When Happens When a Stoned or High Driver Causes A Car Crash?

When Happens When a Stoned or High Driver Causes A Car Crash?

by | Nov 25, 2019 | Blog

Cannabis became illegal in Iowa in the 1920s. Efforts to decriminalize it have failed, though medical marijuana did become allowable a few decades ago. CBD oil is also illegal for recreational use, but it is legal for certain medical conditions like cancer, chronic pain, MS, Parkinson’s, and seizures. Recreational users are subject to stiff penalties for driving while impaired. The state has a zero-tolerance policy. If a stoned or high driver causes a crash, the laws are in your favor. Here’s what you need to know.

Penalties for Driving While Impaired

The penalties for driving while impaired are clear. No amount of a controlled substance is allowed in the bloodstream. A first offense comes with a minimum of 48 hours up to a year in jail. If the impaired driving led to a crash that caused bodily injuries a fine of $1,250 is also applicable but may be replaced by community service in some situations. Loss of license for 180 to 365 days is also applicable.

A second offense leads to a jail sense of 7 days to 2 years, fines of $1,875 to $6,250, loss of license for up to 2 years, and participation is required in substance abuse and impaired driving programs.

The jail time for a third offense is 30 days to 5 years, fines ranging from $3,125 to $9,375, loss of license for up to 6 years, mandatory participation in substance abuse and impaired driving programs, and other conditions the judge feels are necessary.

Those are the penalties the driver faces, but what about you? You’re left with car repair and towing bills to pay, medical bills, time off from work, and more. Here’s what you need to do to make sure you get fair treatment following a crash with a stoned or high driver.

Gather as Much Evidence as Possible

What is most important is that you take care of yourself. Common injuries following a car crash include head injuries, whiplash, bone fractures, and lacerations. If you’re not sure if you’re injured or not, stay put until paramedics arrive. You can call 911, but if you can’t move, witnesses and other drivers will be doing that for you.

If you’re okay and your car is drivable, move as far off the road as possible. Take photos of your car, the area where the crash occurred, traffic signs and signals, and other cars or property damaged in the crash.

Get names and contact information for witnesses. Get the other driver’s car information, insurance information, and contact information. You’ll need all of this when you file a claim. If the other driver is at fault, you or your insurance agent will file the claim against that driver’s insurance. If the other driver has no insurance or is underinsured, your insurance coverage will help.

Talk to the police when it’s possible. If you’re going to the hospital, the police will come to the hospital to talk to you or instruct you to stop by the police station when you’re released. You need to do this in order for a  report to be filed. You’ll need the report number for your insurance company.

When you’re home and are able, call your insurance company to file the claim. You’ll provide details of the crash, witnesses, the other driver’s information and insurance policy number, the report, and any photos or information you can add.

You’ll wait for results of the other driver’s blood test, the assessment of damages to your car, the replacement estimate if your car is a total loss, and an estimate for the property damages. Lost wages, medical bills, towing bills, and a rental car are also factored into your claim. Once all of this is gathered and valued, you’ll be sent a settlement offer.

Talk to a Car Crash Attorney

We hope you’re not hurt in the crash, but you could well be. In 2012, over 2.5 people went to the ER following a crash. The CDC reports that medical expenses for all crashes during 2012 will total around $18 billion. While 75% of those medical bills accrued during the first 18 months following a crash, there are medical treatments that become necessary years later that are still related to the crash that took place years earlier.

That’s right. Years from now, you could face additional medical bills related to the crash. If you’ve taken the insurance company’s settlement and need help paying for these new medical bills, you could be out of luck. It’s why you must talk to an attorney who specializes in car crashes.

With more than $1.5 billion in judgments and settlements for victims of everything from car crashes to wrongful death, Trial Lawyers for Justice is the team you want on your side following a crash with a stoned or high driver. The insurance settlement offer may not be enough to cover your mental and physical injuries, loss of work, and other expenses related to the crash. Stand up for your rights and get what you deserve. Call the team at 1-866-TL4J-LAW for a free consultation.

