By Rob Tucker

Do you know the significance of April 20 — besides being five days after your taxes are due? I didn't until I came across an article in the Journal of the American Medical Association. 

Each year on April 20 tens of thousands of Americans celebrate marijuana use on an unofficial holiday known alternately as 420, 4:20, 4/20 or weed day. This counterculture holiday isn't as popular as New Year's Eve, but it's making headway. Twenty-five percent of users say that celebrating the 'high holiday' is more important to them than New Year'e Eve and 36% of them plan to take the day off to do so. That percentage is even greater in states where recreational marijuana has been legalized: as many as 41% of users plan to skip work. Who knew!

The most important thing to remember is that marijuana is an intoxicant. The greater the concentration of tetrahydrocannabinol (THC) in the blood, the slower reaction times become and both lane changing and speed fluctuation increase. 

Although when it comes to driving impaired, alcohol is almost six times more likely to be the cause of a car accident, high driving is not safe driving. Canadian researchers compared fatal accidents one week before and one week after April 20 and found a 12% increase in the risk of a fatal crash on weed day. 

So don't use marijuana and drive and be extra careful every year on April 20.

By Kelly Sargent for Tucker Law

​A friend's daughter was recently in a car accident. It was relatively minor, and Emma was sure that she was perfectly fine, but dad and mom insisted that they take her to urgent care to be looked at. 

Wise parents. It reminded me of something that happened in my life.

When Paul and I were first married — we were just back from our honeymoon for a few weeks — I was hit by a pickup truck that ran a red light. When I say I, I mean me in the car I was driving; I would have been dead if it had just been me. 

It was 100% percent the other driver's fault. Not only did I have a green light, but it was a blind intersection from my direction. There was nothing I could have done to prevent it.

By Kelly Sargent for Tucker Law

​I don't remember how it was that I happened to read an article years ago about a tactic employed by a certain group of uber-famous theme parks that I won't mention by name. It stuck in my mind, though. Fortunately.
 
It described a purposeful strategy that all staff members were trained to employ as a means of avoiding being sued or at least mitigating the amount of damages the company could be found liable for. The truly amazing thing about this tactic is that not only is it so incredibly simple and easy to put into practice, it has the added advantage of 1000% seeming like the natural and right thing to do. The deliverer seems altruistic, a good Samaritan, even a savior.
 
What is it? I'll tell you, but I'm guessing at first blush, you'll be underwhelmed. Stick with me, though.
 
The employees are trained to be instantly there on the spot and immediately say to the injured person, "Are you okay?"
 
I told you you'd be underwhelmed. What's not right about that? How could that be a "tactic" to mitigate damages?
 
Here's how: Think about your own experiences of being injured. Once you realized that you hadn't been killed, weren't gushing blood from anywhere and seemed to have all your body parts intact, when someone near you asked if you were alright, you probably said, "I'm okay." 
 
Obviously, if it's a severe injury, the injured party isn't likely or may not be capable of saying they're okay, but barring that extreme, it's reflexive to say, "I'm okay."
 
The problem is that we very likely don't know whether we're actually okay or not, because in the immediate aftermath of an injury we're often in a certain amount of shock, plus the adrenaline kicked in the micro-second you hurt yourself, literally preventing you from feeling your pain. In that moment, we lack the capacity of knowing whether or not we are in fact okay.
 
Beyond our immediate, frequently unreliable self-evalutation, without being properly examined by a medical professional, we don't know if we are 100% okay — or what potential ramifications may manifest in the fullness of time.
 
In light of that, now consider this: if someone representing the entity at fault for your injury gets you to say . . . subliminally helps you to say . . .  that you're okay, documents that that's what you said, probably with witnesses, possibly has you sign something — there you are on record, with a list of witnesses, as having stated that you were in fact "okay." 
 
