Foster Law OfficeIowa City Attorneys2024-03-08T18:17:46Zhttps://www.fosterlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100860/2019/05/cropped-favicon-32x32.pngOn Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502402024-03-08T18:17:46Z2024-03-08T18:17:46ZTruck accidents are regarded as more dangerous than other types of crashes, as the chances of severe injuries and deaths can be high. Different factors contribute to truck accidents, and one of them is inadequate training.Here is what to know about this issue:
Training drivers to pass road tests
Unfortunately, some training truck driving schools focus on helping students pass road tests and get their commercial driver's license (CDL). They fail to provide students with adequate knowledge of what they will apply on the road, such as descending a mountain grade and so on.
Driver shortage
Driver shortage is a serious problem in the trucking industry. And it's expected to worsen as the years go by. Many trucking companies are doing their best to solve this issue, but some are using shortcuts, such as allowing inadequately trained drivers to go on trips. When a trucking company hires a driver, they should train them until they are ready. But this is not always the case. Rookies are on the road, trying to maneuver hilly roads with heavily loaded trucks. It's reported that trucking companies that do this believe taking time to train drivers would negatively impact their business, as it takes time and, in turn, would slow everything. With the high demand in the trucking industry, they choose to "speed things up."Ironically, poor training is a factor that contributes to driver shortage in the industry. When a driver is not confident about being behind the wheel or driving on certain roads, and their employer is not doing anything to help them, they may quit. If you are involved in an accident with a truck, legal guidance can help you determine its cause and the liable party. ]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502362024-02-29T22:00:45Z2024-02-29T21:58:40Zpenalties can include difficulty getting housing or scholarship opportunities and the social stigma that comes with a criminal record.
How can I overcome these challenges?
First, know that you have options. Allegations of drunk driving are just the start. It may seem tempting to take a plea deal and move on — but know that this will not simply go away. The plea deal will likely come with some negative implications. It is wise to have legal counsel explain the pros and cons of the offer before moving forward.
In addition to understanding the implications of a potential plea deal, it is also important to know what other options are available. There are defenses to allegations of drunk driving. Although the exact strategy will vary depending on the details of the case, two broad categories to review in the early stages of building a defense include:
Elements. There are certain elements that the prosecution must establish to build a criminal charge. If these elements are not met, the prosecution is unlikely to have a successful case. It is important to review these elements to get a better idea of the strength of the case.
Evidence. It is also important to review both the legality and type of evidence the prosecution is using to build their case. The case may not move forward if the evidence was not gathered following proper protocol or if the other side simply does not have the evidence they need to meet the elements noted above.
A successful defense strategy can result in a reduction or even dismissal of charges. Do not take the allegations lightly. Take the time to review the allegations and defend your rights.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502332024-02-21T22:52:41Z2024-02-21T22:52:41ZRear-end collisions are usually a sign that a driver was following the vehicle in front too closely. While that might not be the only factor in the crash, it may be the one that ultimately prevents them from avoiding a collision.
The closer you are to another driver, the less time you have to react to changes. Thus, understanding what constitutes a safe following distance is crucial to safe driving.
You should stay at least 3 seconds back
Three seconds is the absolute minimum following distance you should maintain. How do you measure this? You simply count to three. Pick a point on the road ahead and count to three once the back of the car in front passes it. You should not reach that same point any faster than three seconds. If you do, pick another point, take your foot off the gas a little and try again.
Sometimes, you need to stay more than 3 seconds back
Three seconds is based on ideal conditions. You should increase it when conditions are less than ideal. For instance, if there is water or ice on the surface or if they have just laid fresh gravel on the road. You should also raise the distance when you are not at your best. For instance, if you are tired, distracted or have had a glass of wine.Maintaining an appropriate following distance is only half the battle. You cannot control the actions of those behind you, who may be following you too closely. If they crash into you, it’s important to know you have legal options.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502312024-02-09T20:57:05Z2024-02-09T20:57:05ZWhen someone is tailgating your vehicle, it can be fairly nerve-racking. You know that they are drastically increasing the odds that you will be involved in a rear-end accident in which you could be injured. They are driving negligently and putting you – not just themselves – at risk.
But how do you alleviate the situation? People sometimes make mistakes that escalate things, such as abruptly slamming on the brakes – often known as “brake checking.” This can just lead to road rage and could even cause a car accident, and drivers should never do it. So what should they do instead?
Letting the tailgater pass
The front driver should have one general goal, which is just to let the tailgater pass. This will reduce the risks they’re facing on the road, and safety should always be their priority.Exactly how they get the tailgater to pass depends on the situation. For instance, maybe the tailgater is just impatient and looking for space to pass. The front driver may gradually reduce their speed by taking their foot off of the gas, giving that rear driver more space to make their passing maneuver.In other situations, the front driver needs to find a safe place to pull over. This could be a parking lot or just a safe area on the side of the road. You often see pull-off areas on smaller gravel roads, for instance, so that slower traffic can pull to the side and let others pass easily.