Iowa Jury Awards More Than $1 Million To Man Who Thought He Was Getting A Circumcision But Got A Vasectomy Instead

Iowa Jury Awards More Than $1 Million To Man Who Thought He Was Getting A Circumcision But Got A Vasectomy Instead

by | Nov 18, 2019 | News

Source: Des Moines Register

Zaw Zaw’s dream of having more kids has disappeared.

The 41-year-old man — dad to three “delightful” children, according to his attorney — is not currently able to father any more children after Dr. Kevin Birusingh, then of the Iowa Clinic, performed a vasectomy when the patient thought he was getting a circumcision. A jury has found the clinic doctor mostly at fault.

“I think it came across to the jury that he was just devastated by what had happened here,” Zaw’s lawyer, Marc Harding, said Thursday.  “And Dr. Birusingh and the people that he was working with over at the Iowa Clinic just didn’t really care.”

Zaw, who came to the U.S. as a refugee four years ago, was referred to the Iowa Clinic for a “routine and ritual male circumcision” in December 2015, according to the lawsuit filed by Harding. The Iowa Clinic provides the bulk of urology services in the Des Moines area, including procedures performed at the UnityPoint and Mercy hospitals.

But the January 2016 surgery instead ended the man’s ability to reproduce. Zaw — with help of Harding and attorney Ben Novotny — sued the Iowa Clinic and Birusingh. He was awarded a $2 million judgment, court records show. Jurors decided Zaw was 30% responsible, which will reduce the award.

Charlie Wittmack, an attorney for Birusingh, said in a written statement that “it is undisputed that Mr. Zaw Zaw signed two written informed consents and completed four consultations prior to having the vasectomy performed. Mr. Zaw Zaw also informed a separate physician’s assistant that he had scheduled the vasectomy in the days before it was performed.”

“Because Mr. Zaw Zaw does not speak English, both written informed consents and each of the four consultations were translated by two separate interpreters,” Wittmack said.

Harding said Iowa Clinic officials have also blamed Zaw for undergoing the vasectomy or not stopping the procedure.

The attorney said he rarely speaks to his client without someone to interpret. An interpreter was used in court. But a physician’s assistant claimed Zaw was fluent in English and mentioned getting a vasectomy, Harding said.

“I think there’s probably a fair number of people in the United States that English is their native language, and if you said ‘vasectomy,’ they wouldn’t know what you were talking about,” Harding said.

Besides, Harding says, it was up to Birusingh to make sure that the Myanmar native understood the procedure he was undergoing. Moreover, documents from the doctor who referred Zaw to the Iowa Clinic show he was seeking a circumcision, Harding said.

Birusingh is no longer at the Iowa Clinic; he was fired last year amid allegations that he and two other urologists planned to split off and start a new practice.

“It was a written referral that in four places said that it was a circumcision, and according to the records from Des Moines University, it was faxed over to the Iowa Clinic, which would have been for Dr. Birusingh,” Harding said.

Zaw testified that he had a copy of that document and he gave it to an interpreter, who delivered it to the front desk at the clinic. It was then given back to Zaw.

“What Dr. Birusingh said (in testimony) was, ‘I never saw it. I never read any of those,’” Harding said. “And basically, somehow they got it entered as being a vasectomy instead of being a circumcision.”

The jury found Birusingh was 70% at fault in the case, according to the verdict form filled out by the jury foreperson. Jurors awarded Zaw $2 million, or about $1.4 million after accounting for the fault assigned to Zaw.

An Iowa Clinic spokeswoman in an email pinned the blame squarely on Birusingh.

“We care about the well-being of all our patients,” a clinic spokeswoman wrote in an emailed statement. “In terms of specific detail on the care provided or offered to the patient, we don’t discuss that out of respect to the patient  and privacy laws.”

A court verdict form lists Iowa Clinic as a defendant in the case, but the organization’s name does not appear in any of the eight questions answered by jurors about blame in the case.

The defendants, including both the Iowa Clinic and Birusingh, have filed a motion in court to stay the verdict.

“Defendants will file post-trial motions on several grounds, including but not limited to, that the verdict is inconsistent, excessive and unsupported by substantial evidence in the record,” the motion states. “Given the size of the verdict and the necessity of post-trial proceedings, Defendants request the Court stay entry of judgment until such time as the Court rules on Defendants’ post-trial motions.”

