Knoxville Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become indispensable. They specialize in representing those harmed by others' negligence, ensuring they obtain fair compensation. This article explores the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

The degree of accident fault in a personal injury claim refers to an individual’s percentage of responsibility for an accident and the consequent damages. In Iowa, the degree of fault significantly impacts the compensation a victim can recover. Understanding how fault is determined and the legal nuances involved is crucial for anyone involved in an accident.

Negligence Laws and Fault Determination in Iowa

Modified Comparative Fault

Iowa operates under a modified comparative fault system. This means that a jury or judge assigns a percentage of fault to each party involved in the accident, ranging from no fault to 100 percent fault. If the injured party is found to be partially at fault, their compensation is reduced by their percentage of fault. 

For instance, if a victim is 30 percent at fault for an accident, their damages will be reduced by 30 percent. However, if the victim’s fault is 51 percent or more, they cannot recover any damages. This rule underscores the importance of minimizing the degree of fault attributed to the injured party to maximize their compensation.

Proving the Other Party’s Liability

To establish the other party’s liability and reduce one’s degree of fault, solid evidence is necessary. Key pieces of evidence include:
- Accident reports
- Photographs of the accident scene
- Eyewitness statements
- Observations from responding police officers

Iowa lawyers, such as those at Walker, Billingsley & Bair, can assist in gathering and presenting this evidence to strengthen a personal injury claim.

Iowa Pedestrian Laws

Pedestrians are particularly vulnerable in traffic accidents, making it essential to understand pedestrian laws to ensure safety and legal compliance.

Right of Way

In Iowa, pedestrians have the right of way at intersections without traffic lights and when using crosswalks, both marked and unmarked. Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys. However, pedestrians must yield to motorists when crossing roads at points other than intersections or where pedestrian tunnels or overhead crossings are available.

Walking on Roadways

Pedestrians should walk on the left side of the road, facing oncoming traffic, when no sidewalk is available. This practice allows pedestrians to see approaching vehicles and take evasive action if necessary.

Hitchhiking

Iowa law prohibits pedestrians from standing on the roadway to solicit rides, although they may stand on parts of the roadway not typically used by vehicles.

Common Insurance Adjuster Tactics in Personal Injury Cases

Insurance adjusters often employ various tactics to minimize the payout on personal injury claims. Being aware of these tactics can help victims protect their rights.

Accessing Medical Records

Adjusters may seek permission to access your entire medical history to find pre-existing conditions that could undermine your claim. It’s crucial to limit access to only those records directly related to the accident.

Quick, Low-Ball Offers

Insurance companies might offer a quick settlement to close the case before the full extent of the injuries and costs are known. Accepting a low initial offer may preclude additional compensation for worsening conditions.

Surveillance

Insurers might place claimants under surveillance to capture activities that could suggest the injuries are less severe than claimed. Always follow your doctor’s advice and avoid activities that contradict your injury claims.

Protecting Yourself from Insurance Adjuster Tactics

To protect against insurance adjuster tactics:
- Know your insurance policy thoroughly.
- Refuse broad authorizations for medical records release.
- Assume you are under surveillance and act accordingly.
- Avoid accepting quick, low-ball settlements without legal advice.

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.