Marengo Car Accident Injury Attorneys

A car accident in Marengo can turn an ordinary day into a stressful string of medical appointments, insurance phone calls, and unanswered questions. Whether you were driving your own vehicle, riding in the passenger seat, or behind the wheel of a rental car, the injuries and legal issues that follow a crash are rarely simple. Marengo residents who have been hurt in a wreck often want to know how to manage lingering pain, whether their own actions before the crash affect their case, and how insurance is supposed to work when more than one policy might apply. Below, we break down three common questions that come up after a Marengo car accident: how doctors treat painful trigger points caused by a crash, whether a Marengo accident victim still has a case if they were not wearing a seatbelt, and how insurance and liability work when the crash happens in a rental car.

Recovering From Pain After a Marengo Car Accident: Trigger Point Injections

A car accident can cause injuries that are severe enough to create significant pain, sometimes appearing days, weeks, or even months after the crash. When rest, home care, or physical therapy are not enough to control that pain, doctors may recommend trigger point injections as part of a Marengo accident victim's treatment plan.

What Are Trigger Points?

According to an article published in the journal American Academy of Family Physicians in 2002, trigger points are hyperirritable spots of the body located within a taut band of skeletal muscle. Patients with trigger points may experience muscle spasms, inflammation, and pain in the affected area. Trigger points commonly occur in the back, particularly the upper back, the upper spine, and the shoulder, although they can develop in other parts of the body as well. These points are usually caused when trauma occurs to the muscle, such as the kind of trauma that happens during a car accident. Following a crash on Marengo roads, a victim may develop trigger points in these areas without realizing right away that the pain is connected to the collision.

Understanding Trigger Point Injections

Trigger points can be painful on their own, which is why doctors use trigger point injections to help manage the discomfort. During the procedure, a numbing agent such as lidocaine is injected directly into the trigger point, producing numbing and pain relief. This is an outpatient treatment administered by a medical professional using a very small needle. In some cases, a steroid is used instead of an anesthetic. Ideally, only one injection is needed to relieve the pain, though some patients require the treatment on a more regular basis.

While trigger point injections can be very effective, like any medical procedure they carry some risk of complications. Pain at the injection site is a minor and common side effect, and infection can occur in rare cases. Other possible complications include the formation of a hematoma or the needle breaking. Anyone considering this treatment should discuss all possible complications with their doctor beforehand.

How Can I Afford My Trigger Point Injections?

Medical treatment can be expensive, and many Marengo accident victims wonder how they will afford the pain relief they need. If another person's negligence caused the car accident, you may be able to file a car accident claim to recover damages related to your injury, including the cost of treatment. Other damages that may be available include compensation for lost wages and mental anguish. To recover these damages, you will need to prove that your injury and any resulting trigger points were caused by the accident, and that the other party acted negligently in causing the crash.

Do I Still Have a Case If I Wasn't Wearing a Seatbelt in Marengo?

The short answer is yes, you still have a case. However, Iowa law requires all front-seat occupants to wear a seatbelt, and anyone under the age of 18 who is not in a car seat must wear a seatbelt in both the front and back of the vehicle. Iowa follows a system called comparative fault. In 2018, the Iowa legislature passed a new law, Iowa Code Section 321.445, increasing the percentage of fault a person can be assigned from 5 percent to 25 percent for failing to wear a seatbelt when required to do so by law.

Why Does This Matter for a Marengo Accident Claim?

For every percentage of fault you are found responsible for by a judge or jury, your damages are reduced accordingly. For example, if you are the driver or front-seat passenger who was not wearing a seatbelt in a crash caused by someone else, and your total damages equal $100,000, being found 25 percent at fault would mean you are only allowed to recover $75,000, since your damages were reduced by 25 percent.

Insurance companies will sometimes argue that a Marengo accident victim can be found comparatively at fault for not wearing a seatbelt in the back seat, even though it is not illegal to ride unbuckled there. There is no conclusive case on this specific issue, and district courts have gone both ways. In some situations, a judge will require the defense and their insurance company to present medical evidence in court, often through a doctor or other expert testifying about how the injuries would have been less severe had a seatbelt been worn. Several studies exist that these experts may cite to support that position.

Jurors can also be influenced by attribution bias if they learn that an accident victim was not wearing a seatbelt. This is a natural tendency for people to avoid imagining that they, too, could be seriously hurt in a car crash, so they instead look for something the injured party did that may have contributed to their own injuries. A juror might think that because they always buckle up, someone who did not wear a seatbelt is partly to blame for their injuries. This kind of thinking can lead a jury to award less compensation overall, in addition to assigning partial fault.

Good Reasons to Always Wear a Seatbelt

• Statistics show that wearing a seatbelt helps prevent occupants from being ejected during a crash, which is among the leading causes of death in car accidents.
• Scientific data shows that overall injuries tend to be less severe in a crash when a person is wearing a seatbelt.
• Your damages may be reduced because of your own fault for not wearing a seatbelt.
• If you are over 18 and riding in the front seat without a seatbelt, you can be ticketed and fined.

There can be several extenuating circumstances that affect how fault is assigned after a Marengo car accident, and sorting through them may require legal counsel. A car accident attorney can help review these details and determine how fault applies to your specific case.

Insurance and Liability After a Rental Car Accident in Marengo

If you are involved in an accident while driving a rental car in or around Marengo, the first steps you take are the same as they would be in any other crash. Check for injuries, tend to any injuries, move the vehicle or yourself to a safe location if possible, and call the police.

From there, what you need to do differs slightly from an accident involving your own vehicle. As soon as you are able, contact the rental car agency, report the accident, and ask what your next steps should be. You will also want to call and inform your own insurance company.

Who Covers the Rental Car Accident?

If another driver was completely responsible for the crash, that driver's insurance company would generally need to cover the damages. But the situation becomes more complicated if you were at fault or if the other driver does not carry enough insurance. In that case, coverage depends on both your personal auto insurance policy and any coverage purchased through the rental car agency.

Rental car companies usually offer these types of coverage:

• Collision Damage Waiver, which functions essentially as comprehensive coverage for the rental car
• Liability coverage, which pays for others' damages when you are at fault
• Personal Accident Insurance, which covers medical bills for you and your passengers

These coverages are optional, so you may or may not have purchased them at the counter. In most cases, your own auto insurance policy will apply first, assuming your policy covers accidents in rental vehicles. Most policies that include collision and comprehensive coverage extend to rental cars, but if you are unsure what your policy includes, it is worth contacting your insurance agent directly.

If you purchased rental car insurance at the time of rental, that coverage typically applies next, depending on the type and limits of what you bought. In some situations, a credit card company may also cover deductibles you are obligated to pay. Because of this layering of coverage, it is important to review your personal policy, the rental car policy, and your credit card policy carefully to understand how they work together after a Marengo rental car accident. If the details feel overwhelming, discussing them with a lawyer can help clarify your options.

Contact a Marengo Car Accident Attorney

Whether you are dealing with lingering pain that requires trigger point injections, wondering whether a seatbelt oversight will hurt your case, or trying to sort out coverage after a rental car crash, the attorneys at Walker, Billingsley & Bair are ready to help Marengo accident victims understand their options. We take the time to explain your car accident claim, review your policies, and help you pursue the compensation you deserve for your medical treatment, lost wages, and other damages.