Harding said he is working on a response to the motion.

Attorneys at Finley Law Firm, which is representing the defendants, did not respond to a request for comment.

The payment to an Iowa Clinic patient is at least the second in as many years awarded by central Iowa jurors. A Polk County jury last spring awarded a Panora man more than $12 million after he underwent debilitating prostate cancer surgery before learning he didn’t have cancer.

Zaw plans to get the vasectomy reversed, Harding said, but there’s no guarantee he will be able to grow his family. Mayo Clinic reports that pregnancy rates after reversals range from 30 percent to 90 percent, but the longer a patient waits, the lower the success rate.

The circumcision was done at a differently facility, his attorney said.

“I’m sure that if Zaw Zaw had it — if he could wave a magic wand — I think he’d much rather been able to have had additional children than to have money, but that’s the only thing that we can do here,” Harding said. “I mean, (money is) a poor substitute, but it’s the only substitute we have.”

Can I File a Lawsuit if I’m Involved in an Airplane Crash or Injured During a Flight?

Can I File a Lawsuit if I’m Involved in an Airplane Crash or Injured During a Flight?

by | Oct 1, 2019 | Blog

Flying is one of the safest modes of transportation, but crashes happen. In 2016, the NTSB reports there were a total of 1,335 crashes and 408 fatalities. That’s not even close to the number of vehicle crashes each year, but injuries do happen. If you’re injured during a flight, what are your rights? Can you sue?

Many Things Can Happen on a Flight

A plane doesn’t have to crash in order for injuries to occur. Turbulence, infectious diseases, improper handling of food, and faulty equipment can all lead to injuries. For example, one of North Carolina’s public health departments contacted three dozen passengers who may have been exposed to Hepatitis A during an American Airlines flight. Some passengers had to undergo vaccinations as a preventative measure.

Turbulence is one of the more common ways people are injured during flights. As the plane is exposed to the shaking and bumps, passengers may get hit with objects falling from overhead compartments. A food cart may start rolling and hit passengers. People who aren’t buckled in may get thrown from their seats. If the staff hasn’t taken proper precautions to secure items or warn passengers, the airline could be liable for injuries.

What about situations where an emotional support animal that’s allowed on the flight bites someone? Who is to blame then? Is it the animal’s owner or the airline? When a Delta passenger was bitten by an emotional support dog in 2017, he sued both the animal’s owner and the airline. Delta was named in the lawsuit because the airline’s policy stated larger support dogs had to be on the floor, but the staff allowed the dog to sit on the animal owner’s lap, where the dog was able to reach and bite the passenger in the face.

Don’t forget emotional injuries. When pilots landed at the wrong airport and stopped abruptly, the plane filled with the smell of burnt rubber. One passenger knew it was the wrong airport and that the shorter runway ended near a cliff. That knowledge led to a fear of flying that cost him a higher paying job. He sued the airline for mental anguish.

What Factors Determine Whether It’s Worth Suing?

If you or a loved one is injured during a flight, there are a few factors to consider. Did the injury occur because of pilot error? If a pilot is sick, impaired, or excessively tired, that negligence on the pilot’s part could be to blame. Had the pilot been fine, the crash might not have happened.

Could the flight crew be to blame? If they failed to do the pre-flight checks to make sure baggage compartments are shut and passengers are buckled in, they are negligent. In this case, the airline would be the target of a lawsuit. One such case involves an airline flight attendant who knocked over a woman’s cup of hot tea while passing milk to another passenger. The cabin crew allegedly failed to offer any help to the woman who had burns on her legs and hip.

Was there a problem with the plane? Did the pre-flight check get rushed or skipped? If someone missed that there wasn’t enough fuel or that something wasn’t working, the lack or negligent maintenance is to blame. If a piece of equipment on the plane was defective, the manufacturer could be blamed for any injuries resulting from the defective equipment.

Did the air traffic control crew make a mistake? If the person in the tower sent a plane to land on the runway where another plane was sitting, it’s another case of negligence. The FAA is responsible for air traffic control workers. As they are a government agency, the lawsuit would be against the government.

