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.

A Safe and Merry Holiday Season: Avoiding Defective Toys

Now that the holiday season is upon us, there are lots of reasons to buy gifts for your loved ones. As you’re purchasing toys for the little ones in your life, it’s important to make sure that you are keeping those in your care safe! Here at Ann Brown Legal, we work with parents when their children are injured. It’s important to think of the many ways children can be injured in the day-to-day, including when they’re having fun! As you’re buying for those that are close to you around this holiday season, be mindful of the gifts you choose.

According to the Consumer Product Safety Commission, over 225,000 children were injured in 2018 by their toys.  As you’re buying toys, there are a few things you can do to screen the products keep your children safe. One general guideline is checking the age appropriateness on the packaging. If you’re buying for especially young children, you should check to see if there are any small parts of the toy that might be swallowed. Check the labels for approval from the Consumer Product Safety Commission or the American Society for Testing and Materials, and check if the toy company has published any warnings. 

You can also be knowledgeable about past cases of recalled hazardous toys. Toys in the past and present have been recalled for a variety of reasons, though there are some common themes in the ways toys have caused significant injuries or death. One mistake made by companies is including toxic chemicals in the toys that are poisonous when ingested (like in the Aquadots toy case.) Buckyballs became famous for it’s hazardous magnets, as magnets can cause significant injury when swallowed. Other common themes are related to heat: for example, early Easy-Bake Ovens were recalled for getting too hot, and some iterations of the Hoverboard were recalled for bursting into flame. (If you want to know about toys which have recalled recently, you can click here for a list of recalled items for 2019.)

As with other personal injury cases, you must prove that the other party (the toy company, in this case) was at fault. If your child has been injured by a toy, it can be difficult to sue the manufacturing company for compensation, as you have to prove negligence. You must prove that the toy you purchased was either defective, improperly designed, or didn’t include sufficient instructions for use or to keep your child safe. 

If your child has been injured by a defective toy and you need a personal injury lawyer, please call us at (319) 826-2250 for a free initial consultation. 

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.

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.

It’s Motorcycle Safety Month - A Motorcycle Injury Attorney's Tips for Staying Safe

May is Motorcycle Safety Awareness Month. The weather in Iowa is finally getting warmer and bikers can get back on the road. As a motorcycle injury attorney, I have learned a lot about motorcycles and motorcyclists. The number one thing I have learned is that bikers are passionate about getting around on two wheels. Motorcyclists deserve to stay safe on the roads just as much as people travelling on four wheels, but unfortunately, that does not always happen. I have represented motorcycle riders with catastrophic injuries because while many riders love being on their bike more than anything, if they are hit their injuries can be severe. Motorcyclists are 28 times more likely to die from injuries in a crash than people who were travelling in a car during a crash. Here are some tips from NHTSA’s Get Up to Speed on Motorcycles Campaign:

1. Look carefully for motorcycles at intersections with obstructions like trees or hills;

2. Be careful checking your blind spots for motorcycles; and

3. Be aware that it is often safer for motorcycles to slow without using their brakes so do not follow too closely and rely on the back-brake light to know when a motorcycle is slowing.

If you or someone you love has been injured in a motorcycle crash, we are here to help. Please call us 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.

Injuries on Someone’s Property and Who is Liable

Accidents happen – including at a residential property or a place of business. Sometimes the personal injuries suffered as a result of these accidents can have lasting effects on the lives of those involved. And the expenses can add up quickly when you consider medical bills, time off of work, and other impacts to one’s quality of life. Personal injury claims provide just compensation for the injured when someone else is at fault for the dangerous condition that caused the injury.

Slip and Fall

One of the most common personal injury claims involves slip and fall accidents. These are cases where someone has fallen and been injured because of a dangerous condition at the property. It could be a broken stairway, improperly installed flooring, an uneven sidewalk, or ice or snow that has built up on a walkway. These types of hazards are especially dangerous for the elderly and physically disabled. There are specific laws that require that commercial property owners make their properties safe for the elderly and disabled.

Dog Bites

While dog bites are most common with children, they can happen to anyone. Dog bites and attacks can cause serious harm, both physically and emotionally, and can leave lasting scars. In Iowa, dog owners are strictly liable for injuries caused when their dog bites or attacks someone, as long as the injured person was not committing an unlawful act at the time of the attack. This is true regardless of whether the dog has previously bitten anyone.

Unsafe Environment

Any number of accidents or injuries could occur at a residential property where there are dangerous features or environments. In older homes, children could be exposed to a toxin, such as lead paint, and may have a claim against the property owner In other scenarios, improperly installed windows or screens, patios or porches with broken railings, or loose fixtures on ceilings can cause serious injuries. Owners are responsible to keep up with repairs to minimize another’s risk of injury.

When the Owner Is Liable

In general, a property owner can be held liable for personal injury claims if their negligence was a cause of the claim. It is a common misconception that property owners are responsible for all injuries that occur on their property. However, injured people can only successfully bring personal injury claims if the property owner somehow is to blame for the injury.  

If You’re Renting

Landlords who are renting their property to residents have a responsibility to maintain that home to a safe, livable standard. By neglecting to make structural updates or repairs, the landlord may be liable for injuries that occur while the occupant is living in the home. If your landlord is not taking steps to keep your home safe, consider speaking with us. We may be able to help you pursue legal action. Iowa has adopted the Uniform Residential Landlord Tenant Act, which provides renters with a number of rights.

Personal injury claims seek fair monetary compensation for damages incurred, in an effort to improve the life of the person injured. We support our personal injury clients through these complicated and difficult times to help them recover and return to their best quality of life.

If you need a lawyer to represent you in a personal injury claim, please call us for a free consultation at (319) 826-2250 or fill out our contact form.

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.

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.