We live in a society in which alcohol is widely used in social and recreational settings and a society that is highly dependent upon cars. As a result, the two activities often cross paths. Every year hundreds of Iowans are killed and injured because of drinking and driving. OWI- operating while intoxicated is the most commonly filed indictable crime in Iowa. Nonetheless, many people attempt to use alcohol in a responsible social manner and then drive home. However, they are taking a huge risk by doing this. Not only are they a more dangerous driver after drinking, they run the risk of being stopped by a police officer and being required to be tested for sobriety. They might pass the sobriety tests, or they might not. If they don’t pass, then they will likely be arrested, prosecuted, lose their driver’s license, receive a fine, likely spend time in jail, and pay higher car insurance premiums.

The best way to avoid being charged with drinking and driving is to not drink and drive. However, if the solution were this simple then the problem would not exist. The widespread social use of alcohol and lack of transportation alternatives results in the two activities occurring together. Therefore, it is important to know how much is enough and how much is too much.

Alcohol impairment is rated by the blood alcohol percentage. A blood alcohol reading of .08 is the presumptive level of intoxication. A driver with a level of .08 or more is breaking the law, even if they seem to be in control of themselves. A driver with a level of less than .08 is breaking the law if the person is under the influence of the alcohol. “Under the influence” means that for a person, by reason of drinking, any of the following is true: 1) their reason or mental ability has been affected; 2) their judgment is impaired; 3) their emotions are visibly excited; or 4) they have, to any extent, lost control of bodily actions or motions. It is important to realize that at a blood alcohol level of .05 a person is five times more likely to get into an accident than if they had not been drinking at all. The point to remember is that a driver who is “under the limit” can still be charged with being “under the influence”.

The general rule is that one beer, one shot, one mixed drink, or one glass of wine will give a person a blood alcohol of .02. It can be more or less than this based upon body weight and tolerance levels, but this is the general rule. The other general rule is that the body will break down and eliminate .02 worth of blood alcohol per hour. Only the passage of time will lower the blood alcohol level. Drinking black coffee or eating a late night meal might make a person feel more alert, but it won’t lower the blood alcohol level. An estimated blood alcohol level can be calculated by adding together the number of drinks and multiply it by .02 and then subtracting the number of hours elapsed and multiplying it by .02. (Number of drinks x .02) – (Number of hours elapsed x .02) = Blood Alcohol level. Also, it is possible to purchase personal alcohol breath testers. Such a device is a good way for a person to gauge just how much their favorite alcoholic beverage affects their blood alcohol level which may enable a person to use alcohol more responsibly. Another general guideline is that at a level of .05 a person’s friends or family can probably tell that the person has been drinking; at .10 strangers will probably be able to tell; and at .15 it is obvious to all that a person has been drinking.

By far the best method if you are going to drink outside of your home is to use a “sober” designated driver. A designated driver is a person who does not drink at all and serves as the driver for a group of friends who are using alcohol. Unfortunately, sometimes the designated driver is a person who just doesn’t drink as much as everybody else, or who stops drinking at a certain time. This type of designated driver defeats the purpose and gives everybody a false sense of security. You can also call a taxi, if available, or call a sober family member or friend to pick you up.

Some people will choose to use alcohol in a moderate responsible manner and operate a car. If you make this choice and wish to avoid an encounter with the police, it is vital that you drive the car in a flawless manner. This means, among other things, that the driver should know where he/she is going, make sure all lights are working, use turn signals, obey the speed limit, make complete stops at stop signs, do not run red lights, do not try to beat yellow lights, make sure the registration sticker is current, yield the right of way when required, drive defensively, and do not drive aggressively. Also, keep in mind, the party stops in the car. Do not have open containers of alcohol in the car, keep the music turned down and keep alcohol in the trunk. Remember, sometimes a little is worse than a lot. A driver feeling the exuberance of a few drinks might call more attention to himself than a driver who thinks he has had one too many and is trying to be extra careful to get home.

The costs associated with an OWI are high even if nobody gets hurt. However, in a case involving death or injury, it gets much, much worse. No one ever sets out with any of that in mind so the best course of action is to not drink and drive.

