Friday, October 9, 2009

Apportionment of Fault When Injuries Are Enhanced Due To Defective Products

What happens when a victim of a car accident suffers a more serious injury because the airbag did not deploy or the vehicle was otherwise defective? That is the question that the Iowa Supreme Court was asked to decide in the case of Jahn v. Hyundai Motor Company, decided this morning. While the path by which the Iowa Supreme Court answered the question is full of complex legal analysis and considerations, the answer is quite simple. If the enhanced injury can sufficiently be separated and attributed to each particular defendant (if it is "divisible") than the manufacturer of the vehicle is only liable for the amount of damages resulting from the enhanced injury proximately caused by the vehicle defect. If the enhanced injury is not divisible but the plaintiff can establish that an enhanced injury did indeed occur due to a design defect, it is for the jury to apportion fault between the applicable defendants. If one defendant is determined to be more than 50% at fault than that defendant will be considered jointly and severally liable for the full extent of the damages. The true meaning of this case is best described by way of an example. Assume that a plaintiff is injured through no fault of his own, in a motor vehicle accident wherein the air bag did not deploy. The plaintiff sues both the defendant driver and the manufacturer of the vehicle he was driving. The accident is such that had the airbags been functioning properly they would have deployed and the plaintiff would not have been as severely injured. It cannot be particularly established how much more damage was caused by failure of the airbag to deploy but it is proven that the plaintiff suffered a more severe injury as a result. The entire issue of liability and damages goes to the jury and it is the jury's duty to apportion the percentage of fault attributable to each particular defendant. In these situations each defendant will be responsible and liable to pay for the percentage of damages attributed to that particular defendant. However, if one defendant is found to be more than 50% at fault, they can be held responsible for the full amount of damages in the event that the other defendant has already settled or is unable to pay their share. This is most important in serious injury accidents where one defendant has settled already and the case proceeds to trial against the one single defendant. If, for example, the plaintiff settles with the at fault defendant who was driving the other vehicle, say for the insurance policy limits of $100,000, but the total amount of damages are determined to be $1 Million dollars, if the manufacturer of the defective vehicle is determined to be more than 50% at fault, they will be responsible for the remaining $900,000.00. If they were less than 50% at fault they would simply have to pay their percentage of the damages. This ruling is sensible and follows the majority of most other States and adopts the Restatement 2nd of Torts position on this issue. It ensures that plaintiffs will be fully compensated and fault will be fairly attributed to each potential responsible party.
Posted by G R L Law at 11:44 AM 0 comments
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Tuesday, June 23, 2009

Compensation for Injuries to Pregnant Women and unborn children in Auto accidents

Recently as you may have heard about in the news, a Des Moines woman who was pregnant was injured when her minivan was struck and flipped onto its top just off of Southeast 14th. Luckily, her injuries turned out to be relatively minor and her unborn child was not, as of the last report, seriously affected. However, this incident serves as an opportunity to discuss the unique scenario that is presented when a pregnant woman suffers injuries as a result of an automobile accident.

To begin with, an Iowan who is injured by the negligence of another driver in Iowa is entitled to compensation for all injuries that are directly caused by that driver's negligence. An Iowan who commits a negligent act must reap the consequences regardless of the condition of the victim prior to the collision. In other words, generally speaking, merely because a certain person may be more prone to suffering injuries does not alleviate the responsibility of the person who caused those injuries. Accordingly, if a mother was injured and her pregnancy was directly affected as a result of an automobile or truck accident, that mother can recover for all medical bills and other damages incurred that can be directly related to the accident. The negligent driver cannot say "well its not my fault she was pregnant." To the contrary, its not the pregnant woman's fault that you were negligent!

However, the analysis does not end there. It is the case that a wrongful death action is generally not allowed in Iowa for the death of an unborn child or fetus. However, certain additional damages may be available to parents of an unborn child that is injured or killed in an automobile, motorcycle, or truck accident. Damages for the effects on a parent's relationship with a child injured or killed in the womb ARE in fact recoverable by the parents in Iowa generally, depending on the circumstances of the case. So regardless of what the claim is called, if you or a loved one has an unborn child injured in a car accident, you are likely going to be entitled to additional recovery. This is the perfect example of the necessity of consulting with an attorney that has experience litigating car accident cases. It is imperative that the attorney recognize all potential claims arising from any given accident as well as every potential claimant.

