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Des Moines Personal Injury Law Blog

How do you prove negligence in a car accident?

It is a known fact that whenever a driver gets behind the wheel of a vehicle they are at the risk of being involved in a car accident. In order to reduce these chances, most drivers in Iowa practice safe driving and follow the rules of the road. Despite these efforts to drive safe and avoid a collision, this does not guard the individual from a negligent driver. When an accident occurs and a victim is injured, they often seek to assign fault to another driver due to that driver's negligence or recklessness.

How do you prove negligence in an automobile collision? While the following is for informational purposes only, in order to establish that another driver was careless and caused the accident, one is required to prove four elements to make a negligence claim.

Diagnosing and treating whiplash after a car accident

When individuals in Iowa are involved in a car accident, they have many concerns. While it is obvious that the collision could have resulted in damages to the vehicles, there are more concerning issues such as the health of an accident victim. Whether it was a major collision or a minor collision, a driver or a passenger could suffer injuries. Even in cases when a victim does not immediately note a major medical problem, it is important to rule out a minor or major medical issue that could present itself later on.

While it is considered a minor injury, whiplash is frequently occurring injury in car accidents. While this neck injury is categorized as minor, failing to diagnose it and treat it in a timely manner could lead to prolonged issues. Moreover, it could lead to temporary and even partial disabilities.

Snowdrift may have played a role in 2-car Iowa crash

When drivers are traveling on the road, it is expected that they will uphold their duty of care while behind the wheel. That does not only mean traveling at a safe speed and remaining attentive, but it also requires that a driver stops safely, yields to other drivers, bicyclists and pedestrians, signals turns and looks for oncoming traffic before making a maneuver. Failure to comply with these requirements could result in a serious accident, injuring those involved.

Authorities in Iowa recently responded to two-vehicle car collision that occurred in Sioux Center, Iowa, around 5:30 p.m. According to preliminary reports, a driver of a pickup truck was stopped and supposedly looked both ways before entering the road in order to proceed westbound. When the driver made this maneuver, they did not see an oncoming vehicle.

Can you still collect damages if you are partially at fault?

When Iowa residents are involved in a car accident, they often seek to understand the cause of the collision. In addition, discovering the cause of the accident will help authorities better establish fault and liability. In cases of multi-vehicle collisions, it is possible that more than one driver is at fault. In these matters, comparative fault is used.

If comparative fault is determined to be an issue, can an accident victim still collect damages for the injuries and losses they suffered in the accident? According to section 668.3 of the Iowa Code, if comparative fault is discovered this will not bar an accident victim from recovering damages. But in order to collect a monetary award for damages caused by the accident, the accident victim must not have contributed a greater amount of fault than others found liable for the crash.

Seeking damages for the wrongful death of a loved one in Iowa

Many thoughts go through the minds of family members when a loved one dies. While death is an inevitable event, it is an emotional time no matter the cause or circumstances. It is especially difficult for friends and family members to process the tragic event when the life of a loved one is suddenly taken away in a fatal accident. This not only creates emotional grief but could also lead to damages and other losses.

When a loved one is killed in an accident caused by another, family members may be able to file a wrongful death claim. Iowa Code 633.336 outlines the damages for wrongful death. If it is determined that a wrongful act produced the death of a person, damages could be dispersed according to the type of damage or loss it is.

Taking action after the death of a loved one in a fatal accident

Death is often noted as a difficult life event that is hard to cope with. Whether it is a friend or a family member, a person's sudden and tragic death can be difficult to move on from. This is especially true if a loved one was killed in a fatal accident.

Our law firm understands that the loss of a loved one in an accident is an emotional and life-altering event that makes it challenging for Iowa residents to navigate the legal remedies available to them. Our attorneys are dedicated to working with loved ones of the deceased to better understand their rights and help through the process of a civil action.

Des Moines woman injured in hit-and-run crash

When an accident occurs, those involved are often greatly impacted. Dealing with the event and the injuries and damages it caused could create a complex situation for everyone involved. In some cases, an automobile collision could cause panic and stress, leading to some drivers fleeing the scene. When a hit-and-run crash occurs, those injured by a fleeing driver should understand their rights and options.

Iowa authorities were recently dispatched to a hit-and-run accident in Des Moines. According to preliminary reports, a 49-year-old was injured in an intersection accident. Immediately following the collision, the driver fled the scene.

Iowa motorcycle statistics in the winter months

Motorcycles aren't often seen on Iowa roads during the winter months. The cold and inclement weather make riding a motorcycle unpleasant and often dangerous. However, people who love to ride motorcycles probably can't wait for the springtime. Until that comes, it may be a good time to discuss motorcycle safety and the related legal issues.

According to statistics from the Iowa Department of Transportation, there were no reported motorcycle crashes or fatalities in January or February in 2014 and 2013. The numbers started to pick up as temperatures rose and reached peaks in August during both those years. The tally at the end of 2013 was 41 fatalities in 38 motorcycle crashes. The tally for 2014 was 42 fatalities in 42 crashes.

Calculating pain and suffering in a personal injury claim

When drivers and passengers in Iowa are injured in a car accident, they often consider filing a civil action against the liable party. When filing a personal injury claim, it is required that the victim is in fact injured. When determining the damages the injured party should recover, the cost of medical treatment and future medical costs are often considered; however, victims should note that they might be entitled to compensation for pain and suffering.

Pain and suffering is considered the stress a victim experiences from the injuries they suffered in the accident. This often includes physical pain as well as emotional and psychological trauma such as insomnia, fear, depression and anxiety.

Des Moines man dies in rear-end crash

When an accident claims the life of a loved one, the event is both shocking and life-changing. The loss of a loved one suddenly due to a tragic car accident can leave a family asking numerous questions. Why did this happen? How did this happen? Could it have been prevented? Those are similar questions that investigators ask while sifting through the evidence to determine the cause. Following a fatal accident, it often takes time to determine cause, which can make an already difficult situation even more so for family members.

A Des Moines family recently lost a family member in a two-vehicle crash that occurred in Indianola. According to initial reports, police stated that a Jeep rear-ended a Chevy Cavalier around 6:40 p.m. at the intersection of Willowcrest Avenue and North Jefferson Way.