Council Bluffs Personal Injury Lawyer - Automobile Accidents - Most Popular

Do I Owe ANY TAXES From My Personal Injury Settlement or Lawsuit Verdict?

Craig Kelley — Fri, 25 Apr 2008 01:19:00 GMT

Today is Tax-PAY day, the day that millions of Americans hurry to the post office in the age-old tradition of filing taxes right at or on the April 15th deadline, IF they owe. The rest of the American public has long ago filed their return early, if they are getting refund!

The question almost always arises from our current and prospective clients as to what their tax liability is for a settlement or lawsuit victory.

Although the correct way to deal with any questionable tax situations is to visit a qualified tax professional or accountant, the chart below is an excellent starting guide on what areas, if any, a person can expect to owe taxes as a result of settlement or trial. The Federal law regarding damages obtained in a settlement or trial changed in 1996, and many of the changes have not been tested yet in a Tax Court.

Here is the chart for your reading pleasure:

	Taxable
Type of Recovery or Settlement	Yes	No
Punitive Damages:
Of All Types, Even If Physical injury Is Involved	X
Special Wrongful Death Circumstances		X
Compensatory Damages For:
Emotional Distress (or any other form of mental anguish)	X
Physical Manifestation of Emotional Distress	X
Physical Injuries Accompanied By Emotional Distress		X
Wrongful Death		X
Lost Services of Injured Offspring		X
Serious Emotional Distress Caused By Tortious Physical Contact Where There Is No Substantial Bodily Injury		?
Lost Wages "On Account Of" Physical Injury Or Sickness		X
Lost Consortium Due To Spouse's Physical Injury		X
Bystander Claims of Negligent Infliction Of Emotional Distress		X
Lost Personal, Business, Or Credit Reputation	X
Wrongful Discharge And Other Common Law Employment Tort Theories Without Resulting Physical Injury Or Sickness	X
Medical Expenses Incurred, Including Those Expenses Attributable To Emotional Distress		X
Attorney's Fees Associated With Nontaxable Damages		X
Pre-Judgment and Post-Judgment Interest	X
Interest Component of Otherwise Nontaxable Structured Settlements		X
Interest Earned On Lump Sum Judgments or Settlements	X

STATUTORY RECOVERIES

Most of the principles on which the above table is based also apply to the taxability of compensatory payments under various statutes listed below:

	Taxable
Type of Statutory Recovery	Yes	No
Survival
Worker's Compensation Benefits		X
Retaliatory Discharge Claims/ Filing For Worker's Compensation	X
Supplemental Disability Benefits to Injured Police/Firemen		X
Teachers' Sick Leave Payments		X
Certain Claims For Injury In Federal Government Active Service		X
Age Discrimination In Employment Act (ADEA)	X
Scheme To Reduce Pension Benefits Under ERISA	X
Discrimination Under Civil Rights Act of 1866 (Section 1981)	X
Discrimination Under Title VII of Civil Rights Act of 1964, as amended	X
Americans With Disabilities Act of 1990, as amended	X
Fair Housing, Under Civil Rights Act of 1968	X
Fair Labor Standards Act	X
Deprivation of Constitutional Rights, Privileges Or Immunities	X
Equal Pay Act of 1963 ("EPA")	X
Texas Commission on Human Rights Act of 1983	X

The IRS also has very thorough literature available on its website.

Tax consequences are just another one of MANY reasons why you should hire a Personal Injury Attorney to handle your claims AND draft your settlement release documents.

Originally posted at InjuryBoard by Craig Kelley

Intersection Red-Light Traffic Violation Cameras: A Help, Hindrance (Causing MORE Accidents) and/or Unconstitutional?

Craig Kelley — Tue, 06 May 2008 08:21:54 GMT

Are they FAIR? They ticket the car owner, NOT the driver (they can't), and the violators receive civil fines, NOT criminal citations registered with the "Iowa Department of Transportation. The Iowa Supreme Court will hear all of the constitutional arguments and render a decision.

Do they work? Do people learn where these cameras are located, and avoid the "orange" light intersection throttle-through? Result: government coffers suffer from less ticket revenue. Even with less tickets and government revenue, the safety element (LESS intersection collisions) would seem to be a big remaining positive, but are they more safe?,

It ALSO appears that the result may be MORE REAR-END collisions as people slam on the brakes at yellow lights at camera-ed corners.

