Rockwell City Car Accident Injury Attorneys

Every year in Iowa, thousands of people are injured in car accidents, and those hurt in Rockwell City often face a difficult road involving medical treatment, insurance claims, and important legal deadlines. Whether you were involved in a multi-car crash, suffered a broken bone, or sustained one of the many common car accident injuries, understanding how fault is determined and how to protect your claim can make a significant difference in your recovery.

How Fault Is Determined in a Multi-Car Accident

Multi-car accidents are a common occurrence, especially during weather events like fog or black ice. When determining whose insurance pays, an evaluation of fault, also known as negligence, must be done to determine which driver started the chain reaction leading to the crash. Fault can also be assessed against drivers who were following too closely and could not maintain control of their vehicle.

Iowa follows what is called comparative fault, meaning that if there are, for example, four drivers involved in a crash, each can be assessed a percentage of fault. As long as you are not found 51 percent or more at fault, you are able to recover your damages, though they are reduced by your percentage of fault. For example, if a jury determines your damages are $100,000 and finds you 10 percent at fault, your recovery would be reduced to $90,000.

Common Rules of the Road That Affect Fault

Several rules of the road can be used to assess a percentage of fault in a Rockwell City car accident. These include driving at a speed too fast for traffic, road surface, width, and weather conditions, driving above the posted speed limit, and driving too fast to stop within the assured clear distance ahead. A driver must also maintain control of the vehicle, including the ability to steer and stop, and must use ordinary care by adjusting speed for conditions that require driving slower than the posted limit.

Following too closely, improperly passing another vehicle, and failing to yield when approaching or entering an uncontrolled intersection can also factor into a fault determination. Drivers entering a through highway must stop or yield to vehicles already on that highway, and a driver exiting a driveway, alley, or building with a sidewalk must stop before crossing it. Drivers are generally allowed to assume other drivers will obey the law until they know or should know otherwise, and every driver must maintain a proper lookout for other vehicles. In some cases, a legal excuse or sudden emergency that a driver did not create and could not avoid may excuse what would otherwise be a violation. Special rules also apply when meeting a school bus with its warning lights flashing, requiring drivers to slow down and stop as required by law.

If you or a loved one have been injured in a multi-car accident in Rockwell City and the insurance companies will not agree on fault, it is worth having a professional in your corner so you are not taken advantage of during the claims process.

Most Common Car Accident Injuries

Car accidents in Iowa can take many forms, including being hit by a semi driver, a person with no insurance, a person with insufficient insurance, a drunk driver, or someone driving a corporate vehicle. The nature and type of injuries, the facts surrounding the collision, how the injuries affect a person's ability to work, and the available insurance coverage will all affect how a case is evaluated.

Fractures and Broken Bones

If a fracture is severe enough, surgery may be performed to stabilize the bones and prevent further injury. Less severe fractures may be treated with traction to reduce the fracture and a cast, followed by regular x-rays to confirm proper healing. These are serious injuries that may have lifelong consequences, so it is worth considering legal help.

Herniated Discs, Fractured Vertebrae, and Paralysis

Car crashes are violent events that can cause severe spinal injuries with long lasting and permanent effects. These injuries may require spinal surgery, including a laminectomy, discectomy, fusion, or other procedures. If a doctor recommends spinal surgery, it is a serious situation that likely warrants legal help alongside medical treatment.

Shoulder Injuries, Strains, and Sprains

The force of a car accident can tear tendons and rip muscles throughout the body. Sometimes these injuries appear on an MRI, CT scan, or x-ray, and sometimes they do not. A normal test result does not necessarily mean you are not injured, which is why it is important to continue seeing your doctor if pain persists, even after normal test results.

Traumatic Brain Injuries

Even accidents involving a seemingly minor impact can cause serious head injuries if a victim strikes their head on the side window, steering wheel, roof, or windshield. Any head injury should be treated seriously and medically evaluated immediately to help prevent permanent brain damage.

Whiplash

Whiplash is perhaps the most common injury in rear-end accidents, and the pain often does not appear until hours or a day after the crash. Caused by the sharp back and forth movement of the head during impact, whiplash can cause severe pain in the neck, back, head, and shoulders and should not be taken lightly.

