Car Accident Lawyer Iowa
Our Des Moines, IA car accident attorney has years of experience reviewing and analyzing accident scenes and turning what seems like a hopeless cause into a winning case. If you have been injured in an accident, you understandably have questions and concerns. Common questions we are asked include:
- How are my medical bills going to be paid?
- Who is going to pay me for the missing work?
- Is my car going to be fixed…or is it totaled?
- Do I get paid for pain and suffering?
- Do I need a lawyer?
- What is my case worth?
- What if there is no car insurance available?
You likely have many other questions as well. Contact us for a no-cost and no-obligation consultation to get the answers you need.
Whether you have suffered a soft-tissue injury or a fracture or a brain injury or any other type of injury, our experienced personal injury attorneys are ready to help.
Common Legal Issues Following A Car Accident
In determining who is “at fault” for an accident, Iowa uses what is called Modified Comparative Negligence. What that means is, if you are in an accident and you are found to be twenty percent at fault, your settlement or verdict will be reduced by your percentage of fault (20%) and the other driver will be responsible for his percentage (80%).
For example, if you received a verdict of $100,000.00 and you were found to be 20% at fault, your verdict would be $80,000.00. There are a few other factors that impact the “net verdict” and the above example reflects fault percentages only.
This method of comparing fault holds true unless you are found to be more at fault for the accident than the other driver. If you are found to be even 50.0001 percent at fault, you will recover nothing.
It is due, in part, to the way Iowa courts view liability that makes hiring an experienced attorney so crucial. Often, the smallest detail or piece of evidence can make the difference between a successful case and a losing case.
Evidence To Gather After A Car Accident
Evidence is the key to successfully handling any type of case and car accidents are no exception. After attending to injuries, get the names and numbers of any and all witnesses. Witnesses to the crash itself are ideal but witnesses who saw the moments leading up to the crash or the first few minutes after can be invaluable.
Often, the police speak to witnesses but their names and numbers don’t make it into the police report so having your own notes is important. Don’t interfere with the police but be sure to let them know anything you believe is important. It is difficult to go back and change a police report so work to ensure it is complete the first time!
Take pictures of everything – your car, the other involved cars, witnesses, the roadway, skid marks, any obstructions, the other driver’s insurance card, and the like. If, in the confusion following an accident, you forgot to take pictures, you can go back at anytime and get pictures of evidence that may still exist such as debris and skid marks.
Even if you haven’t managed to gather any evidence, due to injury or some other cause, call us now so we can get to work gathering whatever evidence is still available.
Common Car Accidents In Iowa
These days, we are seeing more and more individuals being injured as a result of others’ distracted driving. Be it negligent drivers who are talking on the phone or texting – the “inTEXTicated” driver – these people are on our roads. One tragedy of these types of accidents is that they are usually completely avoidable. Our Des Moines car accident attorney has handled many of these “distracted driver” cases. Often, the at-fault drivers contend that they weren’t using their phones but, through the use of a subpoena, we are frequently able to obtain their phone records and prove that they were indeed using their devices. Evidence like that frequently results in a just outcome for our clients.
Another frequent type of accident we handle is the rear-end accident which typically occurs when one person is sitting stationary at a light or stop sign and another driver negligently slams into the rear of the stopped vehicle. People can be, and are, injured in these rear-end crashes and our personal injury lawyers are well-versed in the legalities surrounding them. While it is true that sometimes these types of cases can be straightforward, other times it becomes necessary to hire an accident reconstructionist to evaluate the impact, the property damage, the relative weights of the car and occupants, and more. Regardless of the complexity, our personal injury lawyers are able to guide you through it.
Other types of crashes that are all too common involve intersection accidents with one person turning and the other driving straight through the intersection. Many times, intersection crashes result in a classic t-bone accident which can be extremely serious.
As in every case, it is important to contact witnesses as soon as possible and begin developing your case. In addition to witnesses, traffic cameras and stop light sequencing reports are also frequently available if you act quickly.
A Des Moines car accident attorney residents trust has also successfully represented people who have been injured when another vehicle owner has failed to properly secure their load and the unsecured item causes injury to an innocent person.
As you can imagine, the list of different types of accidents is nearly endless and nearly all of them are the result of the negligence of one or more parties. This is true whether you were involved in a car accident on I-235 or while backing out of your driveway.
However, not every car accident is the fault of a driver but due instead to a faulty vehicle component. In such cases, an injured party may have a claim for “product liability”. On some occasions, a car may have been recalled due to one of these faulty components.
Car Accidents By Time Of Year
Interestingly, the time of year seems to have an impact on the types of crashes we see. Many people assume that winter is the busiest time of year for car accidents and that is only partially correct. While the sheer number of accidents we see does tend to increase, the severity of the accidents and, thus, the injuries, often are lower than those we see during other times of the year.
Experience shows us that, in the winter months, many drivers are operating their cars with a heightened awareness of hazards including snow, ice, and other cars. Thus, drivers are often more cautious and drive more slowly thus, oftentimes, minimizing injuries and property damage when a crash does occur.
