- Center Point Car Accident Injury Attorneys
- Phone: 641-792-3595
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Experienced legal guidance for Center Point, Iowa drivers dealing with traffic citations, annular tears, and thoracic strains after a crash.
A car accident can leave a Center Point driver facing a painful back injury, a confusing traffic citation, and an insurance claims process that feels stacked against them. At Walker, Billingsley & Bair, we help Center Point accident victims understand how a citation affects their claim, what treatment options exist for common spinal injuries like annular tears and thoracic strains, and how to pursue the compensation they are owed.
If I Receive a Traffic Citation, Can I Still File for Damages?
Yes, a Center Point driver who receives a traffic citation after an accident can still file a claim. The citation may affect the strength of the claim depending on the type issued, since car accident claims revolve around negligence, meaning a failure to use reasonable care to prevent harm to others. If the citation suggests you were negligent, an insurance adjuster may use it to increase your proportion of fault and reduce the settlement offer, or even bar you from recovering damages entirely if you are found more than half at fault. It is important to let your attorney know about any citation you received so they can prepare to address it during settlement negotiations.
Common Traffic Citations Issued After an Accident
Speeding Tickets
Citations for exceeding the posted speed limit at the time of the crash.
Red Light Tickets
Citations issued for failing to stop at a red light before the collision.
Right-of-Way Infractions
Citations for failing to yield the right of way to another driver.
Seat Belt and Equipment Citations
More minor citations, such as failure to use a seat belt or not having working taillights.
How Modified Comparative Fault Affects Your Claim
Iowa follows modified comparative fault, meaning a claimant can collect damages minus their proportion of fault for the accident. Insurance adjusters may point to a traffic citation to argue for a higher percentage of fault against you. Under Iowa's modified comparative fault rule, a claimant must be 50 percent at fault or less to collect any damages. If a claimant is found more than 50 percent at fault, they are barred from recovering damages altogether.
Insider Tip: In addition to a traffic citation, the full accident report, including weather conditions, vehicle position, eyewitness accounts, and driver sobriety reports, can help establish fault. Photographs, medical records, and witness testimony can further support your Center Point car accident claim.
Annular Tears From a Center Point Car Accident
Car accidents commonly cause spinal injuries, and one of the most frequent types is an annular tear. An annular tear occurs in the intervertebral disc, a joint between two vertebrae that provides mobility and shock absorption. The outer layer of the disc, called the annulus fibrosis, connects adjacent vertebrae much like a ligament and contains sensory nerve endings. Trauma from a car accident can tear this outer layer, and the inner portion of the disc, called the nucleus pulposus, can then rub against those nerves, causing significant pain. In more serious cases, an annular tear can lead to disc herniation.
Diagnosing an Annular Tear
Patients reporting severe lower back pain after a car accident may receive an MRI to help diagnose their symptoms, though an MRI does not always reveal the full picture. In some cases, a discogram, a more specific diagnostic test, is needed to properly identify an annular tear.
Treatment Options
Unless disc herniation has occurred, there is often no permanent surgical solution for an annular tear. Treatment typically focuses on reducing pain through chiropractic care, hydrotherapy, deep tissue massage, hot or cold compresses, exercise, pain medication, epidural injections, or transcutaneous electrical nerve stimulation. Surgery is rarely considered necessary unless the disc has herniated, since many annular tears can heal on their own with conservative treatment over time.
Thoracic Strains From a Center Point Car Accident
Even a seemingly minor car accident can cause a back injury. The human body can be jarred, twisted, and impacted with significant force during a collision, even when vehicle damage looks minimal, and symptoms of a back injury sometimes do not appear for days or weeks afterward. It is important to seek medical attention even if you do not feel hurt right away.
What Is a Thoracic Strain?
A thoracic strain is an injury to a muscle or tendon in the mid-back region. These injuries can range from a simple muscle pull to a more serious muscle or tendon rupture, in which the tissue actually tears.
Treating a Thoracic Strain
Rest and Recovery
A torn muscle or tendon may take several weeks or months to heal, while a simple pulled muscle might heal in about a week.
Diagnosis
A doctor will likely order an X-ray or other imaging and perform an exam to determine the severity of the injury.
Physical Therapy
Physical therapy is often part of the recovery process to improve mobility while the muscle or tendon heals.
In severe cases, surgery may be required to repair the muscle or tendon, though most thoracic strains are treated with rest, activity modification, and over-the-counter or prescribed medication. Be sure to keep copies of all medical bills, prescription costs, and other records that may support your claim.
Filing a Claim for a Thoracic Strain
Iowa is a fault state for auto insurance claims, meaning the driver responsible for the accident is liable for bodily injury and property damage. If you were at fault, you may need to file a claim with your own insurer through coverage such as medical payments coverage, or rely on your health insurance. If another driver was at fault, you may file a claim against that driver's insurance to recover compensation for medical bills, lost wages, and pain and suffering related to your thoracic strain.
Remember: If you are unsure how fault will be assigned in your Center Point car accident claim, or how a traffic citation might affect your case, an experienced attorney can help you understand your options.
Seeking Legal Assistance in Center Point
Seeking legal counsel from experienced Center Point 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.