consortium experienced by the deceased’s spouse, children, or parents in some cases. An Iowa personal injury attorney handling an Iowa Falls wrongful death case can review the specific types of damages that may be sought based on the case details.

There can be some confusion about the laws or what types of damages should be awarded. Talking with an Iowa personal injury attorney could be helpful to Iowa Falls families unsure of how to proceed with a wrongful death lawsuit or who have questions regarding the definition of a beneficiary and who qualifies.

5 Types of Evidence That Should Be Gathered at an Accident Scene

With just about everyone having access to a camera through cellphones, the ability to take pictures right away can be a great benefit when collecting evidence. Even though a person can return to the scene at a later time, it is best to capture everything while it’s fresh.

Photographs, first type of evidence, are critical after an auto accident. Pictures should be taken of the crash scene, the damaged vehicles, tire marks (in the direction they were treading), damaged property (light pole, building, etc.), street signs, lights and anything else that may be relevant.

A second type of evidence that should be gathered at the accident scene is information on the other driver. Be sure to get his or her name, telephone number, address, insurance company, and driver’s license and plate numbers.

Third, gather contact information from any witnesses to the accident, including names, phone numbers and email addresses. If any are willing to write down what happened or provide a handwritten diagram of the accident, this could be helpful to a car accident claim.

Fourth, ask the responding police officer how to obtain a copy of the accident report. If there is a case number, write that down. Or, at least get the officer’s name. It could make locating the report much easier.

Lastly, consider gathering contact information of anyone who has taken pictures or video footage, or of any businesses whose surveillance footage may have captured the accident, which may have captured the cause of the accident.

Help from a Des Moines Personal Injury Lawyer after a Car Accident in Iowa

Preserving evidence in an accident claim is critical, and a Des Moines personal injury lawyer may help with this process. This means acting quickly after a car accident in Iowa and collecting evidence before there is a chance of it being altered or destroyed. 

The condition may develop for a number of reasons, including job-related physical activity in which case an Iowa workers' compensation lawyer may help pursue benefits.

If this injury is related to employment, one may be entitled to treatment covered by workers' compensation. To determine qualifications, one should first inform his or her employer of symptoms and let him or her know an evaluation from a doctor is needed.

Consult first with a primary care physician who may refer a specialist if necessary. An X-ray can show if a vertebra, typically the L5, is slipped out of place and causing pain. Specialists may order a CT or MRI scan to determine if any damage was done to the soft tissue, such as pinched nerves or pressure on the spinal cord.

Once a diagnosis and treatment plan from a doctor is obtained, inform the employer of the situation so they can file the necessary workers' compensation case documentation. If the doctor requires special medical equipment such as a back brace, workers' compensation coverage should allow for assistive items such as these to be provided. Other benefits under workers' compensation may include disability benefits.

Discuss Rights with an Iowa Workers' Compensation Lawyer

Rest and relaxation is the first option for relief in many cases, which means workers' compensation coverage should allow for the necessary paid time off. If the employer is challenging a back injury or workers' comp case or refusing to follow a doctor's treatment plan for time out or light duty, one has the right to fight the decision with the help of an attorney.

Walker, Billingsley and Bair can provide consultation with an Iowa workers' compensation lawyer so injured workers can discuss whether his or her case of spondylolysis may qualify for benefits. Call 515-440-2852 or fill out our contact form to discuss a back injury and workers' comp benefits with a lawyer.

Spondylolysis may develop becaues of repetitive stress on the lower back. When a worker experiences chronic back pain, a doctor's evaluation should be obtained. Signs of spondylolysis and spondylolisthesis (slippage of the vertebra out of place) are not always obvious, and may include pain that worsens when bending backward, weakness or tingling in the back or legs, and slowed reflexes.

When spondylolysis is diagnosed, your doctor will typically require that you rest your back, either by taking leave from your job, or by going on light duty and refraining from lifting heavy objects or straining your back.

If the damage is more severe, special medical equipment such as a back brace may be necessary to allow the injury to heal. Medications may also be needed to manage pain and inflammation of the lower back muscles and nerves. In serious cases, surgery may be called for to repair a fracture or reposition slipped vertebra.

Under workers' comp for your back injury, the employer should comply with the doctor's orders to aid healing injury. If the injury requires one to return to a lower-paying position, workers' comp benefits may be available to make up two-thirds of the difference.

Get the Workers' Compensation Benefits Deserved

Healing from this injury may require a break from the job-related stress placed on the back.

If an employer does not comply with doctor's orders for rest:

• use of medical devices;
• light duty;
• time away from work; or
• denies workers' comp for a back injury, an Iowa workers' compensation attorney can discuss the legal options available.

Call Walker, Billingsley and Bair at 515-440-2852 or fill out an online contact form to set up an appointment to discuss filing for workers' comp for a back injury like spondylolysis and get the information needed.