It can be hard to know exactly who is at fault. If the crew missed a faulty piece of equipment during routine maintenance or inspections, is the crew to blame or is it the manufacturer? Are both to blame? The specifics of your complaint matter. You could have a valid case against the airline, the FAA, or another passenger.

This is why it’s important to talk to personal injury attorneys who specialize in airline crashes. Trial Lawyers for Justice offer free consultations. You don’t pay a penny unless the attorneys win your case. They’ll walk you through the steps to take in. Reach the personal injury attorneys at TL4J 24 hours per day through live chat or by calling 1-866-TL4J-LAW.

Brain Injuries

Brain Injuries

by | Sep 16, 2019 | practice-areas

Over 1.4 million people suffer a brain injury every year, and it is estimated over 3 million people in the United States need long-term or life-long assistance as a result of a brain injury.

If you have suffered a brain injury that was caused by someone else’s negligence, you may be entitled to receive compensation for your medical expenses, lost wages, future lost wages, and pain and suffering. Speak to an attorney today to discuss your legal options.

Traumatic Brain Injuries (TBIs)

traumatic brain injury lawyer cedar rapids iowa

Traumatic brain injuries are classified as either mild, moderate, or severe.

Mild TBIs

After a mild traumatic brain injury, the victim may lose consciousness for a few seconds or several minutes. However, some victims never lose consciousness even after they have suffered this injury. The victim will probably appear dazed or confused immediately following the incident, however some victims will not exhibit any major symptoms for days or weeks.

Many people do not exhibit obvious symptoms after suffering from a mild TBI, and therefore do not seek emergency medical assistance. However, this is a mistake. If you have been involved in any type of mishap where you have hit your head, you should immediately seek medical attention.

Moderate TBIs

A moderate traumatic brain injury may occur after a powerful blow to the head or a violent shaking movement. The victim will almost always lose consciousness after a moderate traumatic brain injury, and he may be unconscious for as little as a few minutes or as long as a few hours. His state of confusion and disorientation will last for a long period of time—sometimes up to several weeks. The victim may also experience physical and behavioral side effects as a result of the brain damage.

Severe TBIs

Severe traumatic brain injuries usually occur after a crushing blow to the skull or the penetration of the skull with a foreign object. Brain tissue is severely damaged during this type of life-threatening injury. Victims will usually be hospitalized for long periods of time. If they come out of consciousness, they will need extensive rehabilitation and therapy to relearn how to walk and speak. Even if victims receive immediate treatment, recovery is not guaranteed. Most severe TBI victims never return to their pre-injury state. Those who do improve will still experience behavioral, physical, and cognitive side effects as a result of the injury.

Common Causes of Traumatic Brain Injuries

Traumatic brain injuries can occur during almost any type of trauma, but the most common causes include:

Traffic Crashes

Whether you are in a car, on a motorcycle or bike, or a pedestrian walking down the street, if you collide with another vehicle, you may suffer a traumatic brain injury. Pedestrians, bicyclists, and motorcyclists are at a higher risk because they do not have as much protection as motorists do.

Slip and Falls

Many people who have been involved in a slip and fall suffer from traumatic brain injuries. These injuries occur when the victim falls backwards or forwards and his head makes contact with the ground. Anyone can slip and fall, but it is most common among older adults and young children.

Swimming Pool

Swimming pools are another common cause of traumatic brain injuries. If a swimmer dives into the shallow end of the pool and hits his head, this could result in a traumatic brain injury.

Regardless of how you suffered the injury, if it was caused by another person’s negligence, you need to speak to an attorney as soon as possible to learn about your legal options.

If You Are A Victim…

Brain injuries can completely disrupt a victim’s life. If you or a loved one has suffered a brain injury, speak to the team of attorneys at the Trial Lawyers for Justice. Call 866-854-5529 today to schedule a free consultation with one of our personal injury attorneys.

What Are Your Legal Rights After an Accident Involving a Commercial Truck?