Later on if complications manifest such as headaches, back problems or recalcitrant pain, and you discover that you're going to need physical therapy or other interventions, possibly having to miss work, and you seek compensation for what it will cost to make you whole again, the statements you made at the time of your injury can be used against you. 

Of course what not to say, isn't just applicable at theme parks. Twice in my life I've been glad I remembered the point of the article I read. More about that next time. 

By Rob Tucker

​If by chance you happened to read my post about the fishing trip I took to Kodiak Island in Alaska, you may remember that I have a sister-in-law who is a travel agent. Because of her, I learn about off-the-beaten-path travel opportunities I likely wouldn’t hear of otherwise. I took her up on one a year ago and spent nine days in Cuba. 
 
I was intrigued at the prospect of visiting this island that's been sealed off to outsiders since 1961 and just reopened in 2015 to visitors who certify they belong to one of 13 approved entry categories.
 
We flew into Havana — by we, I mean the 23 three of us who signed up for this tour — then boarded our deluxe (de lujo in Spanish) bus to travel to a splendid stretch of white sand called Varadero Beach a couple of hours east of Havana, where we soaked up the sun, took salsa dancing lessons and chillaxed for two days.

Another unique Cuban phenomena are all the mint-condition, classic American automobiles driving around. Miami is only 90 miles away, and before Fidel Castro came to power, Cuba was a popular destination especially during the 1950's. Americans imported as many as 125,000 Detroit-made cars to use on the island, only to abandon them in 1959 when the government nationalized all commerce and closed closed off Cuba to the outside world. ​

As enjoyable and informative as my trip was, the best thing about it was meeting Cuba's energetic, lighthearted, fun-loving citizens. Music and dancing abounded wherever we went, and except perhaps at the large, tourist hotels, everyone was exceedingly warm and welcoming. Gracias a mis amigos Cubanos.

​By Kelly Sargent for Tucker Law Office
 
Rob Tucker founded his law firm in 1992; his daughter Erin joined him as an attorney in the practice in June of 2015. Last month I quizzed Rob about how that’s working out, and he had nothing but good things to say about what his daughter has added to the firm:
 
She’s a genuinely nice person
She’s a hard worker
She respects his knowledge and experience
She’s a creative thinker
She keeps up on the myriad changes in the law
She’s an excellent writer
And she’s fun
 
Not too shabby. But, I wondered, what would Erin have to say about dad? 
 
Since she’s his daughter, obviously Erin would have had ample time to develop opinions anyway, but in Erin's case, she's had more than the usual opportunities to get to know her father. That's because Erin started helping out at Tucker Law when she was just a kid. As soon as she learned to use a computer keyboard, Rob gave her interrogatories to type at home so that she could practice her typing skills. Soon Erin began working in the office part-time and summers doing clerical work. Rob even let her sit in on a trial with him so she could see how a case is developed from beginning to end: case development, discovery, witness preparation, exhibit handling and trial presentation. 
 
With all that experience and exposure, you’d think that Erin would have had being an attorney in her sights from a very early age. You’d be wrong. 
 
Erin didn’t want to follow in her dad’s footsteps. She wanted to strike out on her own path, carve her own niche in the world, so instead Erin studied business management, earning a bachelor's degree while at the same time working full time at Wells Fargo at night. Whew!
 
Erin had no intention of studying the law. No way, no how, not going to do it.
 
As it turned out, though, Erin didn’t find working in a large corporation terribly fulfilling, and so — almost on a flier — she applied to attend law school. She wasn’t taking the prospect very seriously, though, because she figured her chances of getting accepted were slim and none. She hadn’t, as many do, geared her undergraduate education toward law school acceptance, her bachelor’s wasn’t from a prestigious university and she hadn’t concentrated any effort on building a law school application resume.
 
To her great surprise she was accepted into Florida Coastal School of Law in Jacksonville.
 
