Personal Injury

Experienced Legal Representation for Serious Legal Matters
Council Bluffs, Iowa Personal Injury Lawyers Since 1952

Telpner, Peterson, Smith, Ruesch, Thomas & Simpson, LLP
Serving Southwest Iowa and Omaha, Nebraska

If you have been injured due to the fault or negligence of others, you need professional assistance to ensure a fair recovery from the negligent party, and/or their insurance company.

Experienced Iowa Personal Injury Lawyers
Most personal injury claims involve individuals that have been injured in car accidents. However, we also represent those unfortunate enough to have been injured in a slip and fall, through medical malpractice, by dangerous or defective products, and even dog bites. Claims are generally made for medical expenses, lost wages, pain and suffering, and lost earning capacity.

Here at Telpner, Peterson, Smith, Ruesch, Thomas & Simpson, LLP, we represent the injured individual, not the party who is at fault or negligent, and not the negligent party's insurance company. Walter P. Thomas is our principal personal injury and workers’ compensation lawyer. He will battle the insurance companies to get the maximum settlement you are entitled to. All personal injury cases are taken on a contingency fee basis. This means that our fee is dependent upon the amount of recovery we are able to get for our clients. There is no fee for the initial or subsequent consultations. We have evening and weekend appointments available.

The following overview about personal injury law is intended to be general. It is not necessarily specific to your situation. For answers to your particular questions, contact Telpner, Peterson, Smith, Ruesch, Thomas & Simpson, LLP.


The Law Offices of Telpner, Peterson, Smith, Ruesch, Thomas & Simpson, LLP
25 Main Place, Suite 200
Council Bluffs, IA 51503
Map

Phone: (712) 325-9000
Toll Free: (888) 223-3323
Fax: (712) 328-1946

Telpner, Peterson, Smith, Ruesch, Thomas & Simpson, LLP, located in Council Bluffs, Iowa, represents clients throughout southwest Iowa in communities such as Missouri Valley, Logan, Harlan, Atlantic, Glenwood, Red Oak, Avoca, Carter Lake, Sidney, Shenandoah, and Clarinda, and in Omaha, Nebraska.

Pottawattamie County • Harrison County • Shelby County • Cass County • Mills County • Montgomery County • Audubon County • Fremont County • Page County

Motor Vehicle Accidents - An Overview

Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a lawyer can help you sort out your rights, your options and your future. Contact an attorney to find out more.

At-Fault, Negligent and Aggressive Drivers

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.

Sources of information on the accident include police reports, witnesses and the condition of the vehicles involved in the accident. They could reveal what happened and why.

Actions, on the part of either driver, that may have contributed to the accident include:

  • Failure to stop at a red light or stop sign
  • Driving under the influence of alcohol or drugs
  • Failure to compensate for dangerous weather conditions
  • Driving above or below the posted speed limits
  • Driver distraction caused by a cell phone, passenger, radio or another source
  • Failure to obey traffic laws regarding turn signals, right-of-way and other rules

Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of the driver’s actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to injuries and criminal charges. Generally, aggressive drivers are a serious threat to safety. Speeding and taking other risks contributes significantly to highway and other fatalities.

It is important to avoid confrontation with road-rage drivers and aggressive drivers. You have a better chance of staying safe if you:

  • Get out of the way
  • Avoid eye contact
  • Refuse to make or return obscene gestures
  • Let go of your pride for a while; don’t challenge the other driver
  • Report the aggressive driving to the authorities, stopping in a safe spot to use your cell phone if necessary

Drunk Driving

In the US, someone dies every 30 minutes in an alcohol-related crash; someone is non-fatally injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove while intoxicated. If you have been in an accident involving alcohol or drugs, seek the help of an attorney who will explain your legal options.

Auto Accidents Not Caused by the Drivers

Sometimes, no matter how carefully you drive, you cannot avoid an accident. In certain cases, a vehicle’s manufacturing or design defect causes the accident or makes it worse. This might happen if, for instance, the brakes on your car fail or the airbag does not deploy when it should. The law of products liability applies in this situation, protecting consumers when products create an unreasonable risk of harm. If a product defect caused your injuries, you may have a case against the designer, manufacturer or distributor of the product.

Another responsible party could be a mechanic who improperly repaired the car that caused the accident. Both the mechanic and the mechanic’s employer could be liable in such a case.

Finally, poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems can contribute to an accident. Government entities are typically responsible for the roads and highways; they may, therefore, be liable for accidents caused by the above factors. Special rules, however, apply to lawsuits against government entities; a lawyer will be able to explain them in detail.

Schedule a Consultation

It is important to take prompt action when you have been in a motor vehicle accident. This will help you preserve your rights and seek proper compensation. Contact an attorney for help.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Every year, more than 90,000 people die in the United States as a result of unintentional injuries. If you have been recently injured or diagnosed with an illness, contact our office to see if you could be entitled to compensation for your injuries.

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