Burlington Car Accident Injury Attorneys

Lives can be unexpectedly disrupted by accidents and injuries. In these difficult moments, car accident injury lawyers become essential allies. They specialize in advocating for victims of others' negligence, ensuring fair compensation. This article highlights the critical role these lawyers play, guiding individuals through their claims and aiding in their recovery.

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

Many drunk driving accidents result in serious injuries to innocent drivers. Those injured by drunk drivers have a right to pursue a legal claim for damages from the accident. The outcome of the drunk driving criminal case can significantly affect the claimant’s civil case against the drunk driver, especially if he or she is convicted. However, even if the driver mounts a successful drunk driving defense, 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 needs to show that the defendant drove a car and was under the influence of alcohol, drugs, or a combination of both while doing so. A defendant might challenge whether the arresting police officer had probable cause to stop the vehicle in the first place. They might also question the validity of the results of a breath, blood, or urine test. For instance, a driver might argue that the test results are inaccurate due to a faulty BAC measurement machine or incorrect administration of the test. Consumption of food or certain medications prior to the test can also affect the results, some defendants might argue.

Impact of the Drunk Driving Case on the Injury Case

If a defendant is convicted of a DUI after the accident, the claimant may use that conviction to demonstrate the defendant was negligent and caused the accident. This can enable the accident victim to collect an insurance settlement or win a lawsuit. Even without a DUI conviction, the plaintiff may introduce evidence that the defendant was drunk and therefore negligent. The standard for establishing negligence in a civil case is lower than proving guilt in a criminal one. Therefore, a lack of conviction in the criminal justice system doesn’t necessarily preclude liability for damages in a civil claim.

However, it is crucial to establish that the drunk driver actually caused the accident and the claimant's damages. Simply being drunk doesn’t automatically mean the driver caused the crash. For example, if the claimant was speeding, ran a red light, and collided with a drunk driver who wasn’t violating any traffic laws except for driving while impaired, the claimant may bear the majority, if not all, of the liability for the accident. The drunk driver might still face DUI charges, but the claimant might be unable to collect damages from them.

Iowa follows a modified comparative negligence system, meaning that as long as the claimant is less than 51 percent at fault for the accident, they can collect damages. However, any damages collected will be reduced by the claimant's proportion of fault.

Legal and Insurance Considerations

Carrying adequate car insurance is critical for drivers. These accidents can result in serious injuries, property damage, and high costs. To protect against both foreseen and unforeseen accident costs, drivers should consider additional insurance coverage beyond the mandatory liability insurance.

Four Types of Optional Car Insurance Coverage

1. Uninsured Motorist Coverage: This coverage protects the policyholder if they are in an accident with an uninsured motorist or a hit-and-run driver. It pays for medical bills, lost wages, property damage, and other expenses up to the coverage limits. For example, if the policyholder is 15 percent at fault in a $100,000 damages case, the insurance would pay $85,000.

2. Underinsured Motorist Coverage: This coverage is for accidents where the at-fault driver's liability insurance doesn’t cover all costs. Iowa requires minimum liability insurance coverage of $20,000 for injuries to one person, $40,000 for injuries in a single accident, and $15,000 for property damage. In serious accidents, costs can quickly exceed these minimums.

3. Medical Payments Coverage (MedPay): This covers medical expenses for everyone in the car, regardless of fault. It supplements health insurance by covering expenses like deductibles and co-pays.

4. GAP Insurance: This covers the difference between the market value of a car and the amount owed on a car loan if the car is totaled. It is especially useful for those who drive a lot, have no down payment, or drive highly depreciating cars.

Legal Options After a Car Accident

Iowa is a fault insurance state, meaning drivers may file claims with their own insurance company if they have the right coverage and also file claims with the other driver's liability insurance company. After a car accident, consulting an attorney can help in determining eligibility to recover damages from the other driver.

Medial Branch Block Procedure for Spinal Injuries

Spinal injuries, often resulting from car accidents, can be severe and manifest as neck or back pain. Accident victims should seek medical evaluation even if they don’t initially feel injured. A medial branch block procedure may be recommended as both a diagnostic test and a short-term treatment. It treats facet joints of the spine by reducing irritation and inflammation, and temporarily stopping or minimizing pain signals from the medial branch nerves to the brain. If successful, this procedure can indicate the potential efficacy of a more long-term surgical method called radiofrequency ablation.

Recovering Costs for Medial Branch Block Procedures

If you’re filing a car accident claim, include medical treatments beyond the medial nerve block. This ensures a comprehensive account of medical bills and other damages when filing a bodily injury claim. Additional treatments might involve more work absences, further prescriptions, and more physical therapy or chiropractic care. Your claim should reflect all short- and long-term damages.

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.