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Car accidents happen in an instant, but the consequences can follow an injured person for months or years afterward. Whether you were sideswiped on the highway outside Iowa Falls, struck by a driver who fled the scene, or are now living with nerve damage that is limiting your daily life, understanding your legal rights is the first step toward getting the compensation you deserve. The car accident attorneys at Walker, Billingsley & Bair serve injured Iowans throughout the state, including those in Iowa Falls, and offer a no-cost case evaluation to help you understand your options.
This article addresses three of the most important topics for Iowa Falls car accident victims: how sideswipe accidents happen and who is held at fault under Iowa law, what to do immediately after a hit and run crash, and what nerve impingement injuries are and why they matter when it comes to your legal claim.
Sideswipe Car Accidents in Iowa Falls: How They Happen and Who Is at Fault
A sideswipe accident occurs when two or more vehicles traveling in the same direction make contact along the sides of their vehicles. These collisions most commonly happen when one driver drifts into an adjacent lane, or when two drivers attempt to merge into the same lane at the same time. They are especially prevalent on multi-lane highways and interstates where vehicles are traveling at higher speeds.
While some sideswipe accidents result in nothing more than vehicle damage, others can be devastating. When a driver loses control of their vehicle at highway speed as a result of the impact, the car can veer off the roadway into a ditch and even roll over. Rollover crashes cause more deaths and serious injuries than almost any other type of wreck. Wearing a seat belt is critically important in a rollover situation because without it, a driver or passenger may strike the roof of the vehicle, resulting in a catastrophic spinal cord injury, or may be ejected from the vehicle entirely.
How to Prevent a Sideswipe Accident
Awareness and safe driving habits are the most effective tools for preventing sideswipe accidents on Iowa Falls roads and highways. There are several practical steps every driver can take to significantly reduce the risk.
First, always check both your mirrors and look over your shoulder to clear your blind spot before changing lanes. Most drivers have experienced a moment where they start to merge only to realize another vehicle is already there. That brief check is the simplest way to avoid a collision.
Second, when passing another vehicle, always pass on the left. Iowa Code Section 321.299 and the corresponding uniform jury instruction make this clear: a driver overtaking another vehicle going in the same direction must pass to the left at a safe distance and must not move to the right side of the road until safely past the other vehicle. A violation of this rule is considered negligence under Iowa law. It is worth noting that even if you are sideswiped while attempting to pass on the right, you could potentially be found at fault. While there is an exception for multi-lane highways, passing on the left should always be the default approach.
Third, many newer vehicles are now equipped with lane change warning systems that use radar to detect vehicles in adjacent lanes. These systems typically provide a warning light on the side mirror and some models also produce an audible alert if you activate your turn signal while another vehicle is in your path. This technology has prevented a significant number of serious accidents and is worth taking advantage of if your vehicle has it.
Iowa's Comparative Fault Law and Sideswipe Accidents
Determining who is at fault in a sideswipe accident is rarely a simple question. Because these collisions typically happen at speed and are over in seconds, fault often comes down to eyewitness testimony from drivers who were behind the vehicles at the time of the crash.
Under Iowa law, fault is determined through a system called comparative fault. This means that a judge or jury evaluates the evidence and assigns a percentage of fault to each driver involved. In order to recover any compensation for your injuries, you must prove that the other driver was at least 50 percent at fault. If you are found to share some responsibility, your recoverable damages are reduced by your percentage of fault. As an example, if you are found to be 20 percent at fault, the damages you are entitled to collect would be reduced by 20 percent.
Iowa Code Section 321.306 and the related uniform jury instruction further reinforce the obligation drivers have to stay within their lane. The law states that a vehicle must be driven as nearly as possible entirely within a single lane and must not be moved from that lane until the driver has verified that the movement can be made safely. A violation of this requirement is negligence.
It is also important to understand that your own insurance company will not fight to recover all of your damages. While they may make their own fault determination, they will only pursue the money they paid under your automobile policy. They will not pursue your medical bills, lost wages, pain and suffering, loss of quality of life, or other damages you have sustained. Having an attorney on your side ensures someone is looking out for the full value of your claim.
What to Do After a Hit and Run Accident in Iowa Falls
Being struck by a driver who then flees the scene is one of the most frustrating and frightening situations any Iowa Falls motorist can face. According to the AAA Foundation for Traffic Safety, approximately 11 percent of all car accidents involve a hit and run driver. Many of these drivers flee because they are uninsured or are driving while intoxicated. Knowing how to respond in the immediate aftermath of a hit and run can make a significant difference in your ability to pursue compensation.
