Urbana Car Accident Injury Attorneys

Injuries and accidents can suddenly change lives. During these tough periods, car accident injury lawyers become crucial allies. They fight for those harmed by others' negligence, ensuring just compensation. This article underscores the vital role these lawyers play in assisting individuals with their claims and recovery.

How is Fault Determined in a Car Accident in Iowa?

Under Iowa law, fault in a car accident is primarily determined based on the concept of negligence. Iowa follows a system known as comparative fault, which means the fault of each party involved in the accident is compared against each other. The percentage of fault assigned to each party impacts the amount of compensation they can receive. For instance, if one driver is found to be 20% at fault for an accident, their compensation will be reduced by that percentage. This approach ensures that all contributing factors are considered in determining liability and compensation.

Rules of the Road

The determination of fault in Iowa is guided by the Rules of the Road, which are based on laws passed by the legislature. These rules include speed limits, the duty to yield, adherence to traffic devices, and the requirement to wear seatbelts. Specific scenarios illustrate how fault is determined:

Rear-End Collisions

If you are struck from behind while legally stopped at a traffic light, stop sign, or otherwise following the law, the driver who hit you is generally considered 100% at fault. This is because drivers are expected to maintain control of their vehicles to avoid collisions.

Failure to Obey Stop Signs or Traffic Lights

Drivers who run red lights or ignore stop signs often do so out of haste or inattention. If an accident results from such behavior, the driver who disobeyed the traffic device is typically found to be entirely at fault.

Failure to Yield in Roadways and Uncontrolled Intersections

Accidents frequently occur when a driver fails to yield the right of way, whether at a controlled intersection with signs and signals or at an uncontrolled one. Fault in these cases can depend on various factors such as the presence of traffic control devices, the speed of the vehicles, road conditions, and whether any drivers were distracted.

Failure to Use a Seatbelt

As of March 25, 2018, Iowa law reduces compensation by up to 25% if the injured party was not wearing a seatbelt, even if the other driver is clearly at fault. This emphasizes the importance of always wearing a seatbelt to protect oneself and avoid reductions in compensation.

Pedestrian Accidents

Pedestrians struck in a crosswalk have legal protections and the driver is typically found at fault if they fail to yield. However, pedestrians must also exercise ordinary care. Pedestrians crossing outside of crosswalks must yield to vehicles, and failing to do so can result in them being found at fault for any resulting accident.

Bicycle and Motorcycle Accidents

Bicycles and motorcycles must follow the same rules as motor vehicles. Accidents often occur when drivers do not see or properly accommodate bicycles or motorcycles. Specific regulations, such as the requirement for lights on bicycles at night, also influence fault determination. Additionally, the rider's actions, like proper brake application and helmet use, are considered in motorcycle accidents.

Common Car Accident Injuries: Rotator Cuff Tears

Rotator cuff tears are a frequent injury in car accidents, caused by trauma to the shoulder joint. Symptoms include pain, limited mobility, and a crackling sensation when moving the shoulder. Treatment options range from non-surgical methods like rest and medication to surgical repairs, depending on the severity of the tear. Those unable to work due to this injury can seek compensation for lost wages and medical expenses.

Steps to Take After a Car Accident in Iowa

Following a car accident, certain actions can help preserve your personal injury claim:

1. Seek Medical Attention: Ensure everyone receives necessary medical care.
2. Contact the Police: Make a report of the accident, but only provide factual information to avoid anything being used against you later.
3. Gather Evidence: Take pictures of the damage and injuries, and keep detailed notes about how the accident occurred and the impact on your daily life.
4. Consult a Lawyer: An experienced Iowa car accident lawyer can guide you on what to say to the police and how to document evidence effectively.

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.