What Iowa's New Trucking Accident Law Means for Injured Iowans.

Semi-truck crash

There are approximately 2,200 Iowa accidents involving semi-trucks and 32% of trucking accidents result in an injury. It is far more frequent for a driver in another vehicle to be injured in an Iowa truck accident than it is for the driver of the semi. (Data found here). Iowa trucking accidents often cause serious injuries or deaths.

In Iowa, someone who is injured in a trucking accident that is not their fault can file a lawsuit against the negligent driver. The family members of someone killed in a trucking accident can also file a lawsuit. But in 2023, the Iowa Legislature changed the law that applies to Iowa trucking accidents. Iowa was the first state in the nation to place a cap on damages that can be awarded when a negligent truck driver causes a crash. Senate File 228 limits non-economic damages at $5 million. Non-economic damages include damages for pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering and loss of consortium. It does not include damages for medical bills, lost wages or decreased value to the Estate.

There are exceptions to this damage cap. The limit does not apply if the negligent driver was under the influence of drugs or alcohol at the time of the crash, did not have a commercial driver’s license, was illegally using a cell phone or other electronic device, was speeding more than 15 mph over the speed limit or was illegally transporting drugs, alcohol or people.

Also, the new law limits when an injured person or their family can sue the employer of the driver for negligent hiring or supervision.

If you have lost a loved one as a result of an Iowa truck accident or you, yourself, have been injured in an Iowa truck accident, you should consult with an Iowa personal injury attorney to discuss your rights, including this new law. Ann Brown Legal has experience representing Iowa trucking accident victims and we would be happy to speak to you about your potential case. Please call (319) 826-2250.

Crash with UBER or Lyft Driver? What happens if you are in an accident with a driver using one of the popular rideshare apps? Should you contact a personal injury law firm?

Since 2009, when Uber launched in San Francisco, ride share apps have become extremely popular and are available to take people from Point A to Point B almost everywhere in the world. Uber and Lyft are the two largest ride sharing apps in the world. In 2017, Uber had over 7 million drivers.

No doubt the ride sharing apps have provided a much-needed convenience, but what has their impact been on safety on the roads? On the one hand, Uber and Lyft provide a safe way home for people after a night of drinking, and there is some evidence that these ride share apps have reduced drunk driving. But there is also evidence that links the increased popularity of ride share services to an increase in fatal car crashes. This evidence largely concludes that the increase in cars on the road as a result of Uber and Lyft has increased the number of traffic related deaths.

A more relevant question for many users of these ride share apps is what happens if they get injured in a crash while riding with an Uber or Lyft driver? Or similarly, what happens if they are travelling in another car and are hit by an Uber or Lyft driver? The answer is that these crashes are the same as any other crash as far as determining who is at fault and responsible, but the insurance company that pays the claim may be different.

In any car accident, the person who causes the accident or is to blame is responsible for any injury suffered by other parties. In some states, like Iowa, the owner of the vehicle may also be responsible, and if the driver was working at the time of the crash the driver’s employer may also be responsible. But Uber and Lyft don’t own the vehicles used for the service and they have repeatedly argued that the drivers are not their employees and so it is probably difficult to sue Uber or Lyft for an accident caused by one of their drivers. But that also likely doesn’t matter.

In almost all car accidents, the insurance company for the negligent driver pays any damages caused by the driver. Uber requires all of their drivers to carry car insurance. The driver’s personal auto insurance applies when the driver does not have their app on and is not taking riders. If an Uber driver has the app on and is simply available to drive or waiting for a driver, Uber provides insurance to that driver for injuries in the amount of $50,000 per person or a total of $100,000 per accident. If an Uber driver is traveling to pick up a passenger or has a passenger in the car, Uber provides $1,000,000 in liability insurance.

If you have been injured in an accident involving an Uber or Lyft driver, there are a few things you may want to do:

1. Get a copy of the police report;

2. Get any medical care that you need;

3. Make sure you have the contact information for all of the drivers involved; and

4. Decide if you want to speak with a car accident injury attorney.

Personal injury claims involving Uber or Lyft drivers can present somewhat complicated insurance coverage questions. It may be beneficial to speak with a car accident injury attorney before deciding how best to pursue your claim for injuries.

If you have questions about an Iowa car accident, please call our office at (319) 826-2250.

Accidents and Brain Injuries - When to Call a Personal Injury Law Firm

According the CDC, traumatic brain injury is a major cause of death and disability in the United States, but often can be the last injury diagnosed when someone has been in an accident because of other, more obvious physical injuries.

