Hiawatha Car Accident Injury Attorneys

Accidents and injuries can suddenly upend lives. During these trying times, car accident injury lawyers are critical allies. They advocate for those harmed by others' negligence, ensuring fair compensation. This article highlights the vital role these lawyers play in assisting people with their claims and rebuilding their lives.

Who is at Fault in a Left Turn Car Accident?

Left turn car accidents can be some of the most serious car crashes that occur. Often the force of the impact is localized to the passenger side of the car, where hopefully, someone is not sitting. Other times, the force of the impact will send the turning vehicle skidding and sometimes flipping. There are many factors to determine who is at fault for a left turn car accident, sometimes called Rules of the Road. The determination of fault is also referred to as determining who is liable for the collision or a liability determination.

Traffic Controls

The first consideration is what, if any, traffic controls were in the area. If you are waiting to turn left across traffic and have a green arrow, then it is most likely the other driver's fault. However, if you have a blinking yellow or red light when you turn, you may be found at fault. One of the most difficult fault determinations to make is when a driver is in the middle of the intersection getting ready to turn left when the light begins to change from green, to yellow, and then to red. The other driver is approaching and goes through the light. The other driver may have run the red light, but things happen quickly, and if you pulled into the other driver's path, then you may be at fault. In some areas in Iowa, traffic cameras capture exactly what happened, but the vast majority of intersections do not have traffic cameras.

A more common left turn car accident is from a stop sign. A driver looks and thinks there is no traffic coming, but in fact, there is a vehicle approaching. "Look before you leap" is a term we have all heard before, but when it comes to making a left turn into traffic, this is especially true. It is best to look in both directions twice to make sure no one is coming. It goes without saying, but talking on your cell phone or trying to send a text while making a left-hand turn is a bad idea. Driver distraction is the number one reason we have car accidents to begin with. You don't want to place the safety of yourself or your passengers behind a call or text that could wait until you get home. No call or text is worth the costly price you and your family could pay if involved in a car crash.

Failing to Yield

When you are making a left-hand turn across traffic, you have the duty to yield to oncoming traffic. If you pull out in front of a vehicle that then strikes you, you are likely to be found at fault. However, if the other vehicle was speeding, then they may also be found at fault for the crash. Under Iowa law, you have the right to assume that other drivers are following the traffic laws around you. This means if the driver is going 100 mph in a 55 mph zone when you turn in front of his vehicle, then the speeding driver may be 100% at fault for the collision.

Uncontrolled Intersection

If there are no traffic signals, the general rule is that you must yield to your right. Also, as discussed above, there are rules to yield to oncoming traffic as well. So if a vehicle is coming from your right and you turn left in front of the vehicle, then you may be at fault for the collision. As discussed above, there can be other factors such as the speed of the other vehicle which will be considered in determining fault.

Comparative Fault

Because determining fault can be difficult sometimes, Iowa has what is called comparative fault. Not surprisingly, this means that the fault of the parties is compared. In order to make any recovery, you have to prove that the other driver was 50% or more at fault. Whatever the percentage of fault that is assigned to you will reduce your recovery by that amount. For example, let's say you were turning left and it is disputed whether the other driver ran the red light or you turned in front of him just prior to impact. If a judge or jury found that you were 30% at fault and provided you with a verdict of $100,000 for your injuries, then you would only be allowed to collect $70,000 because you were 30% at fault.

Where to go from Here?

If you or a loved one has been injured in a left-turn car accident, then just because the police may have found you or the other driver at fault does not mean that the police are always right. You should consider speaking with a qualified Iowa car accident attorney to determine if your case is worth investigating and pursuing. Our office handles these types of cases on a contingency fee basis which means there is no upfront cost and no risk to you. We are only paid if we are successful in making a recovery, and then it is a percentage of the recovery depending upon if the case settles or if litigation is required. If we are not successful, then you owe us nothing, not even the costs or time we spend on the case. So there is no risk to you.

Speaking to the Police

When speaking to the police after a car accident, it is important that you only give them the necessary information. DO NOT offer any information beyond the facts of how the accident occurred. Remember, anything that you say to the police can be used as evidence against you, and this can affect your compensation in an Iowa personal injury claim.

Before you say anything to the police, you may want to contact an Iowa car accident lawyer. Your Iowa car accident lawyer can advise you on what to say to the police at the scene of the accident.

Gather Any Evidence that You Can

After a car accident, it is important to gather any evidence that will show the damage you have suffered. If you can, take pictures of your damaged vehicle, as well as your physical injuries. These photos can be admitted as evidence in a personal injury lawsuit.

Furthermore, you should take detailed notes about the accident. You should write down exactly how the accident happened, and what type of injuries you sustained. In the days and weeks following the accident, you should write down the day-to-day details of your injuries, including how they are impacting your daily life.

You should also do your best to keep track of your medical recovery. If you have questions about what evidence can help you in a personal injury claim, you can get the professional advice of an Iowa car accident lawyer.

Common Drunk Driving Defenses

To prove that a driver was guilty of driving under the influence (DUI), the state needs to show that the defendant drove a car and was under the influence of alcohol, drugs, or a combination of both while doing so. A defendant might challenge whether the arresting police officer had probable cause to stop the vehicle in the first place.

Defendants also might call into question the validity of the results of a breath, blood, or urine test. For instance, a driver might argue that the test results are inaccurate because the machine that measures the BAC is faulty. They might also question whether the chemical test was administered correctly – e.g., that the technician who performed the analysis was unqualified. Consumption of food or certain medications prior to the test also may throw off the results, some defendants might argue.

How the Drunk Driving Case Impacts the Injury Case

If a defendant is convicted of a DUI after the accident, the claimant may refer to that conviction to demonstrate the defendant was negligent and caused the accident. This can allow the accident victim ultimately to collect an insurance settlement or win a lawsuit.

Even when there is no DUI conviction, the plaintiff may be able to introduce evidence that the defendant was drunk and therefore negligent. There is a lower standard to establish negligence in a civil case as opposed to guilt in a criminal one. So just because a defendant was not convicted of a DUI in the criminal justice system doesn’t mean he or she won’t be liable for damages in a civil claim.

Keep in mind that you must establish that the drunk driver actually caused the accident and your damages. Just being drunk doesn’t mean that the driver caused the crash to occur. If you were speeding, ran a red light, and slammed into the drunk driver who was not violating any

 traffic laws other than driving while impaired, you may hold the majority, if not all, liability for the accident. The drunk driver still may face DUI charges, but you may be unable to collect damages from him or her.

Iowa is a modified comparative negligence state, so as long as you are less than 51 percent at fault for the accident, you can collect damages. But any damages you collect will be reduced by your proportion of fault.

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.