Steps to Take After Sustaining These Injuries

Seek medical care and attention right away, since failing to document your injuries can make it harder for an insurance company, judge, or jury to believe your injuries are real. If you are not feeling significantly better within about seven days after initial treatment, follow up with additional medical care, since waiting longer can hurt your credibility later. If your doctor tells you that you will heal with time but you are not improving, it is acceptable to seek a second opinion, though it is worth being cautious about which doctor you choose, since some providers have close ties to insurance companies.

Broken Bones and the Risk of Settling for Less Than You Deserve

When you suffer broken bones in a car accident, whether to the tibia, fibula, femur, collarbone, arm, leg, back, hand, or neck, the situation becomes overwhelming quickly, and the long-term effects can be serious. Most car accident victims with broken bones make costly mistakes simply because they do not know the rules that apply to their claim.

The Early Settlement Trap

A common insurance company tactic is offering money right after a crash, before you know how badly you are actually hurt. This is one of the most damaging traps a victim can fall into. It is best not to discuss settlement with the other driver's insurance company until you are out of the hospital and have completed treatment. If you accept an early offer and sign settlement documents, you can be stuck with that amount, and you could even end up owing money back to your health insurance company out of that settlement.

Understanding Subrogation and Health Insurance

This repayment requirement is called subrogation, and all health insurance policies include a provision requiring reimbursement. If your health insurance plan is not a self-funded ERISA plan, Iowa law can offer some protection, meaning that if you do not fully recover your costs from the at-fault driver, your health insurance cannot fully recover either. However, if your plan is a self-funded ERISA plan, which is common for larger employers, federal law applies instead, and settling your case without first reaching an agreement with your ERISA plan can put your entire settlement at risk. Working with an experienced attorney on these issues can help protect your recovery.

Avoid Letting the Wrong Insurance Bill Your Care

It is a mistake to have medical providers bill the at-fault driver's insurance company directly. That insurer may ask you to send your bills, but this does not mean they will be paid, and it is often a tactic to pressure you into a cheap settlement once collection calls begin. It is best to provide your health insurance information to medical providers so they bill your health insurance directly, since some providers will incorrectly claim they cannot bill health insurance after an auto accident in an attempt to be paid the full, uncontracted rate rather than the lower contracted rate. Since Iowa's minimum car insurance liability coverage is only $20,000, this distinction can be critical if the at-fault driver carries minimal coverage.

Medical Payments Coverage and UM/UIM Coverage

If you have medical payments coverage on your own car insurance policy, it is generally best to save it for copays and deductibles after your health insurance has paid your medical bills, even though some providers may push you to use it first. It is also worth understanding your uninsured motorist coverage, which compensates you if the other driver has no insurance at all, and your underinsured motorist coverage, which applies when your damages exceed what the at-fault driver's policy provides. There are legal requirements to bringing a claim under this coverage, including obtaining your own insurance company's approval before settling with the other driver, and failing to follow these procedures can result in losing this valuable coverage entirely.

Common Fracture Types and Treatment

A fibula fracture, often called a broken ankle, can occur when an object strikes the ankle or a foot slams against the floor of the vehicle during a crash, causing severe pain, bruising, swelling, and visible deformity. A tibia fracture, involving the larger shinbone, often results from high-energy collisions and frequently causes comminuted fractures, where the bone shatters into multiple pieces. Diagnosis typically requires a physical exam along with x-rays or CT scans to determine the type and location of the break.

Non-surgical treatment, including a cast or brace and several weeks of rest, may be appropriate for cleaner breaks with little displacement. More severe fractures, particularly open fractures where bone fragments break through the skin, often require surgery such as intramedullary nailing, plates and screws, or external fixation, and carry a higher risk of infection and additional surgical procedures. Serious complications from broken bones can include improper healing, infection, nerve or vein damage, and blood clots, and recovery after surgery often takes four months or more, frequently involving physical therapy and an inability to bear weight during that time.

Damages Available for Broken Bone Injuries

A car accident victim who has suffered broken bones may recover economic damages, including medical bills for emergency care, surgery, hospitalization, physical therapy, and equipment, lost wages during recovery, and future medical expenses if ongoing treatment is required. Non-economic damages may also be available, including pain and suffering, emotional trauma, and loss of quality of life. To recover these damages, a victim must prove the at-fault driver was negligent and that this negligence caused the crash and the resulting injuries. Iowa law generally requires that a claim be filed within two years of the accident.

Seeking Legal Assistance in Rockwell City

Seeking legal counsel from experienced Rockwell City 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.

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