But the statistics about brain injuries are staggering:

1. There are nearly 3 million hospital visits and deaths in the US each year;

2. Nearly 330,000 children are treated for brain injuries each year; and

3. Car accidents are the third leading cause of brain injuries in the US.

Because car accidents are a major cause of brain injuries, in fact car accidents are the leading cause of brain injury in people age 15-44, many people who have suffered a brain injury have a personal injury claim. Oftentimes, a brain injury is not immediately obvious, and a brain injury can occur from a sudden jolt to the head or body even if you didn’t strike your head. The Mayo Clinic lists physical symptoms as including headaches, dizziness, sleep problems and difficulty with speech. Mental symptoms include memory and concentration problems, changes in mood and feeling depressed or anxious.

As a personal injury law firm, we have represented numerous victims of head injury, and their families often describe them as completely changed people.

Personal injury claims for persons with a brain injury require different types of evidence than claims where the injury is easy to see on an x-ray. It’s often necessary to obtain expert opinions from multiple physicians and psychiatrists specializing in brain injury. Equally important are getting as many witnesses as possible who have observed changes in the person because of the brain injury.

Oftentimes, insurance companies do not place a high enough value on what has been taken from someone who has suffered a brain injury. An experienced personal injury law firm can help gather the necessary evidence to help a jury understand just how devastating this injury is.

If you or someone you love has suffered a brain injury through the fault of another and you would like more information about your options, please call our office at (319) 826-2250.

The above information is meant to be helpful but does not replace advice you may receive from an attorney you have an attorney-client relationship with.

3 Ways a Motorcycle Injury Attorney Can Help if You Have Been Injured Riding Your Motorcycle

It is summertime in Iowa and that means a lot more motorcyclists on the rode enjoying one of America’s growing past times – motorcycle riding. According to the Bureau of Transportation Statistics, the number of households owning a motorcycle has been steadily increasing over the last 10 years. 

Additionally, more older Iowans are riding motorcycles and, as a result, there has been an increased focus on safety among motorcycle riders. This has included motorcycle training courses and the Share the Road movement, which is “intended to reduce accidents between drivers and motorcyclist by seeing, respecting and understanding a motorcyclist’s needs and rights on the highway.”

Despite the increased focus on safety, unfortunately, motorcyclists are still at a higher risk for injuries and fatalities from an accident than other drivers. If you have been injured in a motorcycle crash or have lost a loved one in a motorcycle crash, there can be a lot of complicated legal issues and a motorcycle injury attorney may be able to help you so that you can focus only on healing and recovering from a crash. Here are three things that a motorcycle injury attorney may be able to help you with:

1. Determining the Insurance Available to Compensate You: When you have been injured because of the negligence of another it can be overwhelming to determine which insurance company should be paying your medical bills and should compensate you for your injuries. This can be complicated in motorcycle injury cases because many motorcycle insurance policies do not include uninsured/underinsured motorist coverage or medical payments coverage; however, Iowa has specific laws about this type of coverage. This can mean that it is important to determine the type of insurance that the negligent driver has and also to review your own insurance policy to determine what kind of coverage you have and if you may have additional coverage available because of Iowa’s insurance laws. In addition to these considerations, you also need to determine if your health insurance carrier should be paying your medical bills for treatment as you receive it and if they will be entitled to be paid back if you recover from the other driver. These issues are complicated but are very important to make sure that you recover as much as possible to help you with everything that you have to deal with when you have been unexpectedly injured. A motorcycle injury attorney can help you sort through these issues.

2. Proving Who Caused the Crash: Motorcycle crashes can raise additional issues about who is at fault for a crash. Oftentimes the other driver will claim that they didn’t see the motorcycle and may assume that the motorcyclist did something wrong to cause the crash. It is important to get copies of the police investigative file and talk with all witnesses in order to prove who was at fault for the crash. It may also be necessary to hire an accident reconstructionist if it is not clear how the crash occurred. If the other driver caused the crash, a motorcycle injury attorney can help prove that and therefore help protect your rights.

3. Overcoming Jury Biases: People can feel very strongly about motorcycles and motorcyclists. Some people feel motorcycles are inherently dangerous. Other people believe motorcyclists are dangerous drivers. But motorcyclists have the same rights as all drivers on the road and when they are injured, they have the same right to recover. If it becomes necessary to try your case in front of a jury (meaning it does not settle) a motorcycle injury attorney can try to help the jury understand motorcyclists’ rights.

If you have been injured in a motorcycle accident or if you have lost a loved one in a motorcycle accident, please call us at (319) 826-2250, or fill out our contact form,  to discuss what you are going through and determine if we can help.

