If hit by a car while crossing outside of a crosswalk, it may negatively affect recovery of damages in a pedestrian accident claim. Pedestrians in Iowa are required to use the crosswalk when there is one available. According to Iowa statute 321.328, when crossing the road at any point other than a marked crosswalk, pedestrians are to yield the right-of-way to vehicles.
Additionally, whenever traffic-control signals are present at any location that is not an intersection, the marked crosswalk must always be used. So there could be two issues at play, one being the failure to use a crosswalk and the second being a failure to yield.
The pedestrian in the accident may be considered to have acted negligently. A Des Moines personal injury attorney handling the Iowa accident case will have to address this in the claim.
Filing an Injury Claim after a Pedestrian Accident
This doesn’t necessarily mean a claim cannot be filed. If the driver had been negligent in any manner, both parties might be considered at fault. An example would be if the driver was intoxicated or had been looking down at his/her phone while reading/sending a text message when the pedestrian was hit by the car.
However, if there isn’t any evidence to demonstrate negligence of the driver, the pedestrian may be considered totally responsible for the accident. In this case, a claim may not be successful.
Impact of Comparative Negligence Laws if a Pedestrian Is Partially at Fault
If the driver and pedestrian share responsibility for the accident, it will need to be determined how much each one bears. Depending on how fault is assigned, the recovery of damages may or may not be possible.
Iowa follows the modified comparative fault, 51 percent rule. If the pedestrian’s percentage of fault were to reach 51 percent or higher, he/she would not be entitled to damages. Anything below that would allow for recovery, but the amount would be diminished by the percentage of fault that is assigned.
Contacting a Des Moines Personal Injury Attorney for an Iowa Injury Claim
With the complex issues involved in pedestrian accident cases, it’s advisable to contact a Des Moines personal injury attorney. In Iowa, Walker, Billingsley & Bair offers free consultations for individuals hit by a car and wishing to recover compensation for a claim.