Leveling the Field between Injured Iowans and Insurance Companies.

Negligence Law in Iowa (Part A)

According to Iowa negligence law, anyone who is partially at fault for an accident may still be eligible to seek damages. This is because of Iowa's law of comparative negligence. Specifically, Iowa follows the 51% rule of modified comparative negligence.

If you have been injured in an accident in Des Moines, and you are not sure whether you are eligible to claim damages, a Des Moines accident lawyer can investigate your case and determine if you have a valid cause to pursue compensation in an Iowa personal injury claim.

An Overview of Iowa Negligence Law

According to the law of comparative negligence, an injured party may still claim damages after an accident in Des Moines, even if they were partially at fault for the accident. In an Iowa personal injury claim, the victim's recovery will be reduced by their own percentage of fault.

For instance, if you were injured in an accident in Des Moines by a car that made an illegal left turn, but you were driving at twilight without your headlights on at the time of the accident, it may be determined that you were 20% responsible. Therefore, in an Iowa personal injury claim, your recovery will be reduced by a total of 20%. So if a court awards you $50,000 in damages, then your total recovery will be $40,000 ($50,000 - 20% = $40,000).

Iowa negligence law follows a 51% rule of modified comparative negligence. This means that in order to be eligible for compensation, your percentage of fault cannot reach or exceed 51%. If your percentage of negligence does reach or exceed 51%, then you will not be eligible for compensation.

In other words, according to Iowa negligence law, you may be up to half responsible for an accident in Des Moines, and still be eligible to recover damages.

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