If you or a loved one have been injured by a drunk driver then you should know: ? 6 Things to Know Before Talking to the Insurance Adjustor ? 5 Things to Know Before Hiring an Attorney ? 10 Myths about Car Accidents A new FREE Book reveals these and much more. Why offer a Free Book? For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of Iowans injured in car accidents. He has seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about car accidents in the comfort of your own home with no risk or obligation. However, this is a limited offer with only 27 copies available so to learn how to avoid costly mistakes Call Now (800)-707-2552, ext. 710 (Recorded Consumer Awareness Message). For more information go to www.IowaCarAccidentBook.com.

Every summer people gather with friends and family at lakes around the state to enjoy the warm weather and cool water.  Favorite lake activities often include water skiing, tubing, fishing and other boating activities.  In order to reduce the risk of injuries, Iowa has passed laws concerning alcohol and boating.  A person can be charged with boating while intoxicated if their blood alcohol content is .10% or greater.  Any person who operates a motorboat or sailboat on navigable waters gives consent to a blood, breath, urine or chemical test to determine if the person is intoxicated, if reasonable grounds exist to believe the person is intoxicated or under the influence.  Refusal to submit to a test will result in a fine of at least $500 and a suspension of boating privileges for at least one year.

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A boating while intoxicated first offense carries a minimum 48 hours in jail, a $1,000.00 fine, a suspension of boating privileges of one year and attendance at a course for drinking drivers.  A second offense requires 7 days in jail, a fine between $1,500 and $5,000, a suspension of privileges for two years and the drinking drivers’ course.  Third offense boating while intoxicated is a Class “D” Felony and may result in 5 years in prison in addition to enhanced fines and a six year boating privileges suspension.  Boating while intoxicated offenses apply only to the operator of the boat and Iowa law allows passengers of legal age to consume alcohol.  A boating while intoxicated conviction does not affect a person’s drivers’ license.

Flip-flops and Crocs have become staples of fashion for children, but could they be an injury waiting to happen?  Studies have shown that not only are the shoes not good for your feet, they can be very dangerous on escalators and other surfaces.  The American College of Foot and Ankle Surgeons has an increase in reported injuries every spring and summer directly related to wearing flip-flops.  Flip-flops were designed to be worn for short walks to and from the beach or pool, not as all day footwear.  In addition, there has been a sharp increase in injuries reported with people wearing Crocs on escalators. 

The U.S. Consumer Product Safety Commission statistics show that there were more than 10,000 injuries on escalators in 2007, while there was only one reported in 2006.  Many parents are reconsidering purchasing these shoes or making sure they limit how and when they are worn.  The slip resistant nature of Crocs seems to be the cause of the escalator injury because the shoe catches in the step and gets sucked into the escalator causing foot injuries.  As summer approaches, it is important to consider whether these types of shoes are really a smart choice.  If you do wear them, or allow your kids to wear them, remember what uses they were designed for and limit use to the appropriate activities.  For more information go to www.IowaInjuryBook.com.

The U.S. Supreme Court is set to hear arguments this week in what has been the longest court case in history. In 1989, the Exxon Valdez ran aground dumping millions of gallons of oil into the ocean. The captain of the Valdez was reported to be intoxicated, but his criminal charges were later dismissed. According to plaintiffs, Exxon knew the captain had began drinking again after seeking alcohol treatment, but the company still put him at the helm of the nearly 1,000 foot ship.

Last year, the U.S. Supreme Court granted Exxon’s writ of certiorari to review punitive damages ordered against it. In 1994, an Anchorage, Alaska jury handed down a verdict in favor of a group of Alaskan residents whose fishing and other businesses were damaged by the oil spill and the wildlife it killed. The original judgment amount was $5 billion which has been reduced by the appellate court to $2.5 billion on appeal. Exxon’s argument is that they should pay no punitive damages because they have already paid clean-up costs and government fines. What are Punitive Damages? Punitive damages are damages which are designed to punish the responsible party and to deter others in an attempt to prevent future bad conduct. Yes, justice delayed is sometimes justice denied and this case has set a new record for delay and it is still not over. Ironically, last week Texas based Exxon Corporation reported a record corporate profit of $40.6 billion for 2007.

Each year Injured Iowans lose their work injury, car accident and personal injury claims because they fail to protect their rights. Some fail to bring their case within the time limitations (Iowa law has time limits as short as 90 days in certain cases) while others do not seek the “right” legal advice. New FREE Books Reveal 7 Common Mistakes made by Iowans injured in Car Accidents, Work Injuries and other Personal Injury accidents. These books Expose 6 Things to Know Before Talking to the Insurance Company, 5 Things to Know Before Hiring an Attorney including whether contingent fees are right for you and if you even need an attorney for your case. If you or a loved one has been injured then you may be worried about your financial future or confused about what to do next. There is no cost or obligation, so don’t lose your case on a legal loophole. Learn how to Protect Your Rights and avoid mistakes.

