Sioux City Car Accident Attorneys: Fault, Iowa Law, and What to Do When You're Seriously Injured

How Iowa Law Determines Fault in Car Accidents

Iowa follows what are called the rules of the road, stated in detail in Iowa Code Chapter 321, which covers motor vehicles and the law of the road. These rules address who must yield at an uncontrolled intersection, who is responsible when striking a disabled vehicle on the roadway, when drivers must yield to pedestrians, and much more. Understanding these rules is essential to any car accident claim in Sioux City because they form the backbone of how fault is established.

Before examining specific violations, it is important to understand that Iowa is a comparative fault state. This means the fault of all drivers involved in a collision is compared against one another. If a driver is found to be 51 percent or more at fault, that driver cannot recover any damages at all. If a driver is found to be 50 percent or less at fault, the damages that driver can recover are reduced by their percentage of fault.

Common Ways Fault Is Proved in a Sioux City Car Accident

There are hundreds of ways car accidents happen in Iowa each year. Below are the most common legal violations used to prove fault, drawn directly from Iowa law.

Failure to Stop Within an Assured Clear Distance, Failure to Maintain Control, and Following Too Closely

These violations frequently arise in rear-end collisions, whether caused by inattentive driving or failure to anticipate stopped traffic ahead. Iowa law is specific on each of these points.

Failing to Yield

Yielding violations are among the most common causes of car accidents in Iowa and can involve uncontrolled intersections, drivers pulling in front of oncoming traffic, collisions during passing maneuvers, and more. Iowa law establishes several specific yielding requirements that are regularly used to prove fault in Sioux City car accident cases.

Failing to Obey a Traffic Control Device

This violation is most common when a driver fails to stop at a stop sign or runs a red light and strikes another vehicle. Iowa law is very specific about what drivers must do at signals displaying different colored lights. A green light permits movement but requires yielding to traffic already lawfully in the intersection. A yellow light warns that the related green movement is ending and vehicles should no longer proceed into the intersection, stopping if it can be done safely. A red light requires a complete stop until a green signal is shown. Drivers facing a green arrow may cautiously enter the intersection in the direction indicated but must still yield to vehicles and pedestrians lawfully present.

You can read a full breakdown of the systems that prove fault in Iowa car accidents at iowainjured.com.

Left Turn Accidents: One of the Most Dangerous Crash Types in Sioux City

Left turn car accidents are among the most serious crashes seen on Iowa roads. The force of impact in these collisions is often concentrated on the passenger side of one vehicle, and the turning vehicle can end up skidding or even flipping. Determining who is at fault in a left turn crash involves examining what are sometimes called the Rules of the Road and requires careful analysis of all available evidence.

Traffic Controls and Left Turn Fault

The first factor to examine is what traffic controls, if any, were present at the location of the crash. If a driver waiting to turn left across traffic has a green arrow, it is most likely the oncoming driver's fault if a collision occurs. However, if the turning driver had a blinking yellow or red light, that driver may be found at fault. One of the most difficult scenarios arises when a driver is already in the intersection waiting to complete a left turn as the light changes from green to yellow to red. If the approaching driver runs the red light but the turning driver pulled into that driver's path, fault can be disputed and shared between both parties.

Many Sioux City and Iowa intersections do not have traffic cameras, which makes eyewitness testimony and other forms of evidence especially important in left turn crash cases.

Failing to Yield When Turning Left

Under Iowa law, the driver intending to turn left within an intersection, into an alley, private road, or driveway shall yield the right-of-way to all vehicles approaching from the opposite direction that are at the intersection or so close as to be an immediate danger. When making a left turn from a stop sign, the duty to yield is clear. A driver who looks and incorrectly concludes no traffic is approaching, then pulls out in front of an oncoming vehicle, is likely to be found at fault for the resulting crash.

There is an important exception, however. Under Iowa law, a driver has the right to assume that other drivers are following the traffic laws around them. If an approaching driver is traveling at a dramatically excessive speed, that driver may bear significant or even complete fault for the collision. For example, if a driver is traveling 100 mph in a 55 mph zone at the time of a left turn crash, the speeding driver may be 100 percent at fault.

Uncontrolled Intersections

At an intersection with no traffic signals or signs, the general rule is that a driver must yield to any vehicle approaching from the right. If a vehicle is approaching from the right and a driver turns left in front of it, that turning driver may be found at fault. As with other left turn scenarios, the speed of the approaching vehicle will be considered in the overall fault determination.

