Decorah Personal Injury Attorneys

Accidents and injuries can abruptly alter lives. During these trying moments, personal injury lawyers are invaluable. They focus on advocating for victims of negligence, ensuring they secure the compensation they deserve. This article highlights the crucial role personal injury lawyers play in navigating claims and helping individuals rebuild their lives.

What is a Degree of Accident Fault in a Personal Injury Claim?

The degree of accident fault in a personal injury claim refers to an individual's percentage of responsibility for an accident and the resulting losses or damages. If the injured person is partially at fault, their degree of fault will reduce the amount of compensation they can recover. Iowa lawyers can help accident victims prove the other party's liability to pursue fair compensation.

How is Degree of Accident Fault Impacted by Negligence Laws?

Negligence laws vary by state. In Iowa, they are based on modified comparative fault. Under this standard, a jury or judge assigns a percentage of fault to each party involved in the accident, ranging from no fault to 100 percent at fault.

When an injured person is partially responsible for a crash, it can lead to two outcomes:

1. No Recovery of Damages: If the injured party's degree of fault is more than half (51 percent or higher), they cannot recover any damages.
2. Reduced Recovery of Damages: If the degree of fault is 50 percent or less, the injured party can still recover damages, but the amount will be reduced by their percentage of fault.

Since a higher degree of fault can significantly lower or even eliminate compensation, seeking legal counsel is advisable. An attorney can help establish most or all of the fault with the other party.

Evidence to Reduce Degree of Accident Fault

Proof is essential in establishing the other party's responsibility for a crash. Useful evidence includes:

- Accident Reports: Official documentation of the incident.
- Photographs of the Accident Scene: Visual evidence of the conditions and circumstances.
- Eyewitness Statements: Accounts from those who saw the accident happen.
- Observations from a Responding Police Officer: Professional evaluations and records.

Understanding Comparative Negligence Rule in a Car Accident Claim

When you've been seriously injured in a car accident, establishing negligence is crucial for pursuing compensation. Iowa car accident lawyers can evaluate your case to determine if you have a valid claim and if you may be eligible to seek damages.

Iowa's Modified Comparative Fault – 51% Rule

Iowa follows the modified comparative fault – 51% rule for negligence in car accidents. This rule states that to file a claim against the other driver, your fault must be 50% or less. If your responsibility for the accident is 51% or higher, you cannot recover damages.

Even if you are less than 51% at fault, the damages you are entitled to may be reduced. For example, if you were speeding and the other driver made an unsafe lane change, your speeding might reduce your claim.

Seeking legal help is important, especially with severe injuries, to prove that the other side was more negligent and to recover more damages.

Rules of Driving on the Road When a Pedestrian is Present

According to the National Highway Traffic Safety Administration, approximately 70,000 pedestrians are injured in motor vehicle accidents in the United States each year. Many of these accidents result from ignorance of the rules for driving around pedestrians.

Iowa Rules of the Road Around Pedestrians

Iowa's traffic laws include specific rules for motorists when pedestrians are present. Motorists have a significant responsibility because their vehicles can cause serious injury to pedestrians.

Motorists must give the right of way to pedestrians when:

- Entering or leaving a driveway, parking lot, or alley.
- Pedestrians are crossing at an intersection on a marked or unmarked crosswalk without traffic signals.

Special precautions are also required when driving through:

- Residential areas.
- School zones.
- Areas near shopping centers.
- Parking lots.
- Congested areas such as downtown.

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.