Why would we offer Free Books? We have heard too many horror stories about people making mistakes because they did not know their legal rights which resulted in them losing thousands of dollars. Finally, you can learn about injury accidents in the comfort of your own home with no risk or obligation.

Would you like to know: Can I be fired for missing work caused by an accident? Should I Give a Recorded Statement? Should I Sign a Medical Release Form? What are My Legal Rights? How Long do I Have to Bring my Claim? For the answers to these questions and many more CALL NOW 1-800-707-2552 to hear a brief 24 hour recorded message about how to order your FREE Book and enter one of the following extensions (Car Accident- Ext. 510); (Work Injury- Ext. 511); (Personal Injury- Ext. 512) or go to www.InjuredIowan.com. However, this is a limited offer with a limited number of books available. As a Special Bonus just for contacting us receive 12 Myths about Iowa Injury Cases and our Injured Iowans First Fee Schedule^TM, a new approach to attorney fees in injury cases.

According to the National Committee for the Prevention of Elder Abuse, a full 36% of nursing home workers interviewed said that they had witnessed other employees physically abuse residents. Iowa has the largest percentage of residents over the age of 65 in the United States. As nursing home care increases, so do the number of residents injured by neglect and abuse. It can be difficult to tell if your loved one is a victim because sometimes abuse is difficult to detect. Because many residents have physical and mental limitations, family and friends are often the ones to make sure their loved one or friend receives the care they deserve. Nursing home neglect and abuse takes many different forms such as:

1. Falls causing broken bones and other injuries;

2. Bed sores and improper wound care which may result in severe medical complications and even death;

3. Failing to provide basic necessities such as food and water; and

4. Abuse such as verbal, physical, emotional or sexual or a combination of these.

Keeping a close eye on your loved one is perhaps the best way to prevent injuries and abuse. If you suspect a problem, take your loved one away from nursing home employees and ask if something has happened.

A new FREE book reveals:

· 8 myths about nursing home care

· Why nursing home injuries are on the rise?

· What can be done to prevent injuries and abuse?

If you suspect that a loved one has been a victim of nursing home negligence or abuse; or if you even just have a loved one in a nursing home then you should have this book. This book exposes the “4 Signs that Your Loved One May be a Victim of Abuse or Neglect” and what can be done about it. To hear a brief recorded message about how to order your copy of this book, Call 1-800-707-2552 and enter ext. 517. (24 Hour Recorded Message). For further information log onto www.NursingHomeInjuryBook.com.

Here are some general answers to often-asked questions about workers’ compensation benefits. It is important to note that the outcome for each case is determined on its specific facts and circumstances.

Q: Is my employer and/or their insurance company responsible for the medical expenses caused by my work injury?

A: Yes. They are responsible for paying for all medical care necessary to treat your work injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. Also, you are entitled to be reimbursed at the rate of $.485 per mile effective August 1, 2007, for all mileage you incur going to and from doctors’ appointments, physical therapy visits, etc.

Q: Am I entitled to cash payments if I am unable to work?

A: Yes. While you are healing and unable to work, you will receive cash payments to replace your usual earnings. The amount of your payment is based upon your earnings prior to your work injury.

Q: Once I am done treating, if I don’t make a full recovery does my case end?

A: No. If your work injury causes a permanent injury, then you should receive compensation for your disability. The amount owed is determined by the nature of your injury (ie. hand, back, neck, shoulder, etc.), your earnings prior to your work injury, your impairment rating, and other factors.

To learn more about Iowa work injuries including the “7 Mistakes To Avoid If You Are Hurt At Work” Call 1-800-707-2552 (ext. 211) (24 Hour Recorded Message) for a Free Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” or log onto www.IowaWorkInjury.com.