What Are Your Legal Rights After an Accident Involving a Commercial Truck?

by | Sep 3, 2019 | Blog

Commercial trucks are substantially larger than most vehicles. Box trucks and 18-wheelers can cause significant damage to your car and your safety. Even with a seatbelt and airbags, you could sustain head injuries, internal injuries, bone fractures, cuts, and bruising. If you’re in an accident with a commercial truck and the truck driver is at fault, what are your legal rights?

State Licensing Bureaus Set Commercial Driving License Standards

Each state is responsible for setting the standards for commercial driving licenses (CDL). A CDL is required for driving a commercial motor vehicle like an 18-wheeler or box truck. While it’s up to the state, the Federal Motor Carrier Safety Administration (FMCSA) does set the training standards that drivers must meet before gaining a Class A or B CDL. The programs usually entail a mix of studying from a CDL manual and behind-the-wheel training.

While the requirements for a CDL can vary from state to state, many key rules remain the same in every state.

In California, a commercial driver has to be a California resident at least 18 years of age for in-state work and 21 or older for jobs that require traveling over the state lines. Jobs involving the transportation of hazardous material or waste also require the driver to be 21 or older. The background check on a driver will go back 10 years. Drivers who are handling hazardous waste or materials must also go through a security threat assessment with the TSA. Before you can have a CDL, you must be a Class D licensed driver for at least a year, pass a health examination, and go through periodic drug tests.

Iowa’s laws are similar in terms of ages, health exams, drug tests, and residency. There are two parts to a CDL exam: written and a practical driving test.

With these different background checks, testing procedures, and limitations on what and where you can drive, the goal is for a truck driver to be a safe, knowledgable driver. That doesn’t prevent all accidents though. If a driver disobeys any of these rules, fails a drug test, or is improperly vetted before taking a job, you have every right to sue for damages to your vehicle, your medical expenses, loss of income, and pain and suffering.

Common Accidents With Commercial Trucks

What are some of the most common ways that accidents involving a commercial truck happen?

Wide Turns

Swinging wide is something drivers do to make a wide turn. The driver will use the neighboring lane to widen the angle at which a turn is made. If there is a car or pedestrian in the lane the driver swings into during that wide turn, there’s a strong risk of collision.

Jackknifing

Jackknifing is a case where the trailer of an 18-wheeler turns too sharply and forms a 90-degree angle with the cab. It often happens when the driver brakes hard. If an 18-wheeler gets into this situation, it can block entire lanes and hit multiple cars in a matter of seconds.

Ice or Tire Blowouts

If ice slides off the roof of a commercial truck or a tire blows and sends rubber flying into the travel lane, it can easily smash windshields and damage the front end. If you’re behind a commercial truck and this happens, the farther behind the truck you are, the easier it is to avoid major damage.

Blind Spots

Blind spots are a huge issue for any truck driver. It’s hard for a driver to see cars on the side or right behind the back of the truck or trailer, but that doesn’t mean the driver can just move out without knowing if there’s another car there. If the driver moves into the other lane and a car is in the blind spot, it can be devastating. Blind spots can also be an issue if the driver is backing up and your car is in the lane or drive behind the truck. To avoid being in a blind spot, a car has to be 30 feet back from the trailer or leave an entire empty lane between the 18 wheeler and the car when passing. If an interstate only has two lanes, it’s impossible to leave one full empty lane.

When You’re in the Accident Do These Three Things

If you’re in an accident with a commercial truck, take care of yourself first. It’s possible you have serious injuries. Listen to the doctors and take as much time resting up and allowing your body to heal as is necessary. Insurance can cover lost wages.

File an accident report with the police if they haven’t already started one. Get a copy of that accident report and call your insurance company to start a claim. Give the insurance company as much information as you can. Witnesses, medical bills, dashcam footage, and photos are all helpful.

Talk to a lawyer. If the other driver didn’t have a valid CDL, had a history of DUI, or had been on the road for more hours than the state allows, you have a case against that trucking company and the driver. An attorney who specializes in crashes with commercial trucks will help you file a claim if necessary.

Trial Lawyers for Justice specializes in all types of vehicle accidents. If you’ve been injured in an accident with a commercial truck, you have rights. Talk to the attorneys at TL4J if you don’t feel that you’ve been treated fairly. Consultations are free, so there’s no risk to learn more.