- Cedar Rapids Car Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Car accidents in Cedar Rapids and throughout Iowa are caused by many factors, but driver distraction remains one of the most common and least appreciated. When a crash does occur, victims face a range of immediate challenges, from navigating the aftermath of a hit-and-run to pursuing compensation for serious spinal injuries that require specialized medical procedures. Understanding what caused your accident, what your legal options are, and how your medical treatment fits into your claim can make the difference between a fair recovery and being left with uncompensated losses.
Cognitive Distraction: The Hidden Cause Behind Many Cedar Rapids Car Accidents
Most drivers are familiar with the concept of manual distraction, which is taking your hands off the wheel, and visual distraction, which is taking your eyes off the road. Far fewer people realize there is a third and equally dangerous type of distraction: cognitive distraction. Cognitive distraction is the mental departure from the task of driving, and it is one of the most common and least recognized types of driving distractions on Iowa roads today.
What makes cognitive distraction particularly dangerous is that the majority of drivers who experience it are completely unaware it is happening. Many types of cognitive distraction are automatic responses to stimulus, such as when someone asks you a question while you are behind the wheel, or when something unusual on the roadside catches your attention. In the moment your mind shifts from driving to processing that question or pondering what you just saw, your driving ability can suffer in ways you may never notice.
How Cognitive Distraction Affects Your Brain Behind the Wheel
Unlike physical or visual distractions, which are obvious to the driver experiencing them, cognitive distraction is subtle. However, the effects on driving performance are significant. Research shows that cognitive distraction can cause suppressed brain activity in the areas of the brain that are required for safe driving. It can lead to overreaction to moving objects in a driver's peripheral vision and delayed braking responses after a lead car has already stopped. Drivers experiencing cognitive distraction often miss important cues and show decreased accuracy when judging moving objects around them. Their visual scanning of the overall driving environment also decreases, meaning they are not taking in the full picture of what is happening on the road around them.
What the Research Says: Hands-Free Is Not Risk-Free
In 2011, the AAA Foundation conducted an extensive study on the effects of cognitive distraction using various types of in-car tasks. In a companion survey, researchers found that 56 percent of licensed drivers believed that using hands-free phone devices such as Bluetooth earpieces and voice commands is acceptable while driving. The actual test results told a very different story.
Researchers measured the brain's distraction from driving during six common in-car tasks: listening to the radio, listening to an audiobook, having a conversation with a passenger, having a conversation on a hand-held phone, having a conversation on a hands-free phone, and interacting with a speech-to-text email system. Using a workload rating scale where non-distracted driving scored a one and a complex series of math and verbal problems scored a five, each of these tasks fell somewhere in between.
Simple listening, as with radio and audiobook tasks, created mild distraction at ratings of 1.21 and 1.75 respectively. Conversations peaked well above the two-task threshold, with passenger conversations rating at 2.33, hand-held phones at 2.45, and hands-free phones at 2.27. Most notably, using a speech-to-text system generated a workload rating of 3.06, making it more distracting than a hand-held phone call. The research confirmed that hands-free phone systems still do not equal risk-free use, and that speech-to-text creates even greater cognitive load than holding the phone and talking.
The AAA Foundation estimates that more than 3,000 fatalities occur every year due to all three forms of distracted driving combined. While cognitive distraction is the least publicized of the three, it is the most prevalent among drivers on the road. If you were injured in a Cedar Rapids car accident, the chance that the other driver was cognitively distracted at the moment of impact is very real and worth investigating as part of your legal claim.
Hit-and-Run Car Accidents in Iowa: Your Rights and What to Do Next
Being struck by a driver who then flees the scene is one of the most disorienting experiences a crash victim can face. According to the AAA Foundation for Traffic Safety, approximately 11 percent of all motor vehicle crashes involve one driver who flees the scene. About 1,500 people are killed each year in hit-and-run accidents nationwide, 60 percent of whom are pedestrians. If you or a loved one were recently injured in a hit-and-run accident in Cedar Rapids or anywhere in Iowa, understanding your legal options is essential.
Iowa Law on Hit-and-Run Accidents
Fleeing the scene of an accident is illegal in Iowa. Under Iowa Code section 321.261, if a driver is involved in an accident that causes physical harm to another person and flees the scene, that driver is guilty of a misdemeanor. If the victim was killed in the accident, the fleeing driver may be charged with a class ""D"" felony. If the suspect is caught and apprehended, hit-and-run victims or their families are legally entitled to file an injury or wrongful death lawsuit against the responsible driver.
What to Do Immediately After a Hit-and-Run
The steps you take in the minutes and hours following a hit-and-run accident can significantly affect your ability to pursue compensation. The basic recommended protocol after a hit-and-run collision is to call 911 right away, provide the police with all the information you have, and request a copy of the official accident report. While the details are fresh, write down any identifying information about the fleeing driver and vehicle, including the make, model, color, and any portion of the license plate number you were able to observe. Collect contact information for any witnesses who saw the crash, and then contact your insurance company to report the accident, review your coverage, and determine whether you can file a claim.