Have you been injured?
Even if you try to deal with a tailgater appropriately, they could cause an accident that leads to serious injuries. If so, be sure you know how you can seek financial compensation.
]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502282024-01-29T15:49:02Z2024-01-29T15:49:02ZWhether your child will be starting or is already going to college close to home here in Iowa or at an out-of-state school, you hope their only contact with campus police officers is when they need to ask for directions. Unfortunately, that’s not the case for many college students.
Even kids who have never gotten in trouble while living at home can find themselves in very serious trouble when they’re suddenly exposed to a wide range of people – many of whom are older than them. Even if they’ve done nothing illegal, they might be in the wrong place at the wrong time and find themselves being questioned or even detained by campus police. Their attitude toward these officers can in part determine the ultimate consequences they end up facing.
The authority of university police departments
Some college students don’t consider campus police officers to be “real” police. In fact, on many campuses, they are. For example, officers who work for the University of Iowa Police Department are “state-certified, and enforce state, local, and federal laws.” The UIPD has a canine team trained to detect explosives and is part of a number of multi-jurisdictional teams that work with other law enforcement agencies in the area.Some schools contract out their security, but you can be sure that these personnel work closely with local law enforcement agencies in their communities and beyond. Therefore, it’s never wise to treat these officers disrespectfully or ignore them.
College students have rights
Another thing it’s key for your college student to remember is that they have constitutional rights. It’s especially crucial for them to know when and how to assert these rights. This includes their right to have legal representation before being interrogated. A criminal conviction can have consequences to a college student’s education and far into the future. They shouldn’t face the justice system alone.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502262024-01-12T12:07:38Z2024-01-12T12:07:38ZAll high school students and many college students are not old enough to drink. They need to be 21 years old, and drinking underage is generally illegal. There are some situations in which parents can authorize it, but minors are not allowed to buy alcohol or possess it themselves.
Of course, that doesn’t mean that it won’t happen. A lot of drinking happens at high school parties or social gatherings in college. In fact, college is well known for its party scene, despite the fact that drinking is probably only legal for about half of the college population. One of the main reasons for this is just peer pressure.
A new social setting
What often happens is that young people arrive at college and they have a brand new social setting. They don’t know anyone. Everything is unfamiliar. Life feels more unstable. They want to make friends and socialize, and they’re trying to put their best foot forward.So, someone who has never had alcohol before may find themselves out at a college party where a lot of people are drinking. Many of these individuals may have started in high school, so they don’t view it as a big deal. They may pressure this new person to also partake and have a few drinks. That individual never would have done so if they were in their dorm room by themselves, but the pressure to fit in with that new social group will cause them to break the law.Getting arrested for underage drinking in college can have a major impact on a young person’s future. Students and their parents need to understand all of their legal defense options.
]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502242024-01-02T14:06:15Z2024-01-02T14:06:15ZThe hidden dangers of delayed medical attention
In the chaotic aftermath of a car crash, adrenaline levels surge, often masking the true extent of injuries. Since you may feel fine initially, underlying injuries might not manifest immediately. Seeking prompt medical attention helps uncover hidden injuries that could worsen over time if left untreated.
Delaying medical attention can also have adverse effects in legal proceedings following a car crash. Insurance companies and legal entities often scrutinize the timeline of medical treatment. Immediate medical attention provides crucial documentation linking injuries to the accident. This can strengthen your case in legal matters.
The importance of professional medical evaluation
Addressing injuries as soon as they happen also helps prevent long-term complications. Conditions like whiplash or soft tissue injuries, if left undiagnosed, can lead to chronic pain and reduced mobility. Early medical intervention sets the foundation for a smoother recovery and reduces the risk of lasting complications.
Beyond physical injuries
Car crashes can have a profound psychological impact on victims, often leading to conditions like anxiety and depression. Immediate medical attention can connect individuals with mental health resources, fostering emotional recovery alongside physical healing.
Essentially, prompt medical attention sets the stage for a comprehensive recovery plan. Physicians can coordinate with specialists, physiotherapists and mental health professionals to help ensure holistic care, addressing all aspects of the aftermath of a car crash.
The importance of seeking immediate medical treatment after a car crash cannot be overstated. Don't overlook the significance of prompt medical care—it can safeguard your health and also strengthen your position in legal matters. Top of Form
]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502222023-12-12T23:57:03Z2023-12-12T23:57:03Zcollege students while driving, and shedding light on these challenges can help guardians advocate for their teenager’s safety on the road.
