Dallas Center Personal Injury Attorneys

Pedestrian Accidents: Understanding Liability in Dallas Center

A pedestrian can hold at least partial accident injury liability for a pedestrian-car accident if he or she was partly responsible for the incident, though this remains a hazy area of the law. According to the National Highway Transportation Administration National Center for Statistics and Analysis, a majority of pedestrian accidents occur at night. If a pedestrian fails to take safety precautions, such as wearing light clothing or carrying a light, it could be construed as negligence on his or her part.

Careless Pedestrian Behavior

In a pedestrian-car accident, both parties will be assigned a certain degree of fault. Attorneys, insurance companies, and courts look at all the facts surrounding the accident before determining fault. In some cases, one party is clearly at fault, while in others, both parties may share responsibility. A Dallas Center pedestrian can hold some accident injury liability if they:

• Failed to use a crosswalk
• Crossed a street on a "don't walk" signal
• Walked or ran in front of traffic
• Did not take nighttime safety precautions, such as wearing reflective or light clothing
• Did not obey other traffic rules

Iowa's Comparative Negligence Rule

Iowa follows what is known as the comparative negligence rule, in which even if a person was partly to blame for an accident, up to 50 percent at fault, he or she can still seek compensation for injuries. However, the compensation amount will be reduced in proportion to that individual's degree of fault. This is why proving liability in a pedestrian-car accident claim is so important, since compensation is directly affected by how fault is assigned.

Pedestrians are expected to uphold traffic and safety rules, just as drivers are. When it comes to proving who is at fault for an accident, it is best for Dallas Center residents to consult a legal professional who understands how Iowa's comparative negligence rule applies to their case.

Avoiding Mistakes When Dealing With Doctors After an Injury

Many people fail to realize how important their interactions with the doctor are when treating an injury. Common mistakes can make a real difference in your case, whether you were hurt in a car accident, a work injury, or another type of personal injury. Not reporting pain or explaining how an injury is affecting your work limits what gets documented in your medical records, which can affect the doctor's opinion of your injury and how the case is ultimately evaluated.

See a Doctor Immediately

It is your responsibility to prove that you were injured by the accident. If you have any pain or problems, you need to seek medical care right away. Insurance companies and juries often believe that if you did not seek immediate medical attention, your condition may not be related to the accident. Even relatively minor pain can lead to bigger problems later, so it is important to see a doctor as soon as possible.

Be Careful What You Discuss With Medical Providers

The job of your medical providers is to focus on your injuries and provide treatment. They do not need to know the details of your legal claim, and your concerns about the case should be kept separate from your medical visits. Keep in mind that anything you tell your medical providers becomes part of your medical records, which the insurance company, and potentially a judge or jury, may see. You will, however, need to explain how you were injured so your providers understand the connection between the accident and your symptoms.

Be Honest About Your Health History

Doctors will usually ask if you have previously had any injury to the same area of the body. It is important to be honest rather than try to hide prior problems, since your full medical history will eventually be available to the insurance company. Providing incomplete or inaccurate information can not only affect the quality of your care but can also hurt your legal case. Be equally honest when describing the accident itself, since insurance company lawyers will look for any inconsistency to attack your credibility.

Attend Every Medical Appointment

Missed appointments show up in your medical records as a "no show," and repeated missed visits can make it appear as though you did not care about your treatment. If you need to reschedule or cancel an appointment, call at least 24 hours in advance whenever possible.

Follow Your Treatment Plan

Pain should be reported accurately and consistently, since doctors are trained to look for inconsistencies. Take medications as prescribed, and contact your doctor if you experience unwanted side effects rather than stopping treatment on your own. Avoid stopping medical treatment too soon, and avoid long gaps between appointments, since insurance companies and juries often interpret gaps in treatment as a sign that an injury has healed. Keep copies of business cards, bills, work excuses, and other medical records, since your attorney will need this documentation. If pain, limited activity, or disability leads to anxiety or depression following an injury, follow your doctor's recommendations for treatment, since these conditions can also be part of a properly documented and compensated injury claim.

When a Third Party Contributes to a Dallas Center Work Accident

If you were injured in a work accident in Dallas Center, you may be able to pursue a third-party claim in addition to workers' compensation. An Iowa workers' compensation attorney can evaluate your case to determine who was negligent in your work-related accident and whether it involved someone outside your place of employment.

What Is a Third-Party Claim?

Any employee injured while on the job is entitled to workers' compensation benefits. The situation becomes more complicated, however, when another party outside your employer or coworkers is involved. Employees generally cannot sue their employer for injuries that occur at work if they accept workers' compensation payments, and employers are protected from lawsuits once those benefits are paid, even if the employer was clearly negligent. However, if your injuries were caused by another person or company unrelated to your employer, you may be able to file what is called a third-party claim.

Determining Liability in a Third-Party Claim

Liability in a third-party claim depends on the specific circumstances surrounding the work accident. For example, if you were injured on the job because of a defective product, liability may fall on the manufacturer. If you were injured while working at another company's site, liability may fall on the property owner through a premises liability claim. If you were driving a company vehicle and another driver ran a red light and struck you, that driver may be held liable through a personal injury claim. A third-party claim can become complicated and time-consuming, which is why Dallas Center workers benefit from an attorney who handles both workers' compensation and personal injury cases.

What Compensation Is Available in a Third-Party Claim?

Workers' compensation benefits cover medical expenses and lost wages, but they do not provide other types of damages such as pain and suffering or mental anguish, and they do not include punitive damages. With a third-party claim, you may be able to recover damages beyond just medical expenses and lost wages, which can be especially important in cases involving severe injuries where workers' compensation alone may not fully cover your losses.