Do the cameras fairly raise funds for local and state governments while making intersections safer and cutting the number of dangerous T-Bone collisions at these intersections, OR unfairly target unsuspecting and unknowing drivers while causing more high-speed rear-end collisions as the knowing drivers, that are familiar with these intersections, slam on their brakes to avoid the cameras

Stay tuned

Originally posted at InjuryBoard by Craig Kelley

Toyota Recall

John Inserra — Wed, 30 Sep 2009 12:01:17 GMT

Just yesterday, Toyota released a safety advisory on their floor mats. There is potential for an accelerator pedal to get stuck in the full open position because of an incompatible or unsecured driver’s floor mat. A mat can become unsecured from a driver going at a high rate of speed which could make it difficult to stop the car. This can then lead to a crash causing serious injury or even death.

The safety advisory said that Toyota is asking owners of Toyota and Lexus models to take out any removable driver’s floor mat. Toyota also advices these owners to not replace it with any other type of floor mat. The following models are the ones who are affected:

2007-2010 Tundra
2007-2010 Camry
2005-2010 Tacoma
2005-2010 Avalon
2004-2009 Prius

Here are some direct recommendations Toyota is making:

“Should the vehicle continue to accelerate rapidly after releasing the accelerator pedal, this could be an indication of floor mat interference. If this occurs, Toyota recommends the driver take the following actions:

First, if it is possible and safe to do so, pull back the floor mat and dislodge it from the accelerator pedal; then pull over and stop the vehicle.

If the floor mat cannot be dislodged, then firmly and steadily step on the brake pedal with both feet. Do NOT pump the brake pedal repeatedly as this will increase the effort required to slow the vehicle.

Shift the transmission gear selector to the Neutral (N) position and use the brakes to make a controlled stop at the side of the road and turn off the engine.

If unable to put the vehicle in Neutral, turn the engine OFF, or to ACC. This will not cause loss of steering or braking control, but the power assist to these systems will be lost.

-If the vehicle is equipped with an Engine Start/Stop button, firmly and steadily push the button for at least three seconds to turn off the engine. Do NOT tap the Engine Start/Stop button.

-If the vehicle is equipped with a conventional key-ignition, turn the ignition key to the ACC position to turn off the engine. Do NOT remove the key from the ignition as this will lock the steering wheel.”

If you have any questions, please call Toyota Customer Experience Center at 800-331-4331.

Originally posted at InjuryBoard by John Inserra

Voice Your Support for House File 128, The Bicycle Bill. It's Not too Late!

Sarah Cool — Mon, 01 Jun 2009 15:26:48 GMT

Not long ago, we shared information a bicycle ride that was heading toward the state capital to show support for Senate File 117, a bill that would increase safety measures for bicyclists. Some are terming the bill a “bicyclist’s bill of rights.” Currently, the bill is still making its way through the Iowa House of Representatives as House File 128. Many cycling organizations and communities are still asking Iowans to contact their representatives and voice their support for the bill. This is especially true as another bicycling accident made the news today about a Polk County Sherriff’s Office employee who was badly injured while riding alongside traffic. The employee, Leesa Shoemaker, was badly injured when a passing vehicle failed to overtake her bicycle properly. This is the kind of accident that the bicycle bill is meant to prevent. Shoemaker spent a number of days in the hospital before being released, and is just another victim in a series of bicycle and automated vehicle accidents that prompted the bill’s creation.

It is not too late to voice your support. You can email the following or use the information below to contact the legislature:

1. Speaker Pat Murphy from Dubuque - Pat.Murphy@legis.state.ia.us
2. Majority Leader Kevin McCarthy from Des Moines - Kevin.Mccarthy@legis.state.ia.us
3. Transportation Chair Brian Quirk New Hampton - Brian.Quirk@legis.state.ia.us
4. And your state representative:

You can find contact info. for your legislators here:
www.legis.state.ia.us/FindLeg/

You can also call them at: 515-281-3221

Originally posted at InjuryBoard by Sarah Cool

Bicycle Ride to Protest Accidents and to Support Bicycle Safety Bill Takes Place Tomorrow

Sarah Cool — Thu, 16 Apr 2009 19:09:25 GMT

Tomorrow, more than a hundred and as many as five hundred cyclists will take to the streets of Des Moines to protest a severe problem in Iowa – bicycle safety. Just last weekend, two bicycle accidents heightened awareness about the need for new legislation to protect cyclists. On Saturday, Doug Smith was run down by a motorist while riding his near Winterset. While Doug is currently recovering in at Methodist Hospital, he sustained life threatening injuries. A Des Moines resident, Smith was struck by a anhydrous ammonia tank that was being pulled by a truck that passed him on the road. John Lynch, the driver of that truck, was attempting to pass the cyclist in a no-passing zone, according to the Madison County Sheriff’s Office. When Lynch pulled back into his lane, the back tank swung wide and collided with Smith. The accident is just one of a rash of accidents that have occurred between motor vehicles and cyclists. Earlier this year, Ken Sherman was riding through an intersection in Des Moines when he was struck and injured. Sherman was struck when a motorist failed to yield to him, but the police failed to even issue a citation to the motorist – despite the police finding that the motorist was at fault.

