Long before automobiles, people traveled by train. The first passenger railroad in the U.S. began construction in 1828 and five years later, the country saw its first train accident. As train travel proliferated, train wrecks became “a surprisingly frequent form of disaster” according to historians. “The single worst type, was the rear-end collision”, which left many victims with a peculiar constellation of symptoms such as back pain, arm pain, headaches, hearing problems, and anxiety known colloquially as “railway spine”. Flash forward to the future to the age of automobiles and the same condition is often referred to as neck and back whiplash injury, often resulting from a rear end car accident.

‘Whiplash’ injuries can range from a muscle sprain to spinal cord contusions to a fractured vertebrae. Soft tissue injuries including muscles tears, sprains, nerve damage or deep muscle bruising do not show up with diagnostic tools such as x-rays or MRI’s the same way traumatic injuries like bone fractures do, but that does not make them any less painful or life altering to the victim of a car accident. All injuries can have a significant impact and can manifest in different ways.

Following an accident, even if it is initially just minor discomfort or pain you are feeling, seek medical attention immediately. Remember that soft tissue injuries sometimes do not become symptomatic right away, so you may feel okay following an accident only to develop symptoms hours or days later, which should also prompt a trip to the doctor.

If you are making a claim with the offending driver’s insurance company, it is very important to document all the expenses you incur for treatment and rehabilitation, including medical expenses, travel expenses to and from a medical facility, lost wages for missed work, prescription costs and copays. If an insurance adjuster is unwilling to pay your claim, you may want to file a personal injury lawsuit to facilitate the collection of your economic damages as well as pain and suffering.

Are You Suffering From Neck and Back Whiplash Injury?
Contact a Des Moines Car Accident Attorney For Help

If you have been injured in an Iowa car accident and are suffering from neck and back whiplash injury, it is advisable to contact an experienced personal injury lawyer to discuss your case first. An experienced car accident attorney can help you navigate the process so that you receive a fair settlement to compensate you for medical treatment of your injury or pursue a legal suit if an insurer is not meeting their end of the bargain. Contact the Des Moines personal injury law offices of John T. Hemminger at 515-283-2116 for assistance today.

One of the most dangerous things just about everyone does on a daily basis is get into a vehicle and drive. When accidents occur, few people know what to do. According to an Iowa Highway Patrolman interviewed following a string of weather related accidents in the state, the normal response people have after being involved in an accident is to leave their car to assess the damage done to their vehicle. However, exiting the car may not be a good idea as they are designed to provide protection. If possible it is recommended that drivers and their passengers remain in the car with seat belts fastened until emergency vehicles arrive. Of course, in situations where there may be a fuel leak or a vehicle is in the middle of oncoming traffic, occupants should stand off the shoulder of a road or highway at a considerable distance while waiting for help.

With the icy conditions seen in Iowa during the winter, it is advisable to avoid travel when road conditions are not at their best. Drivers come in all varieties, many with little experience navigating slick roads which pose a risk to even the most seasoned drivers. Even when drivers are doing everything right, one accident can create a chain reaction, as seen in the multiple vehicle crash recently where one person was killed and several others severely injured in a pile up involving more than 50 cars after a bus rear ended a semi on Interstate 35 in Ames. The crash was one of 185 that state troopers responded to across the state on Monday alone.

Iowa is still in the thick the winter season so drivers are urged to take precautions when heading out in conditions that are not ideal. Make sure that cars are up to the challenge by ensuring the windshield wipers are functional and tires are in good shape at a minimum. Take along emergency supplies such as additional warm weather clothing, water and snacks and also a flashlight, charged phone and perhaps flares to alert other drivers to make way for a disabled vehicle. Drive defensively and slowdown in inclement weather and avoid distractions or impaired driving to minimize your risk of a car accident. As always, if travel is avoidable, it is better to wait out the storm.

Iowa Car Accident Injury?
Contact an Experienced Des Moines Personal Injury Attorney

For Immediate HelpIf you or a family member has been injured in an Iowa car accident, contact the Des Moines personal injury law offices of John T. Hemminger for help today. We have helped many injured Iowans and their families get the compensation they need when they are hurt due to the negligence of another driver. Call 515-283-2116 today for your free consultation.

Source: KWQC, “Iowa State Patrol offers tips to stay safe during an accident”, by Shelby Sheperd, February 8, 2018.

The winter season in Iowa is in full swing following the relative heatwave we experienced well into December this year. Snow and ice makes for treacherous driving, particularly when drivers do not adjust for changing conditions or are simply not used to slippery roads. Although Iowans are well-acquainted with the dangers hazardous weather presents, we still have our share of accidents in the winter driving season, which sometimes result in injury.

The Plains/Midwest region of the U.S. has the highest ice-related car accident fatality rates when compared to other parts of the country. Travel in the region often takes place on rural highways at high speeds with average trips requiring more time on the road, which can translate into a higher number of accidents when conditions deteriorate.

