Marshalltown Car Accident Injury Attorneys

Accidents and injuries can unexpectedly disrupt lives. During these tough times, car accident injury lawyers are essential allies. They specialize in representing individuals harmed by the negligence of others, ensuring fair compensation. This article explores the critical role these lawyers play, guiding people through the complexities of their claims and aiding in their recovery.

Iowa Pedestrian Law as It Applies to Pedestrians

Pedestrian safety is a critical concern, as highlighted by the National Highway Traffic Safety Administration (NHTSA), which reports that over 4,000 pedestrians are killed and tens of thousands injured annually in traffic accidents across the United States. Understanding and complying with pedestrian laws is essential to reducing these incidents.

Iowa Pedestrian Laws

In Iowa, pedestrians must adhere to specific traffic laws to ensure their safety. Pedestrians have the right of way at intersections without traffic lights and on marked or unmarked crosswalks. However, caution is paramount, as pedestrians should not assume vehicles will stop even when laws require it.

Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys. Conversely, pedestrians must yield to vehicles, including cyclists, when crossing roads at points other than intersections without crosswalks, or where pedestrian tunnels or overhead crossings are available. Additionally, pedestrians should walk on the left side of the road facing traffic when there are no sidewalks, enhancing visibility and reaction time to avoid accidents.

Iowa law also prohibits pedestrians from soliciting rides while standing on roadways but allows them to stand in areas not used by vehicles for this purpose.

Legal Recourse for Injured Pedestrians

Despite following these laws, pedestrians can still be victims of accidents caused by negligent motorists. Injured pedestrians can seek compensation for physical and emotional trauma. They need to prove the motorist’s fault and the damages suffered, which may include medical bills, lost wages, and other related documentation.

Safety Tips for New Cyclists

Cycling is a popular activity in the United States, with over 46 million people riding bikes each year for various reasons, including fitness and commuting. However, cycling can be dangerous, especially for new cyclists. To stay safe, cyclists should familiarize themselves with bike safety practices.

- Learn Local Laws: Understand the bicycling rules in your area, as they can vary by city and state.
- Practice Safely: Before riding in traffic, practice maneuvering your bike in safe areas without cars.
- Take a Safety Course: Consider enrolling in a bicycle safety course.
- Ride with Traffic: Always ride in the direction of traffic and stay as far right as practicable.
- Avoid Sidewalks: Do not ride on sidewalks; it’s safer to be on the road.
- Wear a Helmet: Always wear a helmet, regardless of the trip’s length.
- Stay Visible: Use reflective clothing and lights, especially at night. In Iowa, rear lights are mandatory.
- Avoid Earbuds: Stay alert to traffic sounds by not wearing earbuds.
- Be Alert: Pay attention to what cars around you are doing and avoid blind spots.
- Maintain Safe Distance: Keep a safe distance from parked cars to avoid being hit by suddenly opened doors.
- Check Your Bike: Ensure your bike is in good repair before riding.

Iowa Dramshop Claims

Iowa’s Dramshop Law holds establishments that serve alcohol accountable for harm caused by intoxicated patrons. Two common scenarios involve patrons who cause car accidents after being over-served or who assault others while intoxicated.

Proving a Dramshop Claim

To succeed in a dramshop claim, it must be shown that:
- The establishment served alcohol to an intoxicated person when they knew or should have known the person was intoxicated.
- The establishment continued to serve alcohol to the point where it should have been clear the person would become intoxicated.

Licensed establishments are required to have dramshop liability insurance to cover damages to victims. The Iowa Supreme Court has clarified that plaintiffs do not need to prove the intoxicated person consumed the alcohol on the premises to hold the establishment liable.

Damages in Dramshop Cases

Victims can claim:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Limitations and Exclusions

Only victims injured by the intoxicated person can sue; the intoxicated person themselves cannot. Additionally, the law does not apply to private individuals serving alcohol at private functions.

5 Car Insurance Claim Myths Iowa Drivers Should Know

1. Your Insurance Will Cover Your Costs if the Other Driver Can’t
While all drivers are required to carry proof of financial responsibility in Iowa, many don’t. What this means for you is that sometimes, when another driver causes an accident, they have no means of paying for damages. Unfortunately, an at-fault driver’s lack of insurance/financial responsibility does not mean that your insurance will kick in and help you out.

You may not get any money from your insurance company unless you added one of the following options to your car insurance plan:
- Uninsured/underinsured (UIM) driver coverage
- Medical payments coverage (MedPay)

2. You’ll Get the Blue Book Value for Your Totaled Vehicle
Another common myth is that when a vehicle is considered 'totaled' (total loss) in an accident, you’ll get its Blue Book value. The truth is, an insurance company's obligation is only to pay for your vehicle’s actual value (as a used car) pre-crash.