In the wake of these accidents, Iowans are encouraged to support Senate File 117, a bill aimed at increasing bicycle safety. Among numerous protections for cyclists in the bill, motorists would be required to pass on the left and not return to the right until the way was clear, all while maintaining at least five feet of distance from cyclists. Another change would require the use of signals and prohibit motorists from entering intersections that are not clear. Both of these improvements could have helped Smith and Sherman. Supporters hope that the improvements will secure safe cycling for others, and prevent some of the tragic and severe accidents that have been occurring.

Senate File 117 was proposed even before the accident that struck down Smith, but the bill failed despite passing in the Senate. It missed a crucial funnel date, but the House can still consider the bill – which needs your support. The bill would provide necessary protections for cyclists and give cyclists some of the protection already enjoyed by pedestrians. Tomorrow, protestors of the accidents and supporters of the bill will ride from Rasmussen’s Bike Shop in Des Moines to the state capital to make their voices heard. To show your support, you can join the ride that is leaving 301 Grand Avenue in West Des Moines at 5:30 PM. Or, email your legislators to voice support for the bill.

Originally posted at InjuryBoard by Sarah Cool

Omaha/Council Bluffs Metro Area Ranks As One Of The Top 10 Dangerous Drunk-Driving Cities

Craig Kelley — Sun, 13 Apr 2008 10:40:53 GMT

I am very sad to report:

1. In 2006, an estimated 17,602 people died in alcohol-related traffic crashes—an average of one every 30 minutes.

2. These deaths constitute 41 percent of the 42,642 total traffic fatalities during that year.

3. Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders.

These statistics are from the Mothers Against Drunk Driving (MADD) website:

I am also sad to report that that the Omaha/Council Bluffs metropolitan area is ranked #4 in "10 most dangerously drunk cities", joining Denver, Anchorage, Colorado Springs, Fargo, San Antonio, Austin, Fresno, Lubbock and Milwaukee, according to Men's Health Magazine. Other statistics of interest include:

1. About three in every ten Americans will be involved in an alcohol-related crash with a drunk driver at some time in their lives.

2. The rate of alcohol impairment among drivers involved in fatal crashes is four times higher at night than during the day (36% versus 9%), so beware and watch for drunk drivers after dark!

3. Alcohol-related crashes in the United States cost us, the public, an estimated $114.3 billion in 2000. People other than the drunk driver paid $71.6 billion of the alcohol-related crash bill, which is 63 percent of the total cost of these crashes.

These "sobering" statistics tell us that we need to be extra careful, and on the lookout at all times, especially after dark. DRIVE SAFE!

Originally posted at InjuryBoard by Craig Kelley

Nebraska Legislature Becomes One Of Few States To Require Ignition Interlock Devices

Craig Kelley — Mon, 14 Apr 2008 01:06:00 GMT

Last week, the Nebraska State Legislature gave final approval to Legislative Bill 736, which expands current interlock legislation to require the installation of an alcohol ignition interlock device for both first and second drunk driving convictions. The bill now goes to Gov. Dave Heineman's desk, who has expressed support for traffic safety initiatives.

Nebraska joins other states taking the lead, including Washington, West Virginia and New Mexico, which have passed similar laws this year to require alcohol ignition interlocks for drunk drivers, in an effort to prevent further accidents and injuries by these traffic menaces.

Ignition interlocks will be used as a condition of probation for drunk driving offenders after their driver's licenses have been reinstated. An alcohol ignition interlock is a breath test device linked to a vehicle's ignition system. When a convicted drunk driver wishes to start his or her vehicle, he or she must first blow into the device, and the vehicle will not start unless the driver's alcohol level is below the predetermined limit. Studies have shown the devices are up to 90 percent effective in keeping both first-time and repeat offenders from recommitting the crime, as long as the interlock is installed on the vehicle.

"Since research shows that two-thirds of those whose licenses are suspended for drunk driving drive anyway, this new law will be a win-win for all involved" stated Alex McHugh, President of Ignition Interlock Services at Stereo West Auto Toys, which installs the devices in the Omaha/Council Bluffs and Lincoln areas. http://www.stereowestautotoys.com/

It has been estimated that nationally only one in eight convicted drunk drivers each year currently get an alcohol ignition interlock device, and most of those are repeat offenders.