Despite having decided not to study law, Erin found that it came naturally. No wonder, since she’d been in and around it for as long as she can remember. Erin not only excelled in law school, but graduated eleventh out of a class of 546 students. She passed the Florida Bar Exam in 2013 and worked for a sole practitioner in employment law for about a year. But then she thought, “Hey wait! I could be working with my dad!” 

Thus the father-daughter team at Tucker Law was born. And so what does Erin have to say about working with her dad?
 
Erin can’t imagine herself working with anyone else. She appreciates that her father is willing to embrace new ideas, allowing her to pursue creative strategies based on the latest changes in the law. Erin finds her dad's decades of experience invaluable to her as a new lawyer, and she's grateful that she can seek his support and advice as often as she needs to. Erin's other significant strength, she believes, is her ability to remain calm in virtually any situation, whereas her dad is more demonstrative — a yin to his yang. All in all, she's convinced there isn't anyone else she could work with and make such a good team as the two of them do. 

​By Kelly Sargent for Tucker Law Office

​How many father-daughter law firms are there in Iowa, I got to wondering after having lunch with Erin Tucker. Erin practices law with her dad, Rob Tucker, at Tucker Law. 

For fun, I asked the Iowa Bar Association. The answer is not very many. The IBA doesn’t have a firm count; there is definitely at least one other, but their best estimate is, at most, only a handful exist in the state.

I was curious how the dynamics of a father-daughter legal team might work (or not) on a day-to-day basis, so I decided to see what each of them had to say when the other one wasn’t around.

Speaking personally as someone who grew up without a father, I found it especially endearing that they both are so authentically members of a mutual admiration club and so thoroughly respectful of one another.

Here’s what dad Rob had to say about daughter Erin:
 
“First of all Erin is a genuinely nice person. She’s a hard worker who's very detailed-oriented and focused on doing her job with a high degree of proficiency. In addition, she's a creative thinker, full of new ideas, and very much on top on all the changes in the law which occur, it seems, almost daily. She's also fun to work with, bringing life to a middle-aged office. 

Erin's greatest strength is in legal writing. Everything she writes is to the point, and exceptionally well written. Her biggest gift to me personally, however, is providing me with the opportunity to pick her brain and discuss legal strategies, foundations and tactics. Fortunately Erin respects my 26 years of experience, asks for my advice on a regular basis and appreciates my historical wisdom.” 

Rob is also proud of the route Erin took to becoming an attorney, but more about that later. Next up: what Erin has to say about her dad.

By Rob Tucker

​Recently the Iowa Department of Transportation released it's list of the 200 locations in Iowa most in need of safety improvement. The rankings were based on three factors: crash frequency, total number of accidents and severity during the years 2012 to 2016.
 
Of those 200, I live in the city that owns the #1 spot as well as two others in the top ten! How'd I get so lucky?!
 
Where is this infamous demolition derby site, you may wonder: the corner of Ankeny Boulevard and First Street in Ankeny. And indeed, Tucker Law has represented clients injured in wrecks in that very place!
 
But if you think I'm unfortunately situated by being in the same town with the top three accident sites, my friend Kelly, who sometimes writes for this blog, and her husband live . . . wait for it . . . three blocks from the #1 site, one block from #10 and 14 blocks from #8!
 
Here's a list of the top 10 sites in Iowa:

1. Ankeny: Ankeny Boulevard and First Street.
2. Council Bluffs: Interstate Highway 29 and 30th Avenue.
3. Sioux City: West Seventh Street and Hamilton Boulevard.
4. Des Moines: Day Street and Sixth Avenue.
5. Cedar Falls: Iowa Highway 27 and Viking Road.
6. Jasper County: U.S. Highway 65 and Iowa Highways 330 and 117.
7. Des Moines: East University Avenue and East 30th Street.
8. Ankeny: Ankeny Boulevard and Southeast Magazine Road.
9. Burlington: U.S. Highway 61 and West Avenue.
10. Ankeny: Ankeny Boulevard and Third Street.

Below is a live link to a Des Moines Register article with more details. 
 