See also: Who can recover for losses; What can be recovered; What if you are partially to blame; Wrongful death accidents; Child Injury In Accident

This post is not meant to be an exhaustive review of every potential type of recovery available to a pregnant woman. If you or a friend or family member is pregnant and have been injured or had your pregnancy affected in a car wreck, please contact an experienced automobile accident attorney such as those at GRLLaw.

Posted by G R L Law at 5:21 PM 1 comments

Wednesday, June 10, 2009

Tis the season...

...to get on your bikes and ride!

It is that time of year where the weather is turning nice and Iowa motorcyclists are hitting the streets . With that in mind IowaCarAccident.com is reminding Iowa riders of some tips to ensure the safe enjoyment of their bikes all season.

To begin with, make sure that you motorcycle is in proper working order prior to taking it our, especially if its the first time before you ride for the season. Wheels and tires are one of the most important checks you can complete on a bike. As the old adage goes, lose the tire, lose the bike. Accordingly, ensure that the tires are properly inflated. Also, make sure that the tread depth and wear are appropriate and the tires do not need to be replaced. With respect to the wheels, make sure there are no cracks, dents, or missing or broken spokes or mags. Its also important to make sure that all levers, pedals, hoses and cables are properly attached with no leaking or obvious defect. Ensure that your horn is intact and working well. The head lamp must be in working order as well. when looking at your headlamp, be sure to check the bright and dim functions as well as the angle. Also, don't forget about your taillight and brake lights. You will want to ensure that all mirrors and turning signals are a good and working order.

Lastly, check all fluid levels and the oil to ensure proper condition and levels. Remember, these are just some highlights and make sure to refer to your owners manual for a complete list of checks to be performed, especially at the start of the season.

Now that your bike is ready to go, make sure that you are.

Proper dress not only adds to your comfort but, in the event of an accident, can be the difference between life and death. Accordingly, make sure to wear a quality helmet and eye protection. Wear long leather or other think protective clothing, in bright easily seen colors if possible. Also, wear boots and leather gloves. Remember, the only thing between you and the road is the bike and your protective gear. Once you're ready to get out, use proper strategies to protect yourself against inattentive or bad drivers.

First and foremost, ensure other divers are aware of you. You should always comply with state laws, but many bikers will swear that loud pipes save lives! As long as its legal, it can't hurt. Never drive in a car or trucks blind spot. Some people don't even see cars in their blind spots much less vehicles. Don't be afraid to use your horn if you have to. Lastly, if a car is following too closely for the conditions, flash your brakes well before slowing or stopping.

Lastly, ride as if you are invisible. Because to some drivers you are. Give more space and distance than you would in your car in similar conditions. Be more aware of motorists exiting and entering the roadway and always give your self plenty of time to stop or maneuver evasively should a driver not see you.

Remember, no matter whose fault it is, in an accident, the motorcyclist always loses. Be prepared, ride safe, and have a great summer on the road!

Posted by G R L Law at 9:39 AM 0 comments

Wednesday, December 3, 2008

Oh the weather outside is frightful!

Oh, the weather outside is frightful….

It’s that time of year again. Even though the calendar doesn’t say that its winter yet, the weather certainly does. And with the increase in bad weather comes the yearly increase in car accidents. Given that it is that time of year again, we at Iowa Car Accident.com felt that it is a good time of year to for some winter driving tips and tactics.

First, make sure you car is prepared for winter driving. To ensure that your car is in its best condition to handle the conditions, make sure of the following:

  1. Your tires are in good shape- For those cars without four wheel drive and especially those with rear wheel drive, it is advisable to have winter tires. It is amazing the difference in handling those tires can have on snow and ice. At a bare minimum, ensure that your tires have plenty of tread left and are appropriately inflated per the manual
  2. Ensure your wiper blades are in good condition and working properly. They are the most important device when ensuring your visibility on the road.
  3. Your antifreeze, wiper fluid, and other levels- Make sure that you have clean and sufficient amounts of fluid levels including antifreeze, wiper fluid, oil and gas at all times
  4. Brakes- ensuring that your brakes pads, rotors, brake fluid and parking brake are all up to snuff is very important given that stopping on snow and ice is one of the most important capabilities that will help you avoid car accidents this winter.
  5. Battery and distributor- Making sure your car starts in the first place is an often over-looked safety matter. Nothing is worse than getting to your car in the dark, cold, snow and ice and having it not start.
  6. Other systems and checks- Having a general inspection done of your vehicle is advisable as well. Making sure that all wiring, hoses, belts, valves, filters and other systems and components are in good working conditions will also ensure that your car is in the best shape for winter driving.