I applaud Senator Tony Fulton and the Nebraska Unicameral for making Omaha (and thus Council Bluffs) and all of Nebraska a safer place starting very soon.

Originally posted at InjuryBoard by Craig Kelley

Council Bluffs Car Accident Injures Man

Shannon Weidemann — Thu, 19 Apr 2007 15:34:49 GMT

A 39-year-old man was driving his car on Interstate 80 in Council Bluffs when his car swerved and hit a car parked along the shoulder. The Missouri Valley man was trying to get something from the passenger side of the car just before hitting the parked car.

The victim's

vehicle then went to the left across two lane of traffic and came to a stop in the median.
He was transported to Alegent Health Mercy Hospital, Council Bluffs, by Council Bluffs Fire and Rescue, where he was, reports said, treated for facial lacerations and a broken neck, then released with a neck brace.

The police wrote him a ticket for failure to maintain control. The accident happened early in the morning.

Originally posted at InjuryBoard by Shannon Weidemann

Car hits Woman In Parking Lot

Chrissie Cole — Mon, 23 Feb 2009 18:12:00 GMT

Police are questioning a person they took into custody just a few blocks from a hit-and-run accident that sent a woman to the hospital.

Witnesses said the driver of a white Ford Taurus struck the woman in the parking lot of the Driftwood Inn at 12:30 a.m. Sunday. The driver also hit several vehicles in the parking lot, witnesses said.

Although the woman was not seriously injured, she was taken to the hospital as a precaution, police said.

Officers are still investigating the incident and did not comment at the scene.

If you or a loved one has been in a car accident or the victim of a hit and run, please visit our Auto Accident Help Center for more information.

Originally posted at InjuryBoard by Chrissie Cole

The Insurance Co. Wants Me To Give a Recorded Statement - What Should I Do?

Craig Kelley — Sat, 19 Apr 2008 01:29:00 GMT

After 22 years of practicing law I can think of only two reasons why insurance company adjusters want to talk with the person who will be asking their company for money, and neither reason is good for you. First, they want you to admit some fault in the accident and then charge a % of accident fault to you. Second, they want to document your injuries at a point in time where you might not even understand them, or even be aware of all of the injuries you are suffering

Insurance company adjusters are taught to be noncommittal about fault, and to inform you that they need a little more information before making any decisions. This delay tactic is taught to allow them the opportunity to get you to say something on the record that is damaging to your case, on tape or by digital recording. Because even if the police report and all the witnesses agree you were not at fault, if you admit some fault, then your case is weakened by a percentage of contrubutory negligence. Adjusters really have no reason to talk with you except to get you to say something about the facts OR your injuries that will allow them to either deny your claim or to pay you less than you deserve. There is NO other reason for them to talk to you. Consult a lawyer - you may need representation.

The adjusters will NEVER tell you this, but you can decline to give a recorded statement. There is no law that requires you to give the opposition a recorded statement; unless of course you've filed suit with your hired attorney. Then you will be required to give a deposition which is a sworn statement under oath where you are questioned by an attorney, with your attorney present with you.

There is nothing wrong with refusing to give a recorded statement to the opposing adjuster, and it is perfectly fine to decline such an invitation by the adjuster for the other at-fault driver's insurance company. Simply say that until you are represented you would rather not give a recorded statement. If the adjuster insists or implies that by refusing to do so you are admitting fault OR that he or she will not admit fault on the part of his or her company's driver, then that adjuster is making it perfectly clear to you that you need to hire a lawyer.

Many people believe being honest is the best policy and thus will accept the insurance adjuster's request/demand to submit to a recorded statement, because they feel to do otherwise may appear dishonest. Honesty has nothing to do with declining this invitation until you are represented and have an opportunity to be prepared by a lawyer to give the statement in a proper way that doesn't hurt your claim. Until a lay person understands how false impressions can be created through the questioning by highly skilled and trained insurance adjusters, they are at a decided disadvantage by giving such a statement.

So my advice is simple and alsways the same, turn down the request or demand that is coming to allow a recorded statement by the adjuster, and consult a lawyer. And it should be a personal injury lawyer from Injuryboard familiar with the process who knows how to prepare you to understand the statement process. Not only do we prepare our clients for the statement process, but are present with the clients wen they give their recorded statements.

SUMMARY: Consult legal counsel before giving recorded statement to insurance carrier adjusters, and protect your legal rights!

Originally posted at InjuryBoard by Craig Kelley