What To Do If Your Child Is Injured In A Car Accident

Car accidents are among some of the most common child injury cases we see in our office – especially with older or teenage children. If your child has been injured in a car accident, you are likely juggling a lot and may require the assistance of a lawyer. Here are a few steps to keep in mind to arrive at the best outcome after a traumatic car accident.

1)   Actively Pursue Medical Treatment

First and foremost, take your child for whatever medical treatment is recommended, as soon as possible, including emergency room visits, follow-up appointments, therapies and rehabilitations, and more. The first priority must always be your child’s well-being and as a parent you know when your child is not back to normal and needs to continue with medical treatment.  It can be confusing trying to figure out which insurance should be paying your child’s medical bills, but a personal injury lawyer can discuss this with you and sort through how to submit the medical bills for payment.

2)   Decide Whether You Need a Lawyer

Acting on behalf of children can be more complicated than when only adults are involved. A court has to approve any settlement of a child’s claim that is more than $25,000. If your child’s car accident injury is significant, rather than a minor mishap, it may be best to hire a lawyer who can help with the issues that arise in pursuing and settling a child’s personal injury case.  It can be overwhelming caring for an injured child and making sure that the child receives the full value of their claim and a personal injury attorney can help.

3)   Keep Track of Damages

If you find that you need to work with a lawyer, you can rest assured that most of the necessary documentation can be taken care of by the legal team. However, you may want to make the process easier by keeping track of any losses or damages your child experiences. For children, these may include days absent from school, as well as medical bills. Keep a folder of bills, receipts, letters, and other documents you receive to share with the lawyer if you choose to hire one.

4)   Let the Lawyer Do the Talking

In speaking with an insurance adjuster, they may ask you or your child to make a statement to settle the claim. Rarely should you let your child give a statement to the insurance company, and if at all possible, avoid giving one yourself. In many cases involving significant injury with large claim settlements, it’s best if your lawyer speaks with the insurance company.

If you find that you need a lawyer after your child is injured in a car accident, we are here to help. We can walk you through the process and be your advocate with the insurance company and in court. For a free consultation, fill out our contact form or give us a call at (319) 826-2250.

Trucking Accidents: 5 Things You Should Know if You Have Been Injured in a Car Accident with Semi-Tractor Trailer

The number of semi trucks on the road has been steadily increasing and along with it, an increase in the number of fatal crashes and crashes causing injuries involving semi trucks. According to the Federal Motor Carrier Safety Administration, in 2016, 4,213 large trucks were involved in fatal crashes and 55,633 large trucks were involved in crashes causing personal injury.

This problem is exacerbated because truck drivers are encouraged to drive more and sleep less and truck owners often do not keep trucks in safe, working order. If you or a loved one have been injured in a car accident caused by the driver of a semi truck, there are some things that you should know:

1. There may be multiple people or companies responsible: Semi truck accidents are often complicated because there may be multiple insurance companies and corporations that could be responsible for compensating you for your injuries. Determining who is responsible requires looking at who was driving the truck, who owned the truck and who the truck driver was hauling for. Most of these companies have insurance. There are complicated rules regarding how damages should be assessed against multiple responsible parties and their insurance companies. Before signing a release with any party, it is a good idea to speak with a lawyer so that you know the effect of releasing that party and whether you may also be releasing other responsible parties.

2. There is usually more evidence available in a case involving a semi, but you need to get it early: Most semi truck drivers have to maintain log books that could contain crucial information to your case. Oftentimes there is crucial information found in the employment files of the truck driver or the maintenance records for the truck involved. Additionally, trucking companies often conduct their own accident investigation immediately after a crash and may have gathered important data. All of this evidence can help prove your case, but you need to obtain it as soon as possible and before it is destroyed. It can be difficult to obtain the evidence without representation, but a car accident injury attorney should be able to help you get the evidence you need.

3. Semi trucks and their drivers have more rules to follow than other drivers: The federal government regulates the trucking industry. This includes regulations about the weight and mechanical condition of the truck, the training required to operate a truck and the number of hours a truck driver can operate a truck without taking a break. While most truck drivers abide by these rules and are cautious, some truck drivers and trucking companies do not follow the rules and their breaking of the rules may be very important to your case.

4. Semi trucks are more dangerous than other vehicles:  Semi trucks are more dangerous than other vehicles because of their size and the difficulty operating the truck. These trucks have large blind spots due to their size and shape. The trucks also take longer to stop than a regular vehicle and can be difficult to maneuver around sharp turns.