Add to the equation, that icing events in Iowa tend to be intermittent rather than season long, so motorists are caught unprepared. In general, the fewer road icing events a location sees per winter, the greater the rate of fatalities per event results. This rings true not only in Iowa, but parts of the country that rarely experience winter driving.

Whether you live in the Iowa or other parts of the country, getting ready to drive in inclement weather is key but, first, ask yourself if you really need to go out when a storm is brewing or can it wait until roads are cleared.

If you must venture out in slick conditions, make sure your tires and windshield wipers are up to the job. Practice cold-weather driving away from other motorists to get a feel for how to maneuver on icy roads and allow more time to get to your destination. Remember that distracted driving is a leading cause of accidents so smart phones or driving impaired in  winter driving conditions definitely do not mix. Buckle up at all times and have an emergency plan if you get stranded out in the icy tundra.

Contact an Experienced Iowa Car Accident Attorney

Getting to your destination safely takes more thought on the part of all motorists when driving in winter conditions, but sometimes accidents do occur. If you or a family member is injured in an Iowa car accident due to the negligence of another driver, contact the Iowa motor vehicle accident Law Offices of John T. Hemminger for immediate assistance today at 515-283-2116.

Unfortunately, people who drive with inadequate sleep can sometimes cause car accidents. A 2014 AAA Foundation for Traffic Safety study estimates that over 300,000 car accidents in the U.S. involve a drowsy driver annually. Of these, as many as 20 percent involve a fatality.

Drowsy driving is difficult to detect. When a driver is stopped, police usually have to rely on an admission by the driver that sleep deprivation led to their erratic driving or even an accident. There is no sleep meter akin to a breathalyzer that can show someone was asleep behind the wheel.

States have been left with few options except to post catchy messages on highway boards, which many have seen displayed on Iowa highways, e.g.,“Sleep Deprived is No Way to Drive” or “Drowsy is Lousy, Rest is Best”. Other measures include raising awareness about drowsy driving through driver’s education courses and related materials to alert new drivers to the risk.

A few states have sought to criminalize drowsy driving that leads to a fatality, but again it is very hard to prove. Technology that detects drowsy driving is out there, but few cars are equipped with the so-called Driver Attention Systems that monitor the telltale signs of nodding off.

Recently, the potentially deadly problem of drowsy driving in Iowa prompted the Governors Highway Safety Association and the National Road Safety Foundation, a nonprofit that promotes safe driving, to distribute $15,000 grants to a handful of states, including Iowa, to create innovative drowsy driving prevention campaigns.

Iowa is taking the lead to put a stop to drowsy driving through public service announcements on television and social media, more highway message boards, and partnering with local supermarkets to include bag stuffers to spread the word about the dangers of drowsy driving.

A spokesman for the Iowa Governor’s Traffic Safety Bureau says the key is to “educate the public that this [drowsy driving] is a serious issue and that is causing fatalities in the state.” Hopefully, the efforts to raise awareness will make roads safer for Iowans and their families. The best advice is to get the sleep you need especially before heading out on the road.

Experienced Des Moines Car Accident Lawyers

If you or a family member has been injured in an Iowa car accident, contact the Experienced Des Moines Car Accident Lawyers of John T. Hemminger for immediate assistance. You may be entitled to compensation for your injuries in cases where the negligence of another driver resulted in your injury.  Call us at 515-283-2116 or contact us online.

Getting a driver’s license is an exciting milestone for a teenager, but driving can be particularly dangerous for inexperienced drivers. In 2009, 3000 teens between the ages of 15-19 were killed in the U.S. in motor vehicle accidents and, a year earlier, a staggering 350,000 young adults reported to emergency rooms after sustaining injuries in cars.

There are many factors contributing to teen motor vehicle accidents such as driver inexperience, driving with other teen passengers, night time driving, not wearing seatbelts, and distracted driving.

To make driving safer for teens, improvements to driver’s education and licensing policies go a long way in preventing needless injury and death from auto accidents. One example is graduated driver licensing (GDL) systems that many states have adopted including Iowa. GDL aims to reduce risk factors and research has proven their effectiveness in preventing fatal accidents from occurring.

GDL’s grant driving privileges in stages, so that drivers can gain experience under low risk conditions. As teens move through the stages, they are given more privileges such as driving at night or having passengers in the car. With a comprehensive graduated driving license in place, states can cut the rate of teen auto accident death and injury significantly.

Teenagers trying to obtain a driver’s license in the state of Iowa are subject to a graduated licensing requirement. Teens can acquire their learners permit as young as 14, but must meet several requirements such as passing a written exam, attending drivers education and acquiring the needed hours of driving with a designated licensed driver without incident, before moving on to an intermediate license.

