- Ankeny Car Accident Injury Attorneys
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Car accidents in Ankeny can happen in an instant, but the legal, medical, and financial consequences can last for months or even years. Whether you were struck by a driver making a reckless left turn, left stranded after a hit-and-run, or are now trying to navigate conversations with an insurance adjuster who is not on your side, knowing your rights and how to protect them from the very beginning can make an enormous difference in your recovery. This guide covers the three most common and consequential situations Ankeny car accident victims face.
Left Turn Car Accidents in Ankeny: Who Is at Fault?
Left turn car accidents are among the most serious crashes seen on Iowa roads. The force of a left turn collision is often concentrated on the passenger side of the vehicle, and the impact can send the turning vehicle skidding or even rolling. Determining who is legally at fault for a left turn crash is called a liability determination, and it depends on several factors that experienced Ankeny car accident attorneys refer to as the Rules of the Road.
How Traffic Controls Affect Fault
The presence or absence of traffic controls at the intersection where a left turn crash occurs is one of the first things an attorney examines. If you were waiting to turn left across traffic and had a green arrow, the fault most likely rests with the other driver. However, if you had a blinking yellow or red light when you turned, you may be found at fault for the collision.
One of the most difficult fault determinations arises when a driver is in the middle of an intersection getting ready to turn left as the light changes from green to yellow to red. The oncoming driver may have run the red light, but if the turning driver pulled into the other vehicle's path at the wrong moment, fault can shift to the turning driver. Most intersections in Iowa do not have traffic cameras, which makes witness testimony and other evidence critically important in these cases.
Left turn crashes at stop signs are also common. A driver looks and believes no traffic is coming, but a vehicle is in fact approaching. Distracted driving, including talking on a cell phone or texting while making a left-hand turn, is one of the leading causes of these crashes. Driver distraction is the number one reason car accidents occur in the first place, and no call or text is worth the price a driver and their family could pay as a result of a crash.
The Duty to Yield When Turning Left
Under Iowa law, when you make a left-hand turn across traffic, you have a duty to yield to oncoming vehicles. If you pull out in front of an approaching vehicle that then strikes you, you will likely be found at fault for the collision. However, if the other vehicle was speeding, that driver may also bear fault. Iowa law gives you the right to assume that other drivers around you are following traffic laws. This means that if the other driver was traveling 100 miles per hour in a 55-mile-per-hour zone when you turned in front of them, that speeding driver may be found 100 percent at fault for the collision.
At uncontrolled intersections with no traffic signals, the general rule is that you must yield to your right. You must also yield to oncoming traffic when turning left. If a vehicle approaching from your right is struck because you turned left in front of it, you may be found at fault, although the speed of the other vehicle will also be a factor in the final determination. You can read more about how fault is determined in a left turn car accident in Iowa at iowainjured.com.
Iowa's Comparative Fault Rule and What It Means for Your Claim
Because determining fault is not always straightforward, Iowa uses a system called comparative fault. Under this rule, the percentage of fault assigned to each driver is compared, and your compensation is reduced by your own share of responsibility. To recover any damages at all, you must prove that the other driver was at least 50 percent at fault for the accident.
Example: You were turning left at an intersection and it is disputed whether the other driver ran a red light or whether you turned in front of them just before the light changed. A judge or jury finds you were 30 percent at fault and awards you $100,000 for your injuries.
Under Iowa's comparative fault rule, your recovery is reduced by 30 percent. You would collect $70,000 rather than the full $100,000.
This is why it is critical not to assume that a police report finding fault against you is the final word. Police officers are not always right, and a qualified Ankeny car accident attorney can investigate whether the evidence supports a different conclusion.
Cases handled by Ankeny car accident attorneys operate on a contingency fee basis, which means there is no upfront cost and no risk to you. The firm is only paid if it is successful in making a recovery, and then it is a percentage of that recovery depending on whether the case settles or litigation is required. If the case is not successful, you owe nothing, including costs or time spent on the case. For related fault scenarios, you may also want to review the iowainjured.com articles on fault in U-turn accidents and fault in sideswipe car accidents.
Green Arrow: Other Driver Likely at Fault
If you were turning left with a green arrow signal, the presumption is that you had the legal right of way. The approaching driver who struck you likely bears primary fault for failing to yield to your protected turn signal.
Blinking Yellow or Red: You May Be at Fault
Turning left on a blinking yellow or red signal places the duty to yield squarely on the turning driver. If an accident occurs under these circumstances, expect the insurance company to argue that you were primarily responsible.
Stop Sign Turns: Look Twice Before Proceeding
Turning left from a stop sign requires full attention. Always look in both directions twice before proceeding. Talking on a phone or texting while making this maneuver significantly raises the risk of a serious collision.
Speeding Oncoming Drivers: Shared or Full Fault
If the driver who struck you was exceeding the speed limit, that fact may shift fault entirely to them or significantly reduce your share of liability under Iowa's comparative fault rules.
What to Do After a Hit-and-Run Accident in Ankeny
Hit-and-run accidents are more common than most people realize. According to the AAA Foundation for Traffic Safety, approximately 11 percent of all motor vehicle crashes involve a driver who flees the scene. About 1,500 people are killed in hit-and-run accidents each year across the country, and roughly 60 percent of those victims are pedestrians. If you or a loved one were injured in a hit-and-run crash in Ankeny, understanding your legal options is essential.
Iowa Law on Hit-and-Run Accidents: Fleeing the scene of an accident is illegal in Iowa under Iowa Code Section 321.261. A driver who causes physical harm to another person and flees the scene is guilty of at least a misdemeanor. If the victim died in the crash, the fleeing driver can face a Class D felony charge. Victims and their families also have the right to file a civil injury or wrongful death lawsuit against the driver if they are later caught and apprehended.
