Ames Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers are indispensable allies. They specialize in representing those affected by negligence, ensuring they get the compensation they deserve. This article explores the significant role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

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

Iowa's Comparative Fault Rule

The state of Iowa follows the modified comparative fault – 51% rule when it comes to negligence after a car accident. 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, 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. For example, if you were involved in an accident on Interstate 235 where the other driver made an unsafe lane change but it was also found that you were speeding, this could reduce your claim.

Seeking legal help is important when your injuries are severe. You need to prove that the other side was more negligent to recover more in damages. The elements of a negligence case can significantly impact the outcome when you’ve been seriously injured in a car accident in Iowa.

Bicycle Accidents and Helmet Use

When filing a claim for injuries sustained during a bicycle accident, questions about fault and how your actions will impact your settlement amount are common. Iowa is one of 13 states with no bicycle helmet law, meaning there is no legal obligation to wear a helmet. Riders of any age in Iowa do not have to wear helmets. Thus, not wearing a helmet doesn’t automatically mean you are negligent.

However, the defendant might argue that you acted negligently by not wearing a helmet, even if it's not required by law. Negligence is defined as irresponsible and unreasonable behavior. The defense could claim that despite the lack of legal requirements, the importance of a helmet is common knowledge, making not wearing one unreasonable and unsafe. This argument is particularly relevant if you sustained head injuries.

If the driver argues that your actions were unreasonable, your claim may fall under the state’s comparative negligence laws. These laws do not bar a victim from recovering damages if they are less than 50 percent at fault. However, the law diminishes the victim’s recovery amount by their proportion of the blame. Even with a head injury, it is possible to hold the other party completely liable by demonstrating that their negligent actions were the primary cause of your injuries.

Pedestrian Accidents and Motorist Responsibilities

Every year, about 70,000 pedestrians are injured in motor vehicle accidents in the U.S., despite well-established laws for pedestrians and motorists. Many accidents happen due to ignorance of the rules of driving around pedestrians.

In Iowa, motorists must give the right of way to pedestrians when entering or leaving a driveway, parking lot, or alley. They must also yield to pedestrians crossing at intersections, whether on marked or unmarked crosswalks when there are no traffic signals. Motorists are expected to exercise special precaution when driving through residential areas, near schools, shopping centers, parking lots, and congested areas like downtown.

In the event of an accident involving a pedestrian, victims can seek compensation by filing injury claims. Evidence must demonstrate that the motorist violated the rules of driving around pedestrians.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.