Atkins Personal Injury Attorneys

Accidents and injuries can unexpectedly change lives. During these challenging times, personal injury lawyers are crucial allies. They advocate for individuals affected by others' negligence, ensuring they receive rightful compensation. This article discusses the significant role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Understanding Degree of Accident Fault in Personal Injury Claims

The degree of accident fault in a personal injury claim refers to the percentage of responsibility an individual holds for an accident and the subsequent losses or damages. When determining compensation, this degree of fault is crucial as it can either reduce or entirely negate the amount recoverable by the injured party. For instance, Iowa lawyers play a significant role in assisting accident victims in proving the other party's liability to ensure fair compensation.

Negligence Laws and Their Impact

Negligence laws, which vary by state, significantly impact how fault is determined. In Iowa, the laws are based on modified comparative fault. Under this standard, a judge or jury assigns a fault percentage to each party involved in the accident, ranging from no fault to complete (100%) fault. 

When an injured person is partially responsible for the accident, two main outcomes are possible:

1. Complete Bar from Recovery: If the injured party’s degree of fault exceeds 50%, they are barred from recovering any damages.
2. Reduction of Recoverable Damages: If the degree of fault is 50% or less, they can still recover damages, but the amount is reduced by their percentage of fault.

Due to the complexities and the potential for significantly reduced compensation, it is advisable for injured parties to seek legal counsel to help establish the fault primarily with the other party.

Evidence to Establish Fault

Proving the other party’s fault is essential, and various types of evidence can support this:

- Accident Reports
- Photographs of the Accident Scene
- Eyewitness Statements
- Police Officer Observations

Compensation After a Bicycle Hit-and-Run Accident

Hit-and-run bicycle accidents are unfortunately common and pose significant challenges for victims seeking compensation. With over 800 pedalcyclists dying in accidents in 2015 alone, the aftermath of a hit-and-run can be particularly distressing. Often, drivers involved in such accidents flee the scene due to fear of legal consequences.

Identifying the Responsible Driver

Despite the challenges, not all is lost if a driver flees the scene. Sometimes, drivers return to face the consequences, or law enforcement can successfully identify them using traffic cameras, surveillance footage, and eyewitness testimonies. Media coverage can also aid in identifying the driver through public tips.

Filing Claims for Compensation

If the responsible driver is found, the victim can file a claim with the driver’s insurance. If the driver is not found, the victim’s own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage might cover the damages. In Iowa, UM/UIM coverage is optional and typically includes $20,000 for each person and $40,000 for each accident. It's crucial to verify the details of your policy with your insurance agent.

Damages in Dram Shop Claims

The damages in dram shop claims are similar to those in other personal injury claims in Iowa. They include:

- Medical Bills: Covering all accident-related medical expenses.
- Pain and Suffering: For physical and emotional distress.
- Lost Income: Compensation for lost wages or business earnings.
- Property Damage: Repair or replacement of damaged property.
- Wrongful Death: Claims by family members for expenses and loss of future income.
- Punitive Damages: Additional damages awarded for willful negligence.

Understanding Dram Shop Law

A dram shop claim involves holding a business that served alcohol to an intoxicated person, who then caused an accident, accountable. In Iowa, the legal framework is defined under Iowa Code § 123.92. The victim must provide a precise notice of intent to file a claim within six months of the accident, and the lawsuit must be filed within two years.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.