Driver distraction is one of the leading causes of left turn crashes. Talking on a cell phone or attempting to send a text while making a left-hand turn is extremely dangerous. No call or text is worth the consequences of a serious collision.

For a full explanation of how fault is determined in these crashes, visit the left turn car accident fault FAQ at iowainjured.com.

Serious Injuries from Car Accidents: Meniscus Tears

Car accidents can cause a wide range of injuries, from whiplash and broken bones to internal injuries and traumatic brain damage. One injury that frequently results from the forces involved in a collision is a torn meniscus. Understanding what this injury involves, how it is treated, and how it affects a car accident claim is important for anyone hurt in a Sioux City crash.

What Is the Meniscus and How Does a Tear Happen?

The meniscus refers to the cartilage located between the thighbone and shinbone that cushions the knee joint. A meniscus tear can occur when the knee is twisted in an awkward position and force is applied at the same time, which is exactly the kind of stress a car accident can place on the body. Tears are not all the same. According to the American Academy of Orthopaedic Surgeons, the most common types of meniscus tears are the parrot-beak, bucket handle, flap, longitudinal, and mixed or complex tears. These terms refer to both the location in the meniscus where the tear occurs and the pattern of the tear itself.

Recognizing the Symptoms

If you were involved in a car accident in Sioux City and are experiencing knee problems, the following symptoms may indicate a torn meniscus and should be evaluated by a doctor as soon as possible.

• Intense, debilitating pain in the knee
• A feeling that the knee cannot support the body and will give way under weight
• Inability to move the knee through its normal range of motion
• Swelling and stiffness
• Trouble fully extending the knee
• A popping sensation at the time of injury

Seeing a doctor immediately after a crash is critical not only for your health but also for your legal claim. Delays in seeking medical care give insurance companies grounds to argue that your injury is not related to the accident.

Treatment for a Torn Meniscus

Most patients with a torn meniscus will need to wear a knee brace to support the injured area. Ice, corticosteroid injections, and anti-inflammatory medications may also be part of the treatment plan. When the tear is severe, knee arthroscopy, a type of surgery, may be required. According to MedlinePlus, a patient's age can affect what type of treatment is appropriate, with younger patients sometimes less likely to require surgery.

Who Pays for a Meniscus Injury After a Car Accident?

Iowa is an at-fault car insurance state. This means that drivers who are involved in a crash can file a claim with the at-fault driver's insurance company or pursue the at-fault driver directly in civil court. To recover compensation, you must establish who caused the wreck, that the wreck caused your injury, and that you suffered damages as a result of that injury. Damages in these cases typically include medical bills, lost wages, pain and suffering, and more. You can learn more about how fault affects your recovery under Iowa's comparative negligence rules at iowainjured.com.

For an in-depth look at the legal options available after suffering a meniscus tear from a car accident in Iowa, visit iowainjured.com.

What a Sioux City Car Accident Attorney Can Do for You

Car accident cases in Iowa are far more complex than simply exchanging insurance information. Fault must be proven using Iowa's rules of the road. Comparative fault percentages must be argued and defended. Serious injuries like meniscus tears must be properly documented so that the full scope of medical treatment, lost wages, and pain and suffering can be placed before an insurer or a jury.

If you or a loved one have been injured in a left turn collision, rear-end crash, intersection accident, or any other type of car wreck in Sioux City, just because the police may have initially assigned fault does not mean that determination is final or correct. An experienced Iowa car accident attorney can investigate the accident independently, gather evidence, identify all applicable violations of Iowa law, and build the strongest possible case for your recovery.

Cases handled by Walker, Billingsley & Bair are taken on a contingency fee basis. That means there is no upfront cost and no financial risk to you. The firm is only paid if a recovery is made, and the fee is a percentage of that recovery depending on whether the case settles or proceeds through litigation. If no recovery is made, you owe nothing, including no costs for the time spent on your case.

For those not yet ready to speak with an attorney, a free copy of The Legal Insider's Guide to Iowa Car Accidents is available at iowainjured.com. The guide covers Iowa car accident laws, exposes 10 myths about car accident claims, and explains what to know before hiring an attorney, all at no cost and with no pressure.