Once they reach the intermediate level at the minimum age of 16, independent driving privileges are given, but teens must comply with specific rules such as limiting passengers and driving during permitted hours, while continuing to acquire valuable supervised instruction for a certain period before applying for a full license, no earlier than age 17.

The Iowa GDL program holds up well to The Center of Disease Control and Prevention, CDC, recommendations, which include:

• Learner’s permit 16-years-old as the minimum age. Mandatory holding period of at least six months. Probationary license No unsupervised nighttime driving from at least 10:00 pm to 5:00 am. Limit the number of teen passengers that may accompany a teen driver without adult supervision to zero or one (not including family members). Full license 18-years-old as the minimum age.
• The CDC also advises prohibiting cell phone use (talking and texting) for teenage drivers, allowing teenage drivers to be stopped and ticketed if they or their passengers are not wearing seat belts and vigorously enforcing zero tolerance policies for underage drinking and driving.

Getting a driver’s license is considered a rite of passage as teen’s transition from childhood to becoming adults. Keeping them safe it is important to provide them with driver’s education and sensible licensing policies to help prevent car accidents from occurring.

If you or a family member has been injured in an Iowa car accident, contact the Des Moines personal injury Law Offices of John T. Hemminger for immediate assistance at 515-283-2116.

Source: www.cdc.gov, “Policy Impact: Teen Driver Safety” accessed September 25, 2017.

What’s in a name? Apparently, the term ‘accident’ may have something to do with how people view their responsibilities as drivers. Typically, when a reference is made to automobile collisions, people call it an accident. However, safety advocate groups would like to see these incidences called ‘crashes’ in order to focus attention on the problem of human error. They believe the use of the word accident implies that no one is at fault when crashes occur, fueling widespread apathy among drivers. With roadway fatalities increasing at a rate not seen in 50 years, many are calling for a change in semantics.

According to the nonprofit National Safety Council, fatal car crashes rose by approximately 6 percent in 2016 over the previous year, killing nearly 40,000 people, and 2016 fatal car crashes were the highest in nine years.  Fatal car accidents increased an alarming 14% in just two years. The most drastic increase in fatal car accidents in 53 years. Motor vehicle deaths in 2016 are estimated to be the highest in almost a decade. Most of all fatal crashes are a result of driver behavior such as distracted driving, driving while intoxicated and other risky behaviors. Less than 10 percent are linked to vehicle malfunctions or weather. Since, the cause of many of these wrecks result from negligent actions taken by one or more drivers, some say ‘call it what it is’ – a crash – rather than referring to it as an accident outside of a driver’s control.

As of 2014, New York City’s policy states the city “must no longer regard traffic crashes as mere accidents, in an effort to reduce roadway injuries and fatalities. San Francisco and other cities and at least 28 departments of transportation have adopted similar policies. Last year, the Associated Press announced a new policy stating that, when negligence is claimed or proven in a crash, reporters should avoid using the term ‘accident’, which can be read by some as a term exonerating the person responsible.

Contact a Fatal Car Crash Attorney

Many, including a number of aggrieved families who have lost someone to a car crash, hope that changing the language will lead to more responsible driving. With the rate of traffic fatalities rising, calling out negligent drivers may be a step in the right direction. If you or a family member has been injured in an Iowa motor vehicle crash, it is important to hold negligent drivers accountable and to seek compensation to aid in your recovery. Contact our Iowa personal injury lawyers at John T. Hemminger Law Offices for help at 515-283-2116.

If you are involved in a motor vehicle accident, you should report the accident to your insurance company or the at-fault party’s insurer promptly, which will prompt a call from an insurance adjuster who will ask you questions about the incident.

Before providing a statement to the insurance adjuster, it is important to be prepared to make an accurate, detailed and consistent statement regarding the events leading up to and during the accident. You will also want to be able to describe the damage to your person or property and the expenses you have incurred as a result.

Because your statement can potentially impact your claim, it is a good idea to work with an experienced personal injury attorney to help you prepare your statement, particularly if you have been injured.

After your claim has been reviewed by the insurer, you may be asked to sign documents such as a medical release form or a release of your claim, as part of a settlement. It is very important to consult with an experienced personal injury attorney first who will advise you against any action that would compromise your claim or prevent you from recovering needed compensation in the future.

If you have been injured in an Iowa car accident, contact the personal injury lawyers of John T. Hemminger for assistance today. We have helped may injured Iowans and their families work with insurance companies to get the compensation needed after being hurt in an accident.

Car accidents involving collisions with a truck can be very serious. A car and its occupants are no match for a commercial truck carrying a heavy load.

If you are involved in an accident with a truck, investigators will try to determine what caused the accident.