Thanksgiving is one of my favorite holidays because I get to spend a day with my extended family catching up, being thankful for another year and discussing the upcoming holiday season. For most of us, the holiday season means more travel time in a car. It is not something we want to think about, but car accidents are the #1 cause of accidental death and disability with more than 6 million accidents each year causing 3 million injuries and more than 42,500 deaths. Every year hundreds of Iowans are permanently disabled and killed in car accidents caused by drivers with little or no insurance. What many Iowans don’t know is that Iowa law only requires $20,000 in insurance coverage for bodily injuries. Given the rising costs of medical care, that barely covers a trip to the hospital and follow-up medical care. Statistically, about 12% of Iowans don’t carry any car insurance and we estimate that another 70% of Iowans don’t have enough.
What happens if you are involved in a car crash caused by one of these drivers and cannot return to work? What can be done to protect you and your family from irresponsible and uninsured drivers? The insurance companies probably have not told you, but I will and I do not sell insurance. I have found that what most Iowans don’t know is that uninsured and underinsured motorist insurance coverage is the only automobile insurance that protects them and their family. What does $20,000/$40,000 mean, anyway?

Whenever auto insurance coverage is expressed as $20,000/$40,000 or $300,000/$500,000, the policy is telling you what coverage is available “per person” injured in the accident and what total coverage is available to all persons injured in a single accident. So, if you have $20,000/$40,000 coverage, each injured person would be covered up to $20,000, but the total coverage available for the accident is only $40,000. If four people are hurt in the accident, the most any one person would be paid is $20,000 but all five people would have to share the total of $40,000. In this situation, if any one person’s damages exceeded $20,000, or if the entire claim of all people in the accident exceeds $40,000, you could be personally responsible for what the policy did not pay.

Do you know how much coverage you have to protect you and your family? My experience is that most Iowans don’t. If you have enough Uninsured(UM)/Underinsured(UIM) Motorist coverage and a driver who has either no insurance or not enough insurance hurts you or your family, then your insurance company will pay for your damages up to the limits of insurance coverage you purchased. Uninsured(UM) Motorist coverage is also very important because if you are the victim of a “hit and run” and the other driver is not caught, your UM coverage will provide you with protection. Okay, how much does it cost? A recent survey of the leading insurance companies shows that for most Iowa drivers the difference between $20,000 and $500,000 in coverage is less than a dollar per day. The cost fro increased coverage ranged from a low of $.15 per day to a high of $.72 per day. Would you like to know which car insurance company had the lowest rate and learn more about car insurance?

To hear a brief recorded message about how to order a free copy of a book entitled about “How to Buy Car Insurance to Protect You and Your Family”? Log onto www.IowaInsuranceBook.com or Call 1-800-707-2552 and enter ext. 214 (24 Hour Recorded Message). Why would I offer a free book to you? Because I believe that all Iowans should have the right information to make informed decisions when they are buying car insurance. Also, I have had too many clients who did not have enough insurance before their accident which resulted in them losing thousands of dollars.

On November 21 a semi-truck driver struck 2 vehicles head on killing one woman and injuring another who was taken to Mercy Medical Center. We all have to remember to slow down for winter weather driving conditions. This is an unfortunate accident which could have been prevented, but instead has forever changed the lives of two Iowa families. To learn more about issues involving Iowa truck accidents log onto www.IowaTruckAccident.com.

1. Medical Benefits- Lifetime medical benefits for medical treatment, including doctors’ appointments, prescriptions, mileage, etc related to your work injury.

2. Healing Period/Temporary Disability (TTD/TPD) Benefits- These are the weekly payments made to an injured worker while they are healing from their work injury and are either not able to return to their job, is only able to work a limited number of hours or is not making as much as they were before the work injury work.

3. Permanent Benefits- At some point the doctors will say that you have healed as much as possible which is also known as maximum medical improvement (MMI). At that point, your benefits change from temporary to permanent. If your medical condition heals and you are left with no permanent problems, then you probably do not have a claim for permanent disability benefits. If you have a permanent impairment rating and/or permanent restrictions, then you are likely owed permanent disability benefits. You need an attorney who understands the specialized Iowa workers’ compensation laws.

For more information and our FREE special report entitled “Iowa Workers’ Compensation- The Legal Insider’s Guide” which exposes the “7 Mistakes To Avoid If You Are Hurt At Work.” Call 1-800-707-2552 and enter ext. 211. (24 Hour Recorded Message) CALL NOW to learn how to protect your rights and avoid a costly mistake. For further information log onto www.IowaWorkInjury.com or for immediate assistance Call Toll Free- 888-792-3595. Why would I offer Free Reports? I have heard too many horror stories about people making mistakes because they did not know their legal rights which resulted in them losing thousands of dollars.