Fort Dodge Truck Accident Injury Attorneys

Within the extensive realm of highways, trucking accidents can cause substantial upheaval, frequently leading to severe injuries for those involved. In these challenging times, trucking injury lawyers stand as unwavering advocates, providing support and guidance to survivors. These legal professionals specialize in the complex field of trucking laws and regulations.

When a driver is in a car accident in Des Moines that results in herniated discs, he or she can seek compensation for this injury from the at-fault driver’s insurance policy. Injured drivers can seek both economic and noneconomic damages, but may face challenges proving causation and the extent of their damages.

Herniated Discs Symptoms and Prognosis

The spine consists of vertebrae and soft discs as well as the spinal cord. These discs act as a cushion for the vertebrae and help with flexibility. They are made of a hard covering (capsule) and a softer inner jelly-like substance (nucleus). A herniated disc occurs when the inner portion protrudes through a weak or damaged spot in the outer covering, pressing on nerves in the spinal column.

Doctors may first try to treat herniated discs with a combination of pain medications and physical therapy. If this doesn’t improve and manage the condition, the patient may have to undergo surgery to repair the damaged discs. Surgeons can remove the protruding part of the disc or may remove the entire disc. If the entire disc is removed, the vertebrae have to be fused together or the surgeon has to insert a replacement disc in the gap. These procedures can result in months of recovery time in some cases.

Legal Recourse for Herniated Discs Caused By a Car Accident

If an injured driver can prove that a defendant was negligent and caused the accident and that the accident directly caused an injury, the driver may be entitled to compensation from the defendant or the defendant’s insurer. Negligence broadly means failing to use reasonable care to prevent harm to others, so evidence of such behavior is important if pursuing a claim or lawsuit. Injured drivers may claim both economic and non-economic damages related to herniated discs.

Economic damages include things like:

- Medical expenses
- Lost wages
- Expenses traveling to and from medical appointments

Non-economic damages include things like:

- Pain and suffering
- Emotional distress

Challenges to Proving a Case

Defendants may dispute that the accident directly caused the herniated discs and instead argue that the plaintiff already suffered from the herniated discs before the accident. In these cases, medical records from before and after the accident may demonstrate that the accident caused the herniated discs.

Iowa is a modified comparative fault state. This means that plaintiffs need to be 50 percent or less at fault in an accident to recover damages. Also, because the state follows a comparative fault theory, a plaintiff can only collect damages minus his or her proportion of fault. For example, if a claimant or plaintiff is 20 percent at fault in a $10,000 case, the claimant or plaintiff collects $8,000 from the defendant.

Drivers suffering from herniated discs caused by accidents that were no fault of their own should consult a lawyer. A lawyer can help drivers obtain compensation for their injuries by establishing the defendant’s fault and the extent of damages.

Avoiding Car Accidents Caused by Road Debris

Thousands of serious car accidents in Iowa occur yearly due to road debris. These obstacles are apparent on every road but are most commonly found on highways and urban roads. It is essential that all drivers have 100 percent focus on the road and their surroundings to be ready for unexpected items to come into their path. This allows being able to react appropriately and avoid a serious car crash.

The Definition of Road Debris

You might think of debris in the road as stuff from the street, especially from construction workers or a blown tire that is still lying in the middle of the road. While these are definitely a hazard and can cause serious damage to you or your car, there are many other types of debris that need to be watched. After a large storm, there could be large trees or telephone wires lying in the middle of the road. You could also find items that have fallen off of large work trucks such as materials or even tools that the driver is unaware that they have fallen off of the truck due to insecure loading.

Dangers of Roof Racks

Many car owners use roof racks as a means of storage. While these racks are meant to carry items that are too large to fit in the vehicle, they are not meant to overload the car to the point of danger. It is very common for items to fly right off of the rack and into the path of another car. Worse yet, if the rack is loaded beyond its capacity, it can cause the car to lose control or flip over, causing even more obstacles for everyone else on the road.

Avoiding Serious Car Accidents

The number one way for any driver to prevent a serious accident as a result of road debris is to remain undistracted. Even the smallest distraction of looking down to pick up your coffee could result in a serious crash when debris is present. In the blink of an eye, a mattress could fly at your windshield or a tree could be lying in the street that was not visible until you were on top of it.

In less than optimal conditions, it is also imperative that drivers slow down. The posted speed limit is not a requirement; it is simply the maximum speed that you should be driving. If there is snow, rain or excessive obstacles in the road, it is to your benefit as well as the other drivers on the road to slow down and stay aware of your surroundings in order to avoid serious car accidents in Iowa.

Account for Emotional Damages if Filing a Car Accident Claim

After a car accident, people commonly feel anger, anxiety, shock, irritability, agitation, and self-blame. Sometimes the feelings manifest themselves physically in:

- Severe anger
- Shouting
- Loss of appetite
- Lack of energy
- Nightmares
- Hypervigilance
- Difficulty concentrating
- Forgetfulness

Every person's mind and body have different ways of processing emotions and traumatic events. While some emotional responses to accidents pass, others may experience more debilitating conditions. This may be especially true after serious accidents involving severe injuries or fatalities. Some drivers, for example, might experience post-traumatic stress disorder (PTSD).

Those experiencing PTSD can have a variety of symptoms including:

- Hyper-alertness
- Reliving the accident
- Emotional numbing
- Avoidance

For example, the victim may avoid driving in cars or have flashbacks and hypervigilance while in a car. Others might experience depression or anxiety related to the accident as well as their injuries. Accident victims who suffer serious physical injuries may become depressed as a result of the injury. For example, a driver who suffers a spinal cord injury might also experience depression related to the effects of the injury.

Emotional and mental health conditions can cause limitations in patients’ lives and may require treatment with mental health professionals. Auto accident claims should address these damages.

Pursuing Damages for Emotional Effects of a Car Accident

There's a distinction between economic damages and noneconomic damages. Economic damages include things like medical expenses and lost wages that are fairly easily quantifiable, while non-economic damages are monetary awards for emotional distress, pain and suffering, loss of the enjoyment of life, and other intangible damages related to the accident, which might heavily rely on evaluating the effects of the plaintiff’s or claimant’s emotional damages.

If a car accident victim needs to seek mental health therapy or take medication for PTSD or another mental health condition related to the accident, these expenses can be covered in a personal injury lawsuit as economic damages. But it’s important to consider future expenses as well as those already incurred. Mental health professionals may offer insight on how long treatment will last so the parties can determine a fair amount for damages.

Proving the Damages

Claimants and plaintiffs pursuing car accident claims must prove causation, i.e., that the accident led to the damages. The accident victim might provide testimony about certain emotional damages, for example. Accident victims can also keep a journal of their emotions and feelings after the accident to use as evidence as well as a way to cope. In many cases, medical records from mental health professionals and other professionals can establish the condition that arose from the accident.

Contact an Iowa Truck Accident Lawyer Today

At Walker, Billingsley & Bair, our team of experienced lawyers can assist you in navigating the complexities of truck accident claims. We are dedicated to ensuring you receive compensation for the damages you’ve suffered. 

For more information on injury claims, download our free e-book, "The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case." To schedule an appointment with a truck accident lawyer, Contact our office at 641-792-3595 to speak with an attorney.