The Right Steps to Take at the Scene
If you are in a crash and the other driver flees, acting quickly and correctly can protect both your physical safety and your ability to file a successful claim. The recommended protocol after a hit-and-run accident includes the following steps:
- Call 911 immediately and report the accident to law enforcement.
- Provide the police with all information you can recall about the accident and obtain a copy of the official report when it becomes available.
- Write down any identifying details about the other vehicle, including the make, model, color, and any part of the license plate number you may have seen, as well as anything you recall about the driver's appearance.
- Collect contact information from any witnesses who saw the accident happen. Their accounts can be critical to your case.
- Call your insurance company to report the accident, find out what your coverage includes, and determine whether you can file a claim under your own policy.
One thing you should never do after a hit-and-run is attempt to chase or track down the fleeing driver on your own. In many cases, drivers flee because they are intoxicated, have a criminal record, recently committed a crime, or are driving without insurance. Pursuing a fleeing driver places you at serious risk of further injury. Let law enforcement handle the investigation.
Using Uninsured Motorist Coverage After a Hit-and-Run
Some drivers carry uninsured motorist coverage, also known as UM coverage. This type of insurance is optional in Iowa, but it is highly valuable in exactly these situations. Uninsured motorist coverage applies when you are in a crash with a driver who either fled the scene or has no insurance of their own. If you carry UM coverage, you can file a claim with your own insurance company to recover damages for your injuries and losses.
If you do not have UM coverage and the hit-and-run driver is never identified, you may be responsible for your own damages unless law enforcement locates the other driver. Your health insurance may cover some of your medical costs once you meet your deductible. Speaking with an Ankeny car accident attorney helps you identify every available avenue for compensation in these difficult situations. For more information, visit the iowainjured.com article on what to do after a hit-and-run accident.
How to Deal with the Insurance Adjuster After an Ankeny Car Accident
After any car accident in Ankeny, one of the first people you will hear from is an insurance adjuster. These professionals are trained to use specific words and techniques to settle your case and close your file as quickly and cheaply as possible. They do this for a living, all day, every day. Understanding how to conduct yourself during these interactions can protect your claim and prevent costly mistakes that cannot be undone.
What to Do and What to Avoid When Talking to an Adjuster
Anything you say to an insurance adjuster can and may be used against you by the insurance company and their lawyers. Even a small lie can destroy your credibility for the entire case. The best approach is to always tell the truth. If you do not know an answer, say you do not know. Making up or guessing at an answer can only hurt your case.
Keep all documents related to your accident, even those that may not seem important at the time. Keep a diary or journal recording who you speak to, when you speak to them, and what is said. Your journal will help prove the full extent of your damages and can result in a higher evaluation of your claim. Use your journal to track all of your medical appointments so that you can provide accurate information to the insurance company and your attorney.
If your injuries cause you to miss work, keep detailed records of every day missed. This includes maintaining doctors' excuses for missed days and tracking the time you spend away from work for medical appointments. Lost wages are a recoverable damage in Iowa car accident cases, but you must document them carefully to recover them.
Keep every medical bill, explanation of benefits form, and insurance correspondence you receive. The medical records generated during your treatment are among the most important pieces of evidence in your car accident case. They will include your description of how you were injured, your physical complaints, your diagnosed conditions, your doctor's examination findings, and the treatment you received. The insurance company will base its settlement offer to you on this information. If you fail to tell your doctor about every symptom, the insurer will claim those problems were not caused by the accident and reduce their offer accordingly.
Failing to see a physician regularly is treated as evidence of full recovery by the insurance company and potentially by a judge or jury later. While you should not visit the doctor every day, you must keep your appointments and communicate openly with your doctors about ongoing pain and symptoms. If your doctor says to follow up as needed, return within a few weeks if problems persist. Failing to do so sends the signal to everyone involved that you have healed, even when you have not.
Insurance adjusters often offer a few thousand dollars early in the process hoping you will accept quickly and close the file before understanding the true value of your injuries. Once you accept a settlement and sign the release, it is very difficult to reverse course later. While you can often handle a property damage-only claim on your own, when a car accident involves personal injuries, having an experienced Ankeny car accident attorney review any offer before you accept it is strongly recommended.
For a full breakdown of how to handle insurance adjuster interactions after a crash, visit the iowainjured.com guide on dealing with insurance adjusters in motor vehicle injury cases.
How an Ankeny Car Accident Attorney Protects Your Rights
Whether your case involves a disputed left turn crash, a hit-and-run where the driver was never identified, or an insurance adjuster pressuring you to accept a fast and inadequate settlement, an experienced Ankeny car accident attorney provides the legal knowledge and advocacy you need to protect your claim at every stage.
A qualified attorney investigates the full circumstances of the accident, gathers evidence including police reports, witness statements, and any available traffic or surveillance footage, and accurately calculates the complete value of your damages, including medical expenses, lost wages, and pain and suffering. They handle all communications with the insurance company on your behalf so you can focus on recovering, and they push well past the lowball first offer that adjusters use to close files cheaply.
Remember, just because the police may have assigned fault in a certain direction does not mean that determination is final or correct. If you or a loved one was injured in a left turn crash, a hit-and-run, or any other car accident in Ankeny, a free no-cost consultation costs you nothing and could protect you from mistakes that cannot be undone later.
Seeking Legal Assistance in Ankeny
Seeking legal counsel from experienced Ankeny Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. 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.