So be careful out there! But if you are injured in an accident, it's not a bad plan to check with a reputable personal injury attorney to make sure you get compensation for medical expenses, pain and suffering, lost wages and future treatment expenses.
 
Dangerous Iowa intersection? This spot is No. 1 in state's crash rating.

By Erin Tucker

There are roughly 5.5 million car accidents every year in the United States, injuring more than 2.25 million Americans. According to the National Safety Council, car accidents are the leading cause of on- and off-the-job unintentional deaths, killing about 35,000 people every year.

In 2017, however, there were an estimated 40,100 car accident deaths. The cost to society is about $100 billion a year.

One of the leading causes of car wrecks is distracted driving. According to the NSC, at least 27% of those 5.5 million accidents involve cell phone use: 1.2 million from talking on the phone, that’s roughly how many people live in Salt Lake City’s metro area — and a minimum of 341,000 caused by texting, which is about the population of metro Des Moines.

I’ve said all that to say this: DO NOT talk on your cell phone or text while driving!

If you've been injured, and especially if you've lost a loved one because of another driver’s negligence, there’s no amount of money that can return things to the way they were before the accident, but that doesn't mean that a financial settlement is irrelevant. It's money that can be put toward lost wages, medical bills, car repairs or funeral expenses. 

We’re here to help. 

By Rob Tucker

​In July I flew to Alaska to go fishing. I’ve traveled there at least 10 times, roughly every other year since 2000, with an additional trip to testify in a court settlement negotiation. I made that trip in winter. As a word of friendly advice — don’t go there then. Yikes!!

​This year, however, I wanted to experience a different part of Alaska, so my fishing buddy and I flew to Kodiak Island, which BTW is the second-largest island in the United States and famous for the bears that are native to it. 

​And bears there were! We met up with 35 to 40 of them who were fishing Frazer River the same time we were. Remember that coho salmon I caught? A bear stole it off my line. Oh well. He had more right to it than I did. It’s his (or her) island after all.

By Erin Tucker

On July 1, 2017, new workers’ compensation statutes took effect. The statutes have been changed in a number of ways. 

A shoulder injury is no longer classified as “body as a whole” injury where industrial disability is awarded taking into account an injured workers’ age, education, and experience.

Going forward, a shoulder injury will be compensated as a “scheduled member” just like an arm or a leg based only on a percentage of loss of that member, with a maximum loss of 400 weeks of benefits.

​This change has the potential to have a devastating effect on an injured worker who has sustained a shoulder injury and cannot return to physically demanding work.

A new vocational rehabilitation strategy has been put into place by the new law. When a worker sustains a shoulder injury and cannot return to gainful employment, the worker must now be evaluated by Workforce Development regarding career opportunities in specific fields that allow for accommodation for disabilities and vocational training.

Injured workers are no longer entitled to reimbursement for a second-opinion by an "independent medical examination” if the employer denies the case. In other words, an employer of an injured worker whose case has been denied is permitted to require an evaluation be performed by a doctor of the employer’s choice. But, the employee is not allowed a second-opinion at the employer’s expense. Before this change in the law, even when a case was denied, an employee could be reimbursed for a second-opinion evaluation if he or she felt that the employer-retained physician’s rating was too low.
 
Articles on this topic:

Iowa Public Radio: "Does Iowa’s New Workers’ Comp Law Give Shoulder Injuries The Cold Shoulder?​"
http://iowapublicradio.org/post/does-iowa-s-new-workers-comp-law-give-shoulder-injuries-cold-shoulder#stream/0
 
The Des Moines Register: "Branstad signs bills limiting workers' compensation, blocking minimum wage hikes"
http://www.desmoinesregister.com/story/news/politics/2017/03/30/branstad-signs-bills-limiting-workers-compensation-blocking-minimum-wage-hikes/99819450/
 
Link to the bill (HS 518):  https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=HF%20518