Understanding Comparative Negligence Rule in a Car Accident Claim in

When you’ve been seriously injured in a car accident in Des Moines, you will need to establish negligence if you plan on pursuing compensation. Des Moines car accident lawyers can evaluate your case to determine if it’s a valid claim and if you may be eligible to seek damages.

The state of Iowa follows the modified comparative fault – 51% rule when it comes to negligence after a car accident in Des Moines. This means that in order to file a claim against the other driver, your fault must be 50% or less. If your responsibility for the accident is found to be 51% or higher, then you cannot recover damages.

However, even if you’re at fault for less than 51%, the amount of damages you’re entitled to may be reduced. Let’s say that you were involved in an accident on Interstate 235. If the other driver made an unsafe lane change, but it was also found that you were speeding, this could be factored into your case and potentially reduce your claim.

This is why seeking legal help is important when your injuries are severe. You need to prove that the other side was more negligent in order to recover more in damages.

The elements of a negligence case can impact the outcome when you’ve been seriously injured in a car accident in Des Moines. For help with your claim, Des Moines car accident lawyers are here to help. 

Contacting Des Moines Car Accident Lawyers

The Des Moines car accident lawyer team at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies. To learn more about what our legal team will do to help you protect your Iowa Workers Comp claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 1-(888) 435-9886 for immediate legal assistance.

Corey Walker
With 19 years legal experience, Corey has been recognized for his work as an injury attorney.
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