Guthrie Center Car Accident Injury Attorneys

Like many states, Iowa follows what are called the rules of the road, stated in detail in Iowa Code Chapter 321, Motor Vehicles and Law of the Road. These rules cover who has the duty to yield at an uncontrolled intersection, whose responsibility it is for striking a disabled car on the side of the roadway, when there is a duty to yield to pedestrians, and much more. The Guthrie Center car accident attorneys at Walker, Billingsley & Bair want local drivers to understand how fault is proven, what happens if damages exceed available coverage, and what knee ligament surgery after a crash might mean for a claim.

Systems That Prove Fault in Iowa Car Accidents

Iowa is a comparative fault state, meaning the fault of the drivers involved in a car accident is compared to each other. The fault of each driver is determined by a judge or jury, and a percentage is placed on each driver's degree of fault. If a driver is found to be 51 percent or more at fault, that driver is not allowed to recover any damages. If a driver is found to be 50 percent or less at fault, the amount of damages they can recover is reduced by their percentage of fault.

Following Too Closely and Failing to Maintain Control

One or more of these law violations are often used when a person rear-ends the vehicle in front of them. No person shall drive a vehicle on a highway at a speed greater than will permit them to stop within the assured clear distance ahead, meaning the distance from which noticeable objects reasonably expected to be on the highway may be seen. A driver must also have the vehicle under control and reduce speed to a reasonable rate when approaching an intersection, and the driver of a vehicle shall not follow another vehicle closer than is reasonable considering speed, traffic, and road conditions.

Failing to Yield

This can involve several types of accidents, including uncontrolled intersections where a driver has a duty to yield to the vehicle on the right, vehicles pulling in front of oncoming traffic, and collisions that occur while passing. Vehicles meeting each other on any road shall yield one-half of the road by turning to the right, which is a common violation in head-on collisions. When two vehicles enter an intersection at approximately the same time so that a collision is reasonably expected, the vehicle on the left shall yield to the vehicle on the right. Other rules cover backing onto a highway safely, keeping slow-moving vehicles in the right-hand lane, driving on the right half of the road with limited exceptions, and stopping or yielding when entering a through highway.

Failing to Obey a Traffic Control Device

This is most common when a driver fails to stop at a stop sign or a red light and strikes another vehicle. Vehicles facing a green light may go straight or turn, yielding to traffic already lawfully in the intersection. A yellow light warns that the related green movement is stopping and vehicles should not proceed unless the stop cannot be made safely. A red light requires vehicles to stop and remain stopped until the signal changes, subject to limited exceptions for right or left turns where posted. Making a left turn across traffic also requires yielding to all vehicles approaching from the opposite direction that are at or near the intersection.

What Happens If Your Damages Exceed Coverage in an Iowa Accident?

If your medical damages exceed coverage on a car insurance policy, the options available depend on two important factors: who caused the accident, and the terms of an auto insurance policy or other financial resources.

Options If You Are at Fault

If you caused the crash, it is your responsibility to take care of the medical bills. If you only carry liability coverage, it will not help cover your own damages, but if you have other types of coverage, it may help up to policy limits. Medical payments coverage, for example, will pay for costs up to the limits of the policy regardless of who was at fault. Any expenses that exceed policy limits will need to come out of your own pocket, or your health insurance may cover the costs, though this may require meeting your deductible and making co-payments.

Options If Another Party Is at Fault

If the other driver was at fault, his or her liability insurance should cover the medical claims, depending on policy limits. The minimum amount required for bodily injury liability for one person in Iowa is $20,000, and if costs exceed that amount, you will need to consider other options. If you purchased underinsured motorist coverage, it helps pay for medical costs that exceed the liable driver's policy limits, up to the amount of coverage you purchased. Your own health insurance coverage may also help. Another option might be to file a lawsuit against the other driver to recover the full amount of your damages, though this can be difficult if the at-fault driver does not have assets and resources to pay for the full extent of your damages.

Options When a Passenger Is Injured

Motorists in Iowa are required to carry a minimum of bodily injury liability and property damage liability, but liability only covers drivers and passengers who are injured in another vehicle. If the driver of the car you are in has medical payments coverage, it generally protects injured passengers, and you could also be covered if the driver has uninsured or underinsured motorist coverage. When another driver is at fault, a passenger has the option to file a claim under his or her insurance, and if the policy limits are not enough to cover all damages, the passenger may want to seek legal action against the driver.

Knee Ligament Surgery After an Accident Near Guthrie Center

Knee ligament injuries can be painful, restrictive, and often require surgical treatment and extensive recovery. Individuals who have sustained a serious knee injury as the result of an accident may need to seek compensation from the responsible party to help recover the costs of knee ligament surgery and lost wages from missed time at work.

What Is a Knee Ligament Injury?

Ligaments connect bone to bone and provide support for the knee while limiting the range of motion of the joint. Ligaments that are damaged are compromised in their ability to do their job, and the knee can become unstable. The knee joint has four major supporting ligaments that could be damaged in an accident: the anterior cruciate ligament, which controls the knee's rotation and forward movement of the tibia, the lateral collateral ligament, which provides outer knee stability, the medial collateral ligament, which stabilizes the inner knee, and the posterior cruciate ligament, which moderates backward movement of the tibia.

Treatment for a Knee Ligament Injury

Ligaments can be stretched or completely torn in an accident, and the severity of the damage dictates the treatment necessary. In more complicated cases, surgical intervention may be necessary, often followed by lengthy physical therapy. Torn ligaments may require surgical repair or reconstruction using healthy tendons from elsewhere in the body, grafted in place of the damaged ligament, typically completed in an outpatient surgical center under general anesthesia, with follow-up visits and therapy required for a full recovery.

Knee injuries can be very costly. The time required for proper healing can lead to several weeks of missed work, and costs may include diagnostic tests, pain medication, surgery, and therapy. If you sustained a knee injury in an accident near Guthrie Center, you may be entitled to compensation from the liable party.