Many students enjoy driving with passengers in the car, and the more passengers they ferry, the more distracted they will almost inevitably become. Moreover, the advent of technology has normalized texting behind the wheel, a distraction that poses a significant risk to other road users.
The smartphone dilemma
In an age dominated by technology, smartphones have become indispensable. College students, known for their tech-savvy nature, are sometimes unable to resist the allure of their devices even when behind the wheel. The temptation to check messages, respond to notifications or engage in social media activities poses a significant threat to road safety. Smartphone use has been a major contributor to the rising number of accidents involving college students.
In-car entertainment systems
Modern vehicles come equipped with sophisticated in-car entertainment systems that offer a plethora of options to enhance the driving experience. While these systems aim to provide entertainment and convenience, they can inadvertently contribute to distracted driving among college students.
Navigating through various music playlists, adjusting settings or even engaging with GPS functions on these systems diverts attention from the road. College students, in their quest for an enjoyable drive, might find themselves tinkering with these features, unwittingly compromising their safety and the safety of others on the road.
In-car conversations
The camaraderie among college students is undeniable, and the desire to share rides with peers is common. However, in-car conversations can prove to be a significant distraction for young drivers. Engaging in animated discussions or heated debates diverts attention from the road ahead, leading to a potential compromise in driving safety.
From the pervasive influence of smartphones to the allure of in-car entertainment systems, the distractions are numerous. Understanding the unique challenges faced by college students behind the wheel is essential for fostering safer driving habits.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502202023-12-05T03:00:17Z2023-12-05T03:00:17ZEstablishing fault in a car accident
There were 53,644 car accidents in Iowa in 2022, injuring 16,845 people and killing 338. In many of these crashes, more than one driver shared fault.
If the other driver is to blame for causing your accident, you may be able to file an insurance claim. You will need clear evidence demonstrating the at-fault driver's responsibility for the accident.
In Iowa, car accident negligence laws follow a modified comparative fault system. This means that if you share less than 51% of the fault for the accident, you may seek compensation. However, your degree of fault reduces your potential compensation amount. If found more than 50% responsible, you may not recover damages.
Insurance coverage
The at-fault driver's insurance coverage plays a pivotal role. Their insurance policy should cover economic damages resulting from the accident, including medical expenses and property damage. However, seeking compensation for tuition may not be straightforward.
Tuition is a non-economic loss, and seeking compensation for such losses can be challenging. Insurance companies often balk at paying non-economic damages, such as the impact on academic pursuits.
For a student to seek compensation for tuition, they should document the impact of the car accident on their education. This includes providing evidence of the inability to attend classes, complete assignments or fulfill academic requirements due to the injuries sustained.
Settlement offers
Carefully consider before accepting an insurance company's first settlement offer after an accident. Initial offers often fall short of fully compensating for non-economic damages like pain and suffering and lost tuition.
Remember, you have the right to negotiate for a higher payout. Rushing to accept may limit your ability to seek fair compensation for your injuries and overall damages.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.com/?p=502182023-11-30T18:48:42Z2023-11-30T18:48:42ZTruck accidents are among the most devastating and deadly types of crashes on the road. They can cause severe injury or death to those occupying a smaller vehicle, as well as damage to property and the environment.
According to the National Highway Traffic Safety Administration (NHTSA), more than 4,000 people died in truck accidents in 2020. But what are the most common and dangerous types of truck accidents?Here are three truck crashes that injure and kill thousands of Americans every year:
1. Underride crashes
You probably know that tractor-trailer rigs sit higher off the road than passenger vehicles. Unfortunately, this height disparity can lead to tragic results if the smaller vehicle slides underneath the truck or the trailer during an accident. Underride accidents typically result in catastrophic injuries to the upper part of the body and sometimes even death.
2. Truck rollovers
Rollover truck accidents occur when a large commercial vehicle tips onto its side or roof. Two common causes of rollovers are taking turns too quickly and carrying an uneven or unbalanced load. Unfortunately, the biggest danger in a rollover accident is becoming crushed by a heavier and larger commercial vehicle.
3. Head-on collisions
When two moving vehicles collide head-on, someone is sure to get hurt, usually one of those in the smallest involved vehicle. Since most head-on collisions are avoidable, negligence is often a factor in such accidents. For example, the trucker may have been tired, distracted, impaired or in violation of a traffic law and thus responsible for your injuries.When a motor vehicle accident leaves you severely injured, you need the financial compensation you are due. An unfair injury settlement can make it hard to pay for the medical care you may need to enhance your recovery. Consider learning more about accident and injury laws in Iowa and seek a legal opinion if you have problems with your accident claim.]]>