Compare those slippery winter months with spring and summer when drivers are out enjoying the open road; windows down, radio up, and the wind blowing through their hair. In those situations, drivers often tend to be less aware of their surroundings and speeds tend to be greater thus leading to more serious injuries if and when a crash does occur.
The types of car accidents that one can find themselves involved in is as varied as the types of injuries that can be suffered. Injuries with which our law firm deals range from whiplash to death with everything in between.
Tips For Avoiding Car Accidents Infographic
Although it is inevitable that car accidents will happen, there are some things you can do to help minimize your risk. Many of the items on the above list are common sense suggestions but they bear repeating if it helps keep even one person safe. Personal injury car accidents are often due to driving while tired are tragic and entirely preventable. However, simple tiredness isn’t the only condition that leads to crashes. There are several other similar mental states that lead to accidents.
Velocitization is a condition that causes the driver of a car to misjudge their actual speed or to become dangerously drowsy. Velocitization is typically caused by long drives at higher speeds such as those encountered on highways across Iowa.
Highway hypnosis, which is also called “white line fever”, is a condition under which the driver of a car is able to drive and, seemingly, perform all the driving tasks that are required yet, later, the driver has no recollection of having engaged in those activities. It is believed that this condition is possibly due to “automaticity” which allows one’s conscious mind to focus on one thing while the unconscious mind focuses on another.
Des Moines Injury Law Car Accident Lawyer
699 Walnut Street, Des Moines, IA 50309
Car Accident Lawyer Google Review
“Brad Biren and his entire staff are great to work with. You can count on Brad to provide the utmost in professional services. He is a compassionate listener who will be honest and forthcoming with you so you know exactly what to expect from the process. If you are ever in the position of needing to seek out a personal injury lawyer, having someone with the integrity and moral character of Brad Biren on your team will make the process so much easier.” – Regus H.
Contact Our Des Moines Car Accident Attorney
After attending to injuries, contact us immediately to arrange a no-cost consultation and we will take all the time needed to review your evidence and the facts of your case to determine the best course of action.
Rest assured that our lawyers work hard to develop the evidence needed to prove just how a crash happened and we work just as hard to prove the full extent of your injuries and associated damages. Let us focus on the details so you can focus on your recovery.
Regardless of how your accident happened, the time of year was in Iowa, or the injury you sustained, contact us via email or call for a no-obligation consultation. We will take all the time needed to help you understand your rights and explain how we can help you get the compensation you deserve. We charge no fee unless you make a recovery.
Want to speak to a Des Moines car accident attorney you can trust with your case? Email us for a free consultation or call today.
How much is my case worth?
As a car accident attorney from Des Moines Injury Law may explain, the value of your personal injury case will vary depending on the circumstances of your accident, the extent of medical treatment needed to attend to your injuries, and the degree of pain and suffering you went through. If you were hurt in a car accident that wasn’t your fault, you may be owed compensation, and not only that, but more than you realized. After a consultation with our lawyers, we can let you know if you are entitled to restitution for lost income (present and future), medical expenses related to injuries, damage to property, and expenses associated with disability (medical supplies, equipment, child care, shuttle service).
Can I settle my claim without an attorney?
You do have the option of settling your car accident claim without assistance from a lawyer. However, something to keep in mind is that many people who became victims in an accident do not have inside knowledge into how insurance and the legal system works. All too often people accept a speedy settlement award offered by an insurance company, when in reality that amount is only a fraction of the total value of a claim. Insurance companies know they are doing this, and aim to take advantage of people even when they need help the most. But with a car accident attorney, you are protected from mistreatment like this.
What is the first thing I should do after a car accident?
Always call 911 after a car accident. If you don’t, then you won’t be able to receive medical attention in the moment you need it and a police officer won’t be there to write and file a report for the incident. Being able to get medical care right away and having a factual official report can be helpful for both your health and your claim. Gather as much evidence as possible while at the scene, such as photos and video footage of the area, the cars involved, vehicle damage, visible injuries, and anything else relevant at the time. Then you should get yourself to the doctor so that a proper treatment plan can be given to you based on the type and severity of your injuries.
If I don’t have symptoms is it okay to not see the doctor?
Some injuries can have delayed symptoms, so you may not know you are injured until hours afterwards or the next day. If you delay in getting medical treatment but realize you need it later on, it can hinder the value of your claim. You would be doing your recovery a disservice by not seeing a doctor, as your injuries can exacerbate in the time between the accident and when you sought medical care. Having medical documents that provide information about your injuries can be influential when pursuing repayment for examinations, copays, laboratory tests, diagnostics, medication, and other treatments.
Why doesn’t everyone hire a lawyer after a car accident?
Most people just don’t know that they have the option to get help from a lawyer. We aren’t taught in driving classes about how much a lawyer can be useful after a car accident. We are just told how to prevent car accidents and abide by driving laws. Unfortunately, because of the lack of education that isn’t provided to the general public, this means innocent people who were wrongfully injured aren’t provided what they need to get better. With all this being said, we advise contacting a member of Des Moines Injury Law so that a car accident attorney can get started helping you handle your claim.
“I 100% recommend Brad and his team. He personally took the time to go over the nuances of a personal injury claim to help my wife and I make a decision.”