Creston, IA asked in DUI / DWI, Personal Injury, Car Accidents and Medical Malpractice for Iowa

Q: In Iowa can statements made by an individual with serious head trauma and concussion be used in court?

Operator suffered from serious brain trauma in accident and was questioned right after. It was clear operator was confused which was a result of a concussion from the accident. Operator couldn’t recall events of accident for three days after the accident. Officer wrongfully believed operator was driving under the influence because operator was confused. It was proven in the hospital that operator had suffered brain trauma. How can any statements made by operator be reliable and used in court when operator was mentally handicapped for the time being?

1 Lawyer Answer
Erik Luthens
Erik Luthens
  • Personal Injury Lawyer
  • West Des Moines, IA
  • Licensed in Iowa

A: You need to obtain a professional opinion (expert witness) from a neurologist who can identify how the collision would have affected the injured person’s ability to offer a trustworthy statement (from an evidentiary standpoint).

Erik Luthens

Attorney at Law

Parrish-Sams Luthens Law, P.C.

2910 Westown Pkwy, Ste. 203

West Des Moines, IA 50266

Tel: (515) 222-1698

Txt: (515) 523-7799

Fax: (515) 222-2655



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