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Sudden accidents and injuries can change lives. During these difficult periods, car accident injury lawyers become indispensable allies. They fight for those injured due to others' carelessness, ensuring just compensation. This article underscores the vital role these lawyers play in helping people navigate their claims and recovery.
Understanding Comparative Fault in Iowa
Iowa adheres to comparative fault laws when determining liability in car accidents. This means that the fault of each driver involved in a collision is compared and assigned a percentage. For instance, if one driver is found to be 25% at fault and the other 75% at fault, the compensation is adjusted accordingly. A driver who is 51% or more at fault cannot recover any damages. This system underscores the importance of understanding various traffic laws and how they can be used to establish fault in an accident.
Common Ways to Prove Fault
Several common violations can be used to determine fault in Iowa car accidents:
1. Failure to Stop Within an Assured Distance
- Assured Clear Distance Ahead: Drivers must maintain a speed that allows them to stop within a clear distance ahead.
- Failure to Maintain Control: Drivers must control their vehicle and adjust speed when approaching intersections.
- Following Too Closely: Drivers must not follow another vehicle more closely than is reasonable based on speed, traffic, and road conditions.
2. Failing to Yield
- Meeting and Turning Right: Vehicles meeting on a road must yield half the road by turning right.
- Approaching or Entering Intersection: At intersections, the vehicle on the left must yield to the vehicle on the right.
- Backing Onto a Highway: Drivers must not reverse onto a highway unless it is safe.
- Slow Moving Vehicles: Slow vehicles should drive in the right-hand lane or as close to the right-hand curb as possible.
- Driving on Right Half of the Road: Vehicles must generally drive on the right half of the road, except in specific situations like overtaking.
3. Failing to Obey Traffic Control Devices
- Traffic Lights: Vehicles must obey signals, yielding to traffic already in the intersection when facing a green light, stopping at yellow lights if safe, and remaining stopped at red lights unless turning where permitted.
- Making a Left Turn Across Traffic: Vehicles must yield to oncoming traffic when making left turns.
Preserving Evidence After a Car Accident
To ensure a strong claim, it is crucial to preserve evidence, especially when vehicles are towed from the accident scene. Here are some steps to take:
1. Find Out Where Your Car Is Being Towed: Immediately contact your lawyer to send a preservation letter to the tow yard, requesting the vehicle remain untouched.
2. Move Your Car to a Private, Covered Storage Area: Tow yards charge high fees and may destroy cars quickly. A private unit prevents this and protects against vandalism.
3. Take Pictures: Keep a disposable camera in your car to document the accident scene and vehicle damage, preserving evidence in case the car is tampered with or destroyed.
Mental Health Therapy Coverage in Car Accident Claims
Injuries from car accidents can be both physical and psychological. Whether car insurance covers mental health therapy depends on several factors:
1. Policy Amount: Your insurance will pay up to the policy limit. Iowa requires minimum bodily injury liability coverage of $20,000 per person, which can cover mental health therapy if the other driver is at fault.
2. Extent of Injuries and Severity of the Accident: Insurance companies are more likely to cover mental health therapy if the injuries and accident severity justify the need.
3. Other Options: If insurance does not cover therapy, you can file a personal injury lawsuit for comprehensive damages, including mental health costs.
How an Attorney Can Help
An experienced attorney can be instrumental in navigating the complexities of car accident claims and lawsuits. They can help:
1. Prove the Severity of Mental Health Injuries: An attorney can gather evidence and build a case demonstrating the necessity of mental health therapy.
2. Negotiate with Insurance Companies: An attorney can negotiate on your behalf to ensure fair compensation.
3. File a Personal Injury Lawsuit: If necessary, an attorney can guide you through the legal process, ensuring all aspects of your injuries are addressed.
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.