Lake Mills Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. During these tough moments, personal injury lawyers are crucial. They advocate for those harmed by others' negligence, ensuring they get the compensation they deserve. This article explores the vital role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Understanding Comparative Negligence Rule in a Car Accident Claim

When you've been seriously injured in a car accident, establishing negligence is crucial if you plan on pursuing compensation. Understanding the comparative negligence rule in Iowa is key to determining your eligibility for damages and navigating the legal landscape effectively.

The Modified Comparative Fault – 51% Rule in Iowa

Iowa follows the modified comparative fault rule, specifically the 51% rule, for negligence in car accident claims. This means that you can only file a claim against the other driver if your fault is 50% or less. If you're found to be 51% or more at fault, you cannot recover any damages.

Impact of Partial Fault on Compensation

Even if your fault is less than 51%, your compensation may be reduced based on your degree of fault. For example, if you were speeding at the time of an accident caused by another driver's unsafe lane change on Interstate 235, your speeding could reduce your claim amount.

Importance of Legal Assistance

Given the complexity of proving negligence and the potential for reduced compensation, seeking legal help is crucial, especially when injuries are severe. An experienced Iowa car accident lawyer can help demonstrate that the other party was more negligent, increasing your chances of recovering fair compensation.

Options for Compensation After a Bicycle Accident Hit and Run

Hit-and-run bicycle accidents are unfortunately common. In 2015 alone, over 800 pedalcyclists died in accidents. Often, irresponsible drivers who may be under the influence or unlicensed flee the scene, complicating the process of recovering damages.

Identifying the Responsible Driver

Despite the challenges, not all is lost if you were hurt by a hit-and-run driver. Sometimes, drivers with a conscience turn themselves in, or law enforcement may identify them using traffic or surveillance camera footage and eyewitness testimonies. Media coverage can also prompt viewers to provide tips to law enforcement.

Compensation Sources

If the driver is identified, you can file a claim with their insurance or sue them directly. If the driver remains unidentified, your damages may be covered under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). This optional coverage in Iowa provides compensation when the at-fault driver lacks sufficient insurance or flees the scene.

Understanding Degree of Accident Fault in Personal Injury Claims

The degree of accident fault refers to an individual's percentage of responsibility for an accident and the resulting damages. This degree significantly impacts the compensation amount in personal injury claims.

How Negligence Laws Affect Accident Fault

Negligence laws vary by state. In Iowa, the modified comparative fault standard assigns a percentage of fault to each party involved in an accident. If the injured party's fault is 51% or more, they cannot recover damages. If their fault is 50% or less, their compensation is reduced by their fault percentage.

Importance of Legal Counsel

Given the risks of receiving reduced or no compensation due to a high degree of fault, seeking legal counsel is essential. An Iowa lawyer can help establish the other party's liability, increasing your chances of recovering fair compensation.

Evidence to Reduce Degree of Fault

Key evidence to establish the other party's fault includes:

- Accident reports
- Photographs of the accident scene
- Eyewitness statements
- Police officer observations

The attorneys at Walker, Billingsley & Bair can assist in gathering this evidence to strengthen your personal injury claim and prove the other party's fault.

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.