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?
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
E-M: Erik.Luthens@PSL-Law.com
Web: www.PSL-Law.com
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