Was it the trucker? Was he or she driving recklessly, impaired, fatigued or distracted? Or could it have been the third-party loading company whose lack of safety oversight created a hazardous driving situation? Perhaps the trucking company itself had a hand in the events leading up to the accident. Investigators start by looking at what caused a truck accident so they can move to establish fault, which may lead to more than one party.

Everything from a truck’s black box, driving and maintenance logs and load information are examined following a truck accident. Investigators also follow-up on driver intoxication tests and look at the driver’s credentials such as training certificates, licenses held, and employment history.

To ensure the injured party gets maximum compensation for their injuries, attorneys and their investigative team will pursue not just one at-fault party – but all parties at fault in your accident to ensure that you are covered if you are hurt due to another’s negligence.

Following an accident you may be owed damages for lost wages, pain and suffering, medical expenses, loss of employment, death of a loved one, short-term and long-term disability, traumatic brain injury (TBI), loss of a limb or other compensable damages depending on the unique circumstances of your case.

If you or a loved one is injured in a automobile accident involving a commercial truck, it is important to work with an experienced truck accident lawyer who understands the investigative process involved when there is more than one party who may be at fault. Contact the Des Moines, Iowa truck accident lawyers of John T. Hemminger for help if you have been hurt in an Iowa car and truck collision.

Some of the most common injuries sustained in a car accident pertain to head and neck injury. While some victims may experience minor symptoms, others may experience serious, long lasting or worsening problems related to a traumatic brain injury TBI or whiplash.

If you are involved in a car or truck accident, seeking the immediate help of a physician is advisable to rule out serious issues. That said, despite our best efforts, sometimes problems may go undetected initially only to become a major or life threatening issue after the passage of time.

If you notice a change in your condition, it may be a sign of a serious head or neck injury, such as a blood clot in the brain, severe TBI, or damage to the vertebrae in the neck area. It is important to be attuned to changes in your or your loved one’s behavior or abilities to rule out a more serious injury following an injury accident.

Victims of TBI’s do eventually recover in many cases, however there may be lifelong complications and, in these circumstances, victims may require extensive medical care stretching over long periods of time. The commitment to care and the financial impact of a serious injury can take a major toll on victims and families.

Contact an Experienced Iowa Head and Neck Injury Attorney

If you or a loved one has been seriously injured in an Iowa car accident, it is important to seek the help of an experienced personal injury lawyer to help you to get the necessary compensation for your immediate and long term needs. Contact our Des Moines, Iowa car accident injury lawyers at the Law Offices of John T. Hemminger if you or a family member has been hurt in a motor vehicle accident. We have helped many clients who suffered traumatic brain injuries ranging from mild to severe get the compensation they need when they are injured.

As central Iowa welcomes warmer temperatures, many motorcyclists have taken to the roads to enjoy the newly green landscape and the emerging spring blooms. However, caution is advised when heading out for the first ride of 2017. After the long absence of riders during the winter months, many motorists simply do not see motorcycles, which is the cause of many car and motorcycle accidents.

Why doesn’t the average driver see a motorcyclist? First of all, drivers do not expect to see motorcycles especially after riders have been off the roads for several months. Even after the season is up and running, motorists tend to look for other cars and trucks when navigating the roads, missing motorcycles that are smaller and harder to see.

Iowa Distracted Driving Car Accident

Add to that, the modern day distractions of texting, emailing or checking in on social media that many motorists engage in while driving, and motorcycles run a higher risk of being struck by a motorist.

Because riders lack the protection of an enclosed vehicle, they are more likely to be injured or killed in a motorcycle accident. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, 88,0000 motorcyclists were injured in motorcycle crashes and nearly five thousand people died, an 8.3 percent increase over the previous year.

The Leading Causes of Motorcycle Accidents

The most common motorcycle accident occurs when a car turns left in front of a motorcycle at an intersection. It may be a matter of inattention, distraction, blind spots or ‘they just don’t see you’. Other common accidents that can result in a rider injury are being struck from behind, cars changing lanes into a motorcycle and even opening a car door in the path of a rider – all of which can lead to an injury accident.

Of course as a motorcycle enthusiast, it is important to take a motorcycle safety course, which will alert you to the possibilities and provide ways to avoid an accident. Adding the right gear such as protective and easily seen clothing is essential too.

Even when motorcycle riders take all the precautions, they may still come up against a negligent motorist who may not be paying attention or going too fast, which can cost a motorcyclist’s life or health. In fact, motorcycle accidents are rarely the motorcyclist’s fault so motorists should make a conscious effort to ‘see motorcycles’ to avoid a collision.

Contact a Des Moines Iowa Motorcycle Accident Lawyer

If you or a family member is injured in an Iowa Motorcycle Accident, contact the Iowa personal injury Law Offices of John T. Hemminger. Our attorneys have successfully represented many motorcycle accident victims and their families in personal injury and wrongful death claims and we welcome the opportunity to help you. Call or email us at 515-283-2116.