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Accidents and injuries can abruptly disrupt lives. During these tough moments, car accident injury lawyers are essential allies. They fight for those hurt by others' negligence, ensuring just compensation. This article highlights the crucial role these lawyers play in helping people manage their claims and rebuilding their lives.
When involved in a car accident in Iowa, understanding how fault is determined is crucial for seeking compensation. Fault, or negligence, is evaluated under Iowa's comparative fault system, which compares the fault of each party involved in the accident. This guide covers various scenarios of determining fault, preserving evidence, and understanding compensation for lost wages.
How is Fault Determined?
Under Iowa law, fault is primarily determined by the Rules of the Road, which include speed limits, yielding duties, traffic signals, and seatbelt requirements. Comparative fault means each party's fault is compared, and compensation is adjusted accordingly. For example, if you are 20% at fault for an accident, your compensation will be reduced by that percentage.
Common Causes of Car Accidents and Fault Determination
1. Rear-End Collision:
- Rule: Maintain control to avoid striking other vehicles.
- Fault: The driver who rear-ends another vehicle is generally 100% at fault.
2. Failure to Obey Stop Signs or Traffic Lights:
- Rule: Follow all traffic signals.
- Fault: Drivers running red lights or stop signs are typically 100% at fault.
3. Failure to Yield in a Roadway:
- Rule: Yield appropriately based on traffic signs and conditions.
- Fault: Drivers pulling out in front of others may share fault, depending on factors like speed and road conditions.
4. Failure to Yield at Uncontrolled Intersections:
- Rule: Yield to the driver on the right.
- Fault: Determined based on which driver failed to yield correctly.
5. Failure to Use a Seatbelt:
- Law: Not wearing a seatbelt can result in up to 25% fault being assigned, reducing compensation even if the other driver is clearly at fault.
6. Hit as a Pedestrian in a Crosswalk:
- Rule: Drivers must yield to pedestrians in crosswalks.
- Fault: Drivers are usually at fault, but pedestrians must also exercise ordinary care.
7. Hit as a Pedestrian in Other Areas:
- Rule: Pedestrians must yield to vehicles if not in a crosswalk.
- Fault: Pedestrians crossing improperly may share fault.
8. Hit on a Bicycle:
- Rule: Bicycles have the same rights and duties as motor vehicles.
- Fault: Determined by factors like visibility and adherence to traffic laws.
9. Hit While on a Motorcycle:
- Rule: Motorcycles follow the same road rules as cars.
- Fault: Unique factors like rider experience and helmet use can affect fault determination.
Preserving Evidence After an Accident
If your vehicle is towed after an accident, preserving evidence is essential for your claim. Here are steps to ensure evidence remains intact:
1. Locate Your Vehicle:
- Find out where your car is being towed immediately.
2. Preservation Letter:
- Contact your lawyer to send a preservation letter to the tow yard.
3. Move Your Car:
- Transfer your vehicle to a private, covered storage area to prevent tampering and reduce costs.
4. Take Photos:
- Always keep a disposable camera in your glove compartment and take photos of the accident scene and your damaged vehicle.
Compensation for Lost Wages
Under Iowa law, lost wages due to a car accident are only paid as part of a total settlement, not as they occur. Here’s how to manage your lost wages:
1. Utilize Sick Pay and Disability Benefits:
- Use available sick pay, short-term disability, vacation time, or other benefits.
2. Complete Necessary Paperwork:
- Ensure timely completion of any required paperwork for disability benefits, with documentation from your doctor.
3. Check for Additional Coverage:
- Look into disability coverage on your mortgage, car, or other loans.
4. Seek Alternative Support:
- If no benefits are available, seek help from family, friends, or community resources.
5. Understand PIP Coverage:
- In states with PIP coverage, you may recover lost wages under your car insurance policy.
Seeking Legal Assistance
Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.