Attorneys
Multi-car accidents are a common occurrence especially when there is a weather event like fog or black ice. When determining whose insurance pays an evaluation of fault (also known as negligence) will need to be done to determine which driver started the chain reaction that led to the multi-car accident. Fault can also be assessed for drivers who were following too closely and could not maintain control of their vehicle.
Also, keep in mind that Iowa has what is called comparative fault, which means if there are, for example, 4 drivers, each of the drivers can be assessed a percentage of fault. If you are not found 51% at fault then you are able to recover your damages, but they are reduced by your percentage of fault.
For example, if a jury determines that your damages are $100,000 and finds that you are 10% at fault, then your recovery is $90,000 ($100,000 X 10% = $10,000, $100,000 - $10,000 = $90,000).
Common Faults/Negligence
These are also known as the Rules of the Road and drivers can be assessed a percentage of fault for each of these items:
Reasonable and Proper
If the driver is found to be driving at a speed that is too fast considering traffic, surface, and width of the road, and other conditions like weather, including fog, snow, and ice.
Speed in Excess of Statutory Limits
If a driver is found to be driving above the posted speed limit.
Assured Clear Distance Ahead
If a driver is found to have been driving at a speed that was too fast for the driver to stop without hitting a car or other object.
Control
A driver must have his or her vehicle under control, including being able to steer the vehicle and stop the vehicle.
Use of Ordinary Care
When conditions require driving slower than the speed limit, a driver must take into account the road conditions when determining what the proper speed to drive is.
Following Too Closely
A driver must follow another vehicle at a reasonable distance, considering the speed of the vehicle, traffic, and condition of the highway, including snow and ice.
Passing a Vehicle
A driver going the same direction in a two-lane highway within a “passing zone” can pass another vehicle on the left so long as it is clearly visible that there is no traffic coming and the pass can be made without interfering with the safe operation of the vehicle approaching from the other direction. Further, after making the pass, the driver is not to drive back on the right side until it is safe to do so.
If you are being passed by a vehicle, you must give way to the passing vehicle and shall not increase the vehicle’s speed until completely passed by the other vehicle.
Approaching or Entering an Uncontrolled Intersection
A driver approaching another vehicle at approximately the same time in an intersection without lights, a yield sign, or a stop sign shall yield the right of way to the vehicle on the right.
Entering Through Highways
A driver shall stop or yield at the entrance of a through highway, as the other vehicles on the through highway have the right-of-way.
Stop Before Crossing a Sidewalk
A driver coming out of a road, alley, driveway, building, or other structure with a sidewalk shall stop the vehicle immediately before driving onto the sidewalk area and only proceed when it can be safely done without danger to pedestrians.
Right of Assumption
Drivers have the right to use the road, but have to respect the rights of others. Each driver can assume the other driver would obey the law until they knew or should have known the other driver was not going to obey the law.
Lookout
A driver must maintain a proper lookout while driving, which includes being aware of the operation of the driver’s vehicle in relation to what the driver sees or should have seen. While a driver is not required to look out the rearview mirror all the time, the driver must be aware of the presence of other vehicles when the driver’s actions may be dangerous to others.
Legal Excuse
A driver is allowed to violate the Rules of the Road if something would make complying with the law impossible, if something for which the driver has no control places the driver in a position that is contrary to other laws, or when the driver is confronted with a sudden emergency that the driver did not create.
Sudden Emergency
A sudden emergency is when there are unforeseen circumstances that require immediate action. If a driver is not at fault for creating the sudden emergency, then they are not at fault if the driver uses a reasonable degree of care under the circumstances.
Meeting a School Bus
A driver approaching a school bus that has its amber warning light flashing must reduce their speed to no more than 20 miles per hour and shall come to a complete stop when the school bus stops and the stop signal arm is extended. The driver shall remain stopped until the stop arm is retracted.
A driver shall not pass a school bus that has red or amber warning signal lights flashing. The driver shall bring the vehicle to a complete stop at least fifteen feet from where the bus is stopped.
Above are just some of the Rules of the Road that apply to car accidents in Iowa. You can see that some of these apply to multi-car accidents while others probably do not. If you or a loved one have been injured in a multi-car accident and the insurance companies will not agree on fault, then you should consider having a professional in your corner so you are not taken advantage of.
Seek Legal Representation
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.
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