Iowa uses a modified comparative fault system when it comes to a car accident in Iowa. However, fault must first be determined, which is something you and your Des Moines car accident lawyer can work together to prove.
After your car accident in Iowa, you'll have to prove who was at fault for the accident, and therefore, who is responsible for the damages. Often, more than one person has a certain degree of fault.
Proving Fault for Your Accident in IowaWhen you're trying to prove fault, you'll need to show that the other driver:
- owed you a legal duty of care;
- failed to fulfill that legal duty;
- caused the accident or your injuries; and
- you actually have injuries as a result of the accident.
Once fault has been determined, the insurance adjuster, judge or jury will assign you a percentage of fault for the accident. Keep in mind that your total settlement will be reduced by your degree of fault.
Iowa's modified comparative fault system follows the 51% rule. This means that you're still able to seek compensation after your accident, provided you are less than 51% at fault in the accident.
For example, if you're 25% at fault for your accident, you can still pursue a claim for restitution, but your settlement will be reduced by 25%.
Proving fault is extremely important in a personal injury case, and because it isn't an easy feat, you'll need to consult with a Des Moines car accident lawyer to better your chances of receiving a higher settlement amount.
Contacting a Des Moines Car Accident Lawyer
With a car accident in Iowa, the State of Iowa follows a modified comparative fault system. The Des Moines personal injury attorney team 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.