Do Not Chase the Other Driver
The instinct to pursue the driver who just hit you is completely understandable, but authorities strongly advise against it. The person fleeing the scene may be a dangerous individual who could react unpredictably if confronted. The safest course of action is to remain calm, stay at the scene, and focus on gathering whatever information you can while waiting for police to arrive.
Collect as Much Information as Possible
Provided your immediate medical needs have been addressed, write down everything you can remember about the vehicle and the driver. Every detail matters and can help police locate the responsible party and support your insurance claim. Try to record:
- The make and model of the fleeing vehicle
- The license plate number, or as many digits as you can recall
- A physical description of the driver
- The names and contact information of any witnesses who saw the crash
While the police are surveying the scene, take photos and videos of the accident location and any visible vehicle damage. This documentation can support both the police investigation and your insurance claim.
Contact the Police and File a Report
Contacting the police after a hit and run in Iowa Falls is not optional. You will need a police report to support your claim, regardless of whether the other driver is ever identified. After the officers have assessed the scene and collected all relevant information, ask how you can obtain a copy of the completed report for your own records.
Understand Your Insurance Options
Because the at-fault driver may never be identified, recovering compensation after a hit and run in Iowa Falls most often requires filing an uninsured motorist claim with your own insurance company. Uninsured motorist coverage is not required in Iowa, but if you carry it, it can help cover your medical expenses and other losses when the responsible driver cannot be found. If the other driver is eventually located, you may be able to file a claim directly against their insurance policy.
Hit and run accidents can result in enormous losses, and the path to recovery is not always straightforward. Consulting with a car accident attorney in Iowa Falls as soon as possible after the crash gives you the best chance of protecting your rights and exploring every avenue for compensation.
Nerve Damage and Nerve Impingement After an Iowa Falls Car Accident
Not all car accident injuries are immediately visible. While broken bones and lacerations are apparent at the scene, other serious injuries can take time to fully manifest. One of the most debilitating and often overlooked consequences of a car crash is nerve damage or nerve impingement. For many accident victims in Iowa Falls, it is this type of injury that ultimately has the greatest long-term impact on their quality of life.
What Is Nerve Impingement?
Nerve impingement, which is also commonly referred to as a pinched nerve, develops when a nerve becomes compressed by hard tissue such as bone or cartilage. Some of the most frequent sources of this compression include a bulging disc, a bone spur, or a misaligned joint in the spine. All of these conditions can be directly caused or worsened by the sudden, violent forces involved in a car accident.
What makes nerve impingement particularly serious is that the effects are not limited to the site of the compression itself. A pinched nerve can disrupt the function and mobility of the muscles and joints connected to it, producing a wide range of uncomfortable and sometimes disabling sensations throughout the body. Victims commonly report tingling, numbness, muscle weakness, and pain that radiates outward to the arms, legs, or other areas of the body.
How the Nervous System Is Affected
A helpful way to understand how a pinched nerve affects the body is to think of the nervous system as a complex highway. Signals travel along this network and exit at specific points to reach different parts of the body. When one of those exit points is blocked or compressed as a result of a car accident injury, those signals cannot travel freely. The result is disrupted function in the areas served by that nerve, which can manifest as constant or recurring pain, weakness, or a loss of normal sensation.
Because nerve impingement does not always produce obvious outward signs, it is sometimes dismissed or misdiagnosed in the early stages following a crash. This is one of the reasons it is so important for Iowa Falls car accident victims to seek prompt medical attention from a doctor or chiropractor after any significant collision, even when they initially feel that their injuries are minor.
The Legal Consequences of Nerve Damage
Nerve impingement injuries can prevent accident victims from participating in activities they enjoyed before the crash, limit their ability to work, and require ongoing medical treatment for months or years. These losses translate directly into legal damages that you may be entitled to pursue through a car accident claim. Medical expenses, lost income, physical pain, and the diminishment of your overall quality of life are all factors that belong in a properly documented and aggressively pursued claim.
Insurance companies frequently try to minimize or dispute nerve damage claims because the injury is not always visible on standard imaging. Having an experienced Iowa Falls car accident attorney in your corner helps ensure that the full extent of your nerve injury is properly documented, communicated, and accounted for in any settlement or court proceeding.
Seeking Legal Assistance in Iowa Falls
Seeking legal counsel from experienced Iowa Falls 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.