Second, make sure you have the necessary supplies and equipment in case a problem does occur.

  1. A spare tire with the correct air pressure is a must. Also make sure you have a jack, wrench and other necessary equipment for changing a tire.
  2. Mobile or car phone- In years past a car phone or cell phone was a luxury few of us could afford. It has now become a safety necessity. Even if you don’t carry a car or mobile phone, very cheap phones are available with very cheap plans that can be activated only during the winter are available solely for emergency use. Don’t get stranded on a desolate stretch of road in a blizzard without one.
  3. Ice scraper- you always need an ice scraper!
  4. Jumper cables- once again a must-have in case you forgot to replace the old battery or, as can happen, the new one quits on you.
  5. Shovel- if you get stuck, a shovel can help you dig to hopefully be able to get traction,
  6. Salt, sand, or traction agent- it is also helpful if your have some additional traction assistance mechanism or ability to gain traction should you get stuck
  7. Sand bags or other weight on the back tires if necessary.
  8. Blankets- If you are to get stranded, it’s extremely important to be able to stay warm.
  9. Flashlight with new batteries.

If you can, stay home! In the worst weather, it is advisable, if you can avoid it, to wait until the conditions are better. Also, drive during the day time if possible.

If you must go out, listen to driving reports. Avoid auto accidents and the areas with the highest probability of congestion.

Make sure your car windows, mirrors and lights are free of snow and ice build-up and fog before you leave. It may take a few extra minutes but it will be well worth it.

Okay, so your car is prepared and you have to get out and drive (I mean, the boss isn’t canceling work? Jerk…) Most importantly, leave yourself much more time to get where you are going. As a corollary, make sure you drive much slower as well. Speed is one of the biggest problems on the roadways, especially during bad weather. If something goes wrong in front of you, you need to be able to get stopped. In wintery conditions, one cannot count on speed limits as an indicator of appropriate speed. Also, using lower gears will help keep the car at a reasonable speed and correspondingly help with traction. However, avoid abrupt gear changes as they can lead to skidding.

Proper use of brakes- If you have anti-lock brakes, you will often feel then begin to pulsate. If you notice them doing so, DO NOT let off the brakes. This is how anti-lock brakes are designed and you need to continue to apply pressure appropriate to slow the vehicle. Simply brake as you would normally, in other words, hard enough for the given conditions. On the other hand, if you do not have anti-lock brakes and they begin to lock up, it is advisable to ease off to avoid sliding. Brakes work better if the wheels are not sliding across the contact area and in a vehicle without anti-lock brakes, that sometimes needs to be done manually.

Be especially careful if the road composition changes or if you drive over a bridge or an overpass. Such places increase the likelihood of the automobile sliding and, accordingly, avoid significant turns or corrections until at you reach a safer area on the roadway.

Use you lights to ensure the best visibility and to ensure that other drivers see you.

Avoid distractions such as talking or texting on a mobile phone, eating, doing makeup, or even the radio or in-depth conversations. The more attention you pay to your driving the better off you will be.

Possibly most importantly, and even more important than normally because of the significantly increased risk of an accident, always make sure you and your passengers use their seatbelts!!

Driving during the winter time is not the best, but with a few precautions including the ones mentioned here, you will be most likely to arrive at your destination safe and sound. If you are in an accident make sure you contact law enforcement and get any injured individuals, including yourself, immediate treatment. For a complete discussion of all steps to take following and auto accident, please click here: Accident Checklist

And remember to check the IowaCarAccident.com blog regularly for more on driving and accidents in Iowa.

Posted by G R L Law at 9:08 AM 0 comments

Thursday, October 16, 2008

IowaCarAccident.com Launches

IowaCarAccident.com is a new destination point on the world wide web offering vitally important information to Iowans that have been injured in a motor vehicle accident in the state of Iowa. The most informative injury and law library on the net includes:

Each of those topics are covered in great detail, and more topics will be added as we hear from our clients regarding the things that they want to learn about from our website. As always, the disclaimer reads - no website or BLOG can replace a consultation with an attorney who can then ask questions and provide you with sound advice that you can act upon.

If you have been in an accident in the state of Iowa or lost someone dear to you, please contact the personal injury attorneys at Gourley, Rehkemper & Lindholm for a professional assessment of your accident case. The initial consultation is free and without obligation.

Posted by G R L Law at 10:49 AM 0 comments
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