Des Moines Car Accident Injury Attorneys

If you have been injured in a car accident in Des Moines or anywhere in Iowa, understanding how fault is assigned under state law, what serious injuries like nerve damage look like, and how those factors combine to affect your compensation can make the difference between a fair recovery and a case that falls apart. Here is what every Iowa driver should know.

Iowa Is a Comparative Fault State: What That Means for Your Case

Under Iowa law, car accident cases are governed by what is called comparative fault, sometimes referred to as comparative negligence. This means the fault of every driver involved in a crash is compared against the fault of every other driver. A judge or jury will assign a percentage of fault to each party, and that percentage directly determines how much compensation an injured person can recover.

The math is straightforward but the consequences are significant. If your total damages amount to $100,000 and you are found to be 25 percent at fault for the accident, then the other driver will only be ordered to pay $75,000. Your damages are reduced by your own degree of fault. Even more importantly, if you are found to be 51 percent or more at fault, you are not permitted to recover any damages at all. This is why how fault is established, and by how much, is one of the most critical issues in any Iowa car accident case.

The Rules of the Road: The Foundation for Proving Fault

Iowa follows what are called the Rules of the Road, detailed in Iowa Code Chapter 321, Motor Vehicles and Law of the Road. These laws establish who had a duty to yield, who had the right of way, what speed was required under the conditions, and much more. When one driver violates these rules and a crash results, that violation becomes powerful evidence of fault. Below are the most common ways fault is proven in Des Moines and Iowa car accident cases.

Rear-End Collisions: Failure to Stop Within an Assured Distance

Rear-end accidents are among the most common collisions on Iowa roads, and fault in these cases is often clear. Iowa law requires that no person shall drive any vehicle on a highway at a speed greater than will permit them to stop within the assured clear distance ahead. That phrase refers to the distance from which noticeable objects, reasonably expected or anticipated to be upon the highway, may be seen.

Iowa law also requires that a driver operating a vehicle must have it under control at all times and shall reduce speed to a reasonable and proper rate when approaching and traveling through intersections. Additionally, the driver of a vehicle shall not follow another vehicle closer than is reasonable, considering the speed of the vehicles, the traffic, and the condition of the highway. When any of these rules are violated and a rear-end collision results, the driver in the rear is frequently found to bear significant or total fault for the crash.

If you are legally stopped at a traffic light, stopped at a stop sign, or otherwise following the law when you are struck from behind, there is a strong chance the other driver will be found 100 percent at fault for the collision.

Failure to Yield: A Common and Dangerous Violation

Failure to yield is another frequent cause of serious accidents in Iowa. This violation covers a wide range of situations, from drivers who pull directly into the path of oncoming traffic to collisions at uncontrolled intersections where the general rule is that you must yield to the driver on your right.

Iowa law also specifies that vehicles meeting each other on any road shall yield one-half of the road by turning to the right, which becomes relevant evidence in head-on collision cases. When a driver backs onto a highway, they must yield the right of way to any approaching vehicle that is close enough to constitute an immediate danger. Drivers entering a through highway must stop or yield and allow vehicles already on that highway to pass before proceeding.

In failure-to-yield cases, fault determination involves examining many factors together, including the presence of a stop sign, traffic light, or other signage; the speed of the vehicles; road conditions at the time of the crash; and whether either driver was using an electronic device. All of these elements go into how fault is determined in an Iowa car accident.

Failing to Obey Traffic Control Devices

Running red lights and ignoring stop signs are violations that frequently result in serious crashes. Iowa law is specific about what drivers are required to do when facing different signal colors. Vehicles facing a red light must stop and remain stopped until the signal changes. Vehicles facing a yellow light are warned that the related green movement is ending and should not proceed into the intersection if a safe stop can be made. When a driver disregards these requirements and strikes another vehicle, they will in most cases be found 100 percent at fault for the collision.

Left turns across traffic are also governed by specific rules. A driver intending to turn left must yield the right of way to all vehicles approaching from the opposite direction that are at or near the intersection at the time of the turn. Failing to properly yield before making that left turn is one of the most common causes of Iowa car accidents.

Seatbelt Use and Its Impact on Your Compensation

On March 25, 2018, Governor Reynolds signed a law that now allows fault to be assessed against injured Iowans for failing to wear a seatbelt when required to do so. Under this law, a person can be assessed up to 25 percent fault for not wearing a seatbelt, even if the other driver was drunk and clearly at fault. This means that even when you did nothing to cause the crash itself, failing to buckle up can reduce your compensation by up to a quarter of your total damages. The best protection against this outcome is straightforward: always wear your seatbelt.