One thing you should never do after a hit-and-run is attempt to track down the fleeing driver yourself. In many cases, drivers flee the scene because they are intoxicated, have a criminal record, recently committed another crime, or simply have no insurance. Pursuing a fleeing suspect puts you in danger. Let law enforcement handle the investigation.
How Insurance Covers Hit-and-Run Accidents in Iowa
Some Iowa drivers carry uninsured motorist coverage, commonly known as UM coverage. This optional insurance covers your damages if you are injured in a crash involving a driver who either fled the scene or has no insurance. If you have UM coverage, you can file a claim with your own insurance company to pursue compensation for your injuries and losses.
If you do not have uninsured motorist coverage, you will be responsible for covering your own damages unless law enforcement locates and identifies the fleeing driver. Health insurance may cover some medical costs once your deductible is met, but it will not compensate you for lost wages, pain and suffering, or other non-medical damages. This is precisely why consulting with a Cedar Rapids car accident attorney promptly after a hit-and-run is so important, regardless of whether the other driver has been caught.
Medial Branch Block Procedures After a Cedar Rapids Car Accident
Spinal injuries are among the most severe and most common injuries that result from car accidents. They frequently present as neck or back pain in the days and weeks following a crash, and they can be easy to dismiss as routine soreness, which is why all accident victims should seek a full medical evaluation even when they do not feel seriously injured at the scene.
When a doctor examines you after a car accident and diagnoses back or neck pain linked to facet joint damage, one of the treatment options they may recommend is a medial branch block procedure. This procedure serves a dual purpose: it functions as both a diagnostic test and a short-term treatment for pain originating in the spinal facet joints.
What the Medial Branch Block Procedure Does
Facet joints are small joints located in the spine that provide stability and enable movement. When these joints become inflamed or irritated following a car accident, they send pain signals through the medial branch nerves to the brain. This is what produces lower back, mid-back, and neck pain in many crash victims. A medial branch nerve block works by temporarily stopping or minimizing those pain signals before they reach the brain's pain center, which directly reduces the pain the patient experiences.
The procedure is minimally invasive and is considered a temporary solution. However, its diagnostic value is significant: if a medial branch block succeeds in relieving a patient's pain, that positive response indicates there is a good chance that a more long-term surgical procedure called radiofrequency ablation may provide lasting benefit. In this way, the block helps the medical team determine what additional treatment may be necessary as part of the patient's overall care plan.
Accounting for All Treatment Costs in Your Car Accident Claim
Because the medial branch block is a temporary measure rather than a permanent solution, it is critical that Cedar Rapids car accident victims do not treat it as the end of their medical journey when filing an injury claim. If you have only received initial care and the medial branch block procedure, talk to both your doctor and your attorney about what additional treatment might be necessary. A surgical procedure such as radiofrequency ablation may still be forthcoming as part of your overall care plan, and it will come with its own costs in terms of missed work, additional prescriptions, and extended physical therapy or chiropractic care. Your claim must account for all of these short-term and long-term damages, not just the expenses you have already incurred.
If you suffered back or neck pain because of an accident that someone else caused, you can file a liability claim with the at-fault party's insurance company. Doing so requires establishing fault as well as the full extent of your damages. Save all medical records, bills, imaging results, and any other evidence of both your injuries and the other driver's fault. If you have medical payments coverage on your own auto policy, you may also be able to recover no-fault benefits from your own insurer to help pay for treatment like the medial branch block procedure regardless of who caused the accident. Your personal health insurance may similarly help cover medical bills while your liability claim is being resolved.
Ultimately, the most significant damages in a serious car accident case are typically recovered through a liability claim against the at-fault driver. When your injuries are serious and your damages are significant, having an experienced Iowa car accident attorney building and presenting your claim makes a meaningful difference in the amount you recover.
Talk to a Cedar Rapids Car Accident Attorney at No Cost
Whether you were hurt by a cognitively distracted driver, left to deal with the aftermath of a hit-and-run, or are facing a lengthy treatment plan that includes procedures like a medial branch block, Walker, Billingsley & Bair is ready to help you pursue every dollar you are entitled to receive. The firm offers free, confidential case evaluations with no obligation to hire and no attorney fees unless they win your case. You can also request a free copy of The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case to learn how to protect your rights from the very beginning of your claim. Offices are located in Des Moines (Urbandale), Newton, Ankeny, and Marshalltown, with by-appointment locations available throughout Iowa, including Cedar Rapids.
Call (641) 792-3595 to speak with Corey or Erik, or contact the firm online here. Phones are answered 24 hours a day, 7 days a week.