5. Multiple investigators will likely contact you: If you or a loved one were injured in a truck accident or you lost a loved one in a truck accident, you should expect that multiple people will contact you about the accident. This includes the officers investigating the crash as well as investigators hired by the trucking company or an insurance company. You should be very cautious about providing information to an investigator hired by a trucking company or even hired by your own automobile insurance company. It is very likely that the investigator is focused on obtaining evidence that will help the trucking company prove that they were not at fault for the crash or information that they believe will help them to show you were not seriously injured.

If you or a loved one were injured in a trucking accident, it would be helpful to speak with an attorney about your options. Trucking cases are complicated and raise a number of factual and legal issues that should be dealt with by an experienced car accident injury attorney. If you would like to speak with someone at Ann Brown Legal about a trucking accident, please call (319) 826-2250.  

Sobering Facts - What you need to know about drunk driving and Iowa's dram shop law.

Between 2003 and 2012, 968 fatal accidents in Iowa involved a drunk driver. Around 30 % of fatal crashes are alcohol-related.  In addition to fatalities, numerous people are injured by drunk drivers throughout Iowa. The Des Moines Register recently published an article highlighting the following shocking statistics:

1. Since 2005, 222 people have been charged with vehicular homicide as a result of driving drunk;
2. At least 13 of those drivers were caught driving drunk after being convicted of vehicular homicide;
3. Since 2005, more than 11,300 people have been arrested for driving drunk three or more times.

These numbers are consistent with what I have seen in my practice. In nearly every case where I have represented a person injured by a drunk driver or the family of a person killed by a drunk driver, it has not been the first time the person was arrested for drunk driving. 

Unfortunately, often a driver with a prior drunk driving history does not have sufficient insurance limits to fully compensate the persons they have harmed (or does not carry any insurance). This leaves injured persons to recover for their own insurance through uninsured or underinsured motorist coverage or, in some cases, to pursue a dram shop claim. 

In Iowa, the law prohibits bars or other establishments that hold a liquor license from over-serving patrons. A bar that serves a patron to the point of intoxication or when they reasonably should know the patron is already intoxicated can be held responsible if that patron later harms someone while drunk. The law also requires that in order to obtain a liquor license, a bar or other establishment must provide proof of dram shop insurance. 

Dram shop cases can be complicated, often because the drunk driver refused to submit to a breathalyzer. They often involve obtaining the investigative files from police, speaking with investigating officers and hiring a toxicologist to determine if the drunk driver was likely served to the point of intoxication at the defendant bar. 

One important thing to remember about dram shop cases is that persons injured by a drunk driver must send a notice of a potential dram shop claim to the bar within six months of the date of injury unless they can show good cause for not doing so. Dram shop claims are often pursued in addition to a claim against the drunk driver who caused the injury. 

If you have been injured by a drunk driver, you should speak with an attorney about a potential dram shop claim as soon as possible. If you would like to speak with me about your claim, please call me at (319) 826-2250. 

Wrongful Death—Grieving a Loss that Never Should Have Been

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Life is meant to be lived in the company of our families. The moments we spend with our parents, our children, our husbands or wives—those are the moments that make up a life well-lived. There is no greater heartbreak than the death of a loved one. It can be even harder when a death is unexpected and caused by carelessness. Words left unspoken. Plans broken. Dreams unrealized. 

During these tragic times, it seems unfair that there is often so much added responsibility to the families who have lost when grieving is already too much to bear.  We have been with families through these tough times and have found ourselves questioning how we could best help these families when at times it seems that any help we can give is not enough.   

Sheryl Sandberg, the COO of Facebook, who unexpectedly lost her husband, has recently written a much-needed book addressing many of the things that are left unsaid about tragedy and grieving. The book is called Option B: Facing Adversity, Building Resilience, and Finding Joy. Sandberg not only gives advice for those who are grieving but for those who care about someone who is grieving. There are two pieces of advice that she gives that spoke to me: 1) don't ignore the tragedy because you don't know what to say; and 2) actually do something to help, no matter how small,  instead of simply offering to do anything.

One way that we strive to help our clients is through pursuing wrongful death claims, which can be complicated and overwhelming. We help our clients in a number of ways, including:

1. Protecting them from unwanted communication from an insurance company;
2. Helping them to determine potential claims and how to pursue them;
3. Helping them to navigate opening an Estate; and 
4. Finding available community resources. 

Our goal with every client dealing with an unexpected death is to provide them with reliable counsel and advocacy so that pursuing a wrongful death claim does not become overly burdensome in an already difficult time.