Pedestrian and Bicycle Accidents: Shared Rules, Shared Fault

Pedestrians and cyclists are not automatically free from fault when they are struck by a vehicle. Iowa law grants pedestrians in a marked crosswalk the right of way, but even pedestrians must exercise ordinary care, including walking on the right half of the crosswalk whenever possible. If a pedestrian crosses a road in an area that does not qualify as a crosswalk, they have the duty to yield the right of way to all vehicles on the road. Pedestrians walking along the side of a roadway are required under Iowa law to walk on or along the left side of the road, and violating this requirement is considered negligence.

For cyclists, the rights and duties are generally the same as those of other motor vehicle operators. Nighttime riders are required to have a white light on the front of the bicycle visible from at least 300 feet and a red light on the rear visible at least 300 feet. Failing to meet these requirements can be used as evidence of comparative fault if a nighttime bicycle crash occurs. Learn more about common types of bicycle accidents and what to do if you are involved in one.

Nerve Damage After a Des Moines Car Accident: A Serious Injury That Deserves Serious Attention

Fault and liability are only one side of a car accident case. The nature and severity of the injuries suffered play an equally important role in determining how much compensation an injured person deserves. One injury that is frequently underestimated in the aftermath of a crash is nerve damage, specifically nerve impingement, also commonly known as a pinched nerve.

Nerve damage is not always the most visually obvious injury after an accident, but it can be among the most debilitating. These injuries may lead to pain so constant and severe that the victim can no longer participate in activities they enjoyed before the crash. The long-term financial and personal toll of nerve impingement often warrants filing a claim with a qualified Iowa car accident attorney.

What Is Nerve Impingement?

Nerve impingement develops when a nerve is damaged from being compressed by hard tissue such as bone or cartilage. Common sources of that compression include a bulging disc, a bone spur, or a misaligned joint in the spine. All of these are injuries that can result directly from the force of a car accident.

The effects of nerve impingement extend beyond the site of the pinched nerve itself. Because nerve signals move throughout the body, disruption at one point can affect the function and mobility of adjoining muscles and joints. A person suffering from nerve impingement may experience tingling, numbness, muscle weakness, and pain that radiates to other parts of the body far removed from the original injury site.

Why Nerve Injuries Are Easy to Miss and Hard to Dismiss

Think of the nervous system as a superhighway with many exit ramps that allow nerve signals to freely move to different parts of the body. When one of those exit ramps is compromised by a pinched nerve, it disrupts the normal flow of signals and causes pain, numbness, or loss of function throughout the connected area. Because nerve injuries do not always produce visible external signs of trauma, they may be overlooked in early medical evaluations following a crash. This is one reason why seeking prompt medical attention from a doctor or chiropractor after any accident is so important, even when symptoms seem mild at first.

The bills and damages associated with nerve impingement, including diagnostic imaging, specialist visits, physical therapy, medication, and potential surgery, can accumulate quickly. When those costs stem from another driver's negligence on a Des Moines road, an injured victim has the right to pursue compensation for those expenses as part of their car accident claim.

Why Working With a Des Moines Car Accident Attorney Makes a Difference

There are literally hundreds of different ways that vehicle accidents occur in Iowa each year, and the rules governing fault in those situations are detailed and specific. The combination of Iowa's comparative fault system, the complexity of the Rules of the Road, and the potential for serious injuries like nerve damage means that navigating a car accident claim without legal guidance carries real financial risk.

A qualified Des Moines car accident attorney can investigate the crash, gather evidence of the other driver's violations, work to reduce any fault assigned to you, identify all available insurance coverage, document the full scope of your injuries including those that may not be immediately apparent, and push back against insurance company efforts to minimize your claim. You can also read about your complete guide to Iowa car accident injury cases and who is at fault in a sideswipe car accident for more information on specific crash types.

Before you talk to the insurance adjuster or sign anything, learning your rights is essential. Iowans hurt in car accidents are beginning to realize that the insurance company for the other driver is not there to help them, and having someone with experience in Iowa car accident law on your side changes the outcome of these cases.

Seeking Legal Assistance

Seeking legal counsel from experienced 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.

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