How to Map a Motorcycle Trip Route

When mapping out a potential route, motorcyclists should be sure to:

• Consider weather conditions. Any areas that are particularly rainy, snowy or windy are going to be more difficult – and more dangerous – to navigate. Before choosing a route, motorcyclists should look ahead to weather forecasts to make sure driving weather is ideal.
• Think about fueling options. Drivers should be careful not to map themselves through rural areas for an extended period of time. These areas can lack gas stations, and drivers may become stranded on the road. Ample fueling options are always important when building a route.
• Look at lodging. It’s always important to plan lodging options up front. If a driver prefers to sleep outdoors, he or she should be diligent in looking for available RV parks and campsites nearby the route. If more inclined to sleep in a bed, bikers should map a route through areas with plenty of motel and hotel space.

Adequate motorcycle trip preparation is integral to preventing dangerous accidents and ensuring a successful motorcycle trip. In the event of an accident, though, victims can call 888-792-3595 to speak to a motorcycle accident attorney at Walker, Billingsley & Bair. 

What's in a motorcycle safety kit?

A motorcycle emergency kit should include:

• first aid items, including aspirin, bandages, burn cream, gauze, and peroxide;
• bug repellent;
• sunscreen;
• a flashlight;
• a blanket;
• basic repair tools, including spare oil, a tire kit, fuses, a wrench, duct tape and pliers;
• other handy tools, such as scissors, a pocket knife, matches and batteries;
• weather protection items, including a rain suit and gloves;
• non-perishable food items, such as trail mix, granola bars and crackers;
• water bottles;
• a cell phone; and
• a GPS and map.

No matter how thorough a motorcyclist is in preparing for a motorcycle trip, accidents do still happen. Anyone who has been a victim of a motorcycle accident may call 888-792-3595 to speak to an accident attorney in Des Moines at Walker, Billingsley & Bair. Injury victims could be due compensation for their injuries and damages. 

Injuries that aren’t covered by workers' compensation include those that arise out of the normal breakdown of body tissues, such as those that occur through aging. Or, if the injury or illness was pre-existing, it wouldn’t be covered. An exception to this would be if the work made those conditions worse.

Settling a Workers' Comp Claim after Sustaining a Permanent Injury

Permanent disabilities can either be total or partial. In either case, there are generally two types of settlements that may be approved by the Workers' Compensation Commission.

The first type is an agreement for settlement. Both parties enter into an agreement regarding the extent of payment and amount of payment. With this, the employee still has future rights.

The second type of settlement is a compromise settlement. This is usually the result of a dispute concerning entitlement to benefits. With this type, the employee has no future rights to benefits for the settled injury.

Meanwhile, while most receive weekly payments, a lump sum payment may be issued in some cases. A full commutation is a lump sum payment that takes care of any remaining future benefits, whereas a partial commutation takes care of a portion of them. The former ends future rights to additional benefits, and the latter does not.

An attorney familiar with workers' comp laws and processes can review the particulars of the case and help ensure the worker's rights are properly represented and a fair resolution is reached.

These types of injuries are where permanent partial disability benefits through workers' compensation come into play. The longevity of benefits available will depend on the severity of the injury. For instance, the loss of arm would be considered more severe than the loss of a great toe, and benefits may be available for a longer period of time.

Injuries That May Result in Permanent Partial Disability Benefits

The following are examples of injuries that may result in a worker receiving permanent partial disability benefits:

• back injuries;
• nerve damage;
• post-traumatic stress disorder;
• amputation of a body part (an arm, leg, eye or finger); and
• partial hearing loss.

A permanent disability that prevents an employee from ever returning to work would result in another form of compensation: permanent total disability benefits. An example of this type of injury would be the loss of both eyes. Similarly, losing both hands may prevent an employee from working. An attorney can help determine the type of benefits to which a workers’ comp claimant may be entitled.

Types of Psychological Treatment Prescribed after a Dog Bite

Some victims may experience a lot of fear and anxiety after a dog bite. In addition, the victim may be dealing with embarrassment at the marks and scars left behind after the attack.

Treatment may include seeing a psychologist or psychiatrist. This can help the victim talk about the social implications of having a disfiguring injury and how to cope. Counseling can also help with addressing emotional injuries such as post-traumatic stress disorder. Sometimes medication to combat anxiety or depression may be prescribed.

These are costs that are in addition to the treatment required for physical injuries. Victims may be able to seek compensation to cover not only expenses related to physical or psychological treatment, but for all damages that address the effects of a permanent disfiguring injury, such as emotional distress or pain and suffering. An attorney at Walker, Billingsley & Bair may be able to help. 

Tips for Taking Pictures of a Disfiguring Dog Bite Injury

Evidence is critical to any case. The best way to show the impact severe injuries have had on an individual is to take pictures. 

The following are tips for taking photographs of a dog bite injury:

• take multiple pictures, allowing for more choices when choosing the best shots;
• get pictures of the initial injuries and then over a period of time to show how scarring developed;
• take pictures of the main area of the body (such as an arm) and then zoom in for closer shots; and
• use a tape measure in the picture to show the length of a scar.

Meanwhile, taking pictures may be a good way to demonstrate owner negligence in some cases. Pictures of dangerous conditions like a broken fence or photos of the dog running loose may help establish that an owner was negligent in keeping others safe from the dog.

Having ample evidence is important when seeking compensation for injuries like permanent disfigurement from the dog bite. It may also be a good idea to speak with an attorney about other types of evidence that can help such as medical records, X-rays, and witness statements.