Mount Ayr Car Accident Injury Attorneys

Sudden accidents and injuries can disrupt lives. During these difficult moments, car accident injury lawyers are vital allies. They advocate for those injured due to others' carelessness, ensuring fair compensation. This piece emphasizes the significant role these lawyers play in helping people navigate their claims and restore normalcy.

Iowa’s DUI Laws and How They Apply to Your Claim

Being involved in a car accident in Iowa can leave you with painful injuries, damages to your car and other personal property, and numerous questions about how to recover from this ordeal. If you weren’t liable for the accident and the subsequent damages, you can file a car accident claim to help you acquire compensation to cover the costs. Iowa’s DUI laws add additional factors that must be considered during the process if the other party was intoxicated at the time. It is important to understand how these laws apply to your car accident claim if you were involved in an accident with someone driving under the influence.

Establishing Fault to File a Liability Claim

In many states, drivers are required to possess no-fault car insurance, which means that individuals involved in an accident file a claim under their own insurance policy unless the injuries and damages reach a certain severity. However, Iowa is an at-fault car insurance state. This means the individual who was legally at fault for the car accident is liable for covering the costs of property damage or any resulting injuries the other driver suffered.

To file a personal injury claim in Iowa, you need to prove that another party injured you. Iowa follows a system of modified comparative negligence, meaning you can recover damages for your claim if you can show the other party was more than 50 percent responsible for the accident. For instance, if the other driver was drunk at the time of the accident, a citation, charge, and conviction for DUI may help establish that they were negligent. You must also establish that the driver caused the accident. If you were speeding, ran a red light, and crashed into a drunk driver who was otherwise following the rules of the road, you might be mostly at fault and unable to recover damages. But if you can establish that the driver was impaired and ran a stop sign or drifted into your lane, for example, you may be able to recover compensation from the drunk driver’s liability insurance.

Using Breath, Blood & Urine Test Results as Evidence

Proving the fault of the other driver requires evidence to back up your claim. According to Chapter 321J.2 of the Iowa Code, an individual is in violation of DUI laws if they are operating a vehicle with a blood alcohol concentration (BAC) of .08 or higher. Chapter 321J.6 of the Iowa Code dictates implied “consent to the withdrawal of…blood, breath, or urine and to a chemical test” to determine the BAC at the time of arrest. Results from these tests are admissible as evidence in a civil case against the drunk driver. If an individual refuses to consent to these tests, they may face fines, license revocation, and other punishments. This refusal is also admissible evidence in any civil proceedings.

Additional evidence that may be necessary to establish the impaired driver’s fault could include:
- Eyewitness testimony
- Photographs of the scene
- Expert witness testimony

Discuss all available and applicable evidence with an attorney. Your attorney can also address any defenses the impaired driver might use in a criminal case.

Should I Get a Lawyer After a Car Accident in Iowa?

While there is no legal obligation to hire an attorney when filing a car accident claim, those who suffered serious injuries and have significant expenses will likely benefit from a lawyer’s expertise. Since Iowa is an at-fault car insurance state, the insurance of the motorist who caused the accident is primarily responsible for paying for damages. If unable to recover fair damages in a liability claim against the at-fault driver, you may file a lawsuit.

Determining the Need for a Lawyer

Individuals are welcome to file a claim and possibly a lawsuit on their own. They can also seek legal counsel and representation during the claims or lawsuit process. However, hiring an attorney can be advantageous, especially in certain cases. Below are some of the benefits of hiring an attorney:
- Knowledge of Insurance and Personal Injury Law: An attorney understands the intricacies of these laws and can navigate them effectively.
- Evidence Gathering: An attorney can help gather crucial evidence about the accident.
- Building a Case: An attorney can build a strong case to prove the other party's fault and liability.
- Negotiating a Fair Settlement: An attorney can negotiate a fair settlement amount on your behalf.
- Handling Legal Paperwork: An attorney can manage all the legal paperwork involved.
- Advocacy: An attorney’s job is to advocate for your best interests.

When dealing with significant expenses following an accident and injury, leaving your compensation to chance is not advisable. A lawyer can help you formulate a strategic approach centered on ensuring fair compensation. Additionally, you may file a lawsuit if you are unable to recover compensation in an insurance claim. Your attorney can help you negotiate an out-of-court settlement or argue your case in court if necessary.

Steps to Take After an Iowa Car Accident

If you suffered injuries in a car accident that you didn't cause, the first few things you should do are:
1. Report the Accident to Law Enforcement: This creates an official record of the accident.
2. Seek Medical Care: Prompt medical attention ensures your injuries are treated and documented.
3. Report the Car Accident to Your Insurance Company: Notify both your insurer and the at-fault driver's insurer, but refrain from giving detailed statements until you consult an attorney.
4. Call an Attorney: Legal advice early on can help protect your rights and interests.

What to Do After a Car Accident in Iowa

After a car accident, there are several do's and don'ts you should follow to preserve your Iowa personal injury claim. If you have questions about how to react after an Iowa car accident, seek the advice of an experienced Iowa car accident lawyer.

Immediate Steps Post-Accident

1. Ensure Safety and Medical Attention: Make sure everyone receives necessary medical attention.
2. Call the Police: Report the accident and have a police report created.

Speaking to the Police

When speaking to the police, only provide necessary information about how the accident occurred. Avoid offering any extraneous details, as anything you say can be used as evidence and affect your compensation in an Iowa personal injury claim. Consulting an Iowa car accident lawyer before speaking to the police can provide guidance on what to say.

Gathering Evidence

Collecting evidence is crucial for substantiating your personal injury claim. If possible, take pictures of the damaged vehicle and your physical injuries. These photos can serve as evidence in a lawsuit. Additionally, take detailed notes about the accident, including how it happened and the injuries you sustained. Documenting the day-to-day impact of your injuries on your life and keeping track of your medical recovery are also essential.

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.