By evaluating your car at that point in time, the amount that you get might not only be less than the Blue Book value of the car, but also less than what’s necessary to buy a new vehicle.

3. The Insurance Adjuster is on Your Side
Many people believe that since they 'hired' their insurance company, it works for them and thus will uphold their best interests. However, insurance adjusters are often on the hunt for any signs that you did something wrong during the accident, which they can use against you to reduce your benefit amount.

Reducing your payout keeps their bottom line low, which is their primary goal as a profit-earning company. As such, never sign anything an insurance adjuster asks you to, and never make any admission of guilt or fault for the accident.

4. You’ll Always Get Your Full Settlement Amount
It’s highly unlikely that you’ll be provided your full settlement amount the first time around. Rather, most insurance companies will offer you far less than what you’re entitled to, again, to see if they can cut corners and benefit their company. Never accept a settlement amount without discussing your claim with an attorney first.

5. You Can File a Claim on Your Own
While there’s no legal requirement that says you have to have an attorney to file a claim, filing a claim without a legal professional may result in a lower compensation amount than you would otherwise get.

Do My Medical Bills Have to Exceed a Certain Amount Before the Insurance Company Pays for a Car Accident?

If you sustained injuries in an Iowa car accident, your medical bills do not have to exceed a certain amount before the insurance company pays. When filing your insurance claim, be sure to submit all of your medical expenses and demand reimbursement. If negotiating with insurance companies is not your strong suit, a qualified Iowa personal injury lawyer can act on your behalf to help you recover compensation for your injuries.

An insurance adjuster may try to separate your medical expenses into a diagnostic category and a treatment category. Diagnostics include your emergency care, any tests run to diagnose your problem, and specialist visits, while treatment includes medication, surgery, physical therapy, and routine doctor visits.

The adjuster may argue that only your treatment expenses are related to the severity of your injury. However, remember that you cannot get the treatment you need without the proper diagnosis. Therefore, diagnostics are just as important as treatment.

Submitting an insurance claim can be a complicated process. A qualified Iowa personal injury lawyer can help you determine the value of your injuries and submit the proper medical files and paperwork to back up your insurance claim.

Thoracic Strain in Car Accident

Even minor car accidents can cause back injuries. In a car accident, the human body can be jarred, twisted, and impacted with significant force, even if the damage to the vehicle seems minor. Symptoms of back injuries can appear days or weeks after the collision. It is important to seek medical attention even if you don’t feel hurt.

What is a Thoracic Strain Injury?

Thoracic injuries affect the mid-back region of the body. Strains are injuries to muscles or tendons (which attach bones to muscles). Thus, a thoracic strain is an injury to a muscle or tendon in the mid-back region. These injuries can range in severity from a muscle pull to a muscle or tendon rupture, where the muscle or tendon tears.

Seeking Medical Treatment for Thoracic Injuries

Treatment for a thoracic strain injury generally includes rest to allow the damaged muscle or tendon to heal. It may take several weeks or months for a torn muscle or tendon to heal, while a pulled muscle might take a week or so. A doctor likely will order an X-ray or other tests and perform an exam to diagnose the injury and its severity.

In severe cases, surgery might be required to repair the muscle or tendon. But in most strain injury cases, the patient is instructed to rest and perhaps avoid certain activities. Physical therapy may be part of the recovery program to improve mobility during recovery. A doctor also may recommend over-the-counter or prescription medication.

Retain copies of all medical bills, prescription costs, and other important medical information to support your auto insurance claim or lawsuit.

Filing a Bodily Injury Claim for a Thoracic Strain

Iowa is a fault state for auto insurance claims. This means that the person at fault for an accident is liable for bodily injury and property damage.

If you were at fault for the accident, you will need to file your bodily injury claim with your own insurance company if you have appropriate coverage like a no-fault medical payments (MedPay) policy that covers your injury-related expenses. You also may need to use your health insurance if you caused the accident.

If the other driver was at fault, you may file an insurance claim with that driver’s insurer. This allows you to recover compensation for medical bills, lost wages, and pain and suffering related to a car accident injury like a thoracic strain. You also may rely on your own coverage, but ultimately the other driver is responsible for your damages.

If you are unsure of how to proceed or have concerns about the assignment of fault in your car accident claim, seek the assistance of an auto accident lawyer to help with your case.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.