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.

Helpful advice if you have been in a car or motorcycle accident

If you have been injured in a car or motorcycle accident, you likely have been or will be contacted by an insurance company and may feel overwhelmed or intimidated by the process of dealing with the insurance company. Here are a few pieces of simple advice that may be helpful. 

Advice for Iowa Car Accident Victims 

1. Hiring a lawyer. Not everyone who is injured in a car accident will benefit from having a lawyer (and that is coming from a lawyer!). If you sustained injuries that required little treatment and you have fully recovered, you may be better off resolving your case directly with the insurance company without getting a lawyer. However, if you have sustained injuries requiring substantial treatment or you have not recovered from your injuries, you may benefit from having a lawyer. If you are not sure if you would benefit from a lawyer, I am happy to talk to you about it. My job is to help people who have been injured, and so I always try to give an honest opinion about whether hiring a lawyer (almost always on a contingent fee) will likely increase the amount that you are able to recover for your injuries. 
2. Talking to the insurance company. If you are considering hiring a lawyer, you should talk to that lawyer before giving a statement to the insurance company or signing a patients' waiver. Insurance companies want to save money and sometimes that means trying to shift the blame for an accident or minimizing your injuries and damages. Oftentimes you are simply better off not talking with the insurance company. If you have already spoken with the insurance company, do not fret, an attorney can still help you. 
3. Document your injuries and damages. You should take photos of your injuries and of any damage to your car. You should also save any medical or other bills that you have.
4. Getting Medical Care. You may be confused about what insurance company should be paying for your medical treatment. This often depends on your situation and you should always ask your lawyer who should be paying your medical bills. This is another topic I am always happy to discuss with people when they contact me. 
5. Know the time limit for bringing a claim. In Iowa, the statute of limitations for most personal injury claims is two years from the date of injury, with some exception. You should know the statute of limitations applicable to your claim because if you try to bring your claim too late, you may not be able to do so. 

If you have questions about whether you should hire a lawyer, please contact our office at (319) 826-2250. We offer a free consultation, and I always provide helpful, honest advice to injured Iowans. 

This website is designed to provide general information and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.