Iowa Falls Car Accident Injury Attorneys

Unexpected accidents and injuries can upend lives. In such challenging moments, car accident injury lawyers are crucial allies. They support those harmed by others' negligence, ensuring fair compensation. This piece emphasizes the important function these lawyers serve in helping individuals navigate their claims and recover.

How is Fault Determined in a Car Accident?

Determining fault in a car accident is a critical aspect of filing a claim and receiving compensation for damages. In Iowa, fault is assessed based on the principles of negligence and comparative fault. This means that the actions of all parties involved in the accident are evaluated and compared to determine each party's level of responsibility.

Understanding Comparative Fault in Iowa

Iowa operates under a comparative fault system, which means that fault is apportioned between the parties involved in the accident. For example, if a driver strikes you from behind while you are stopped at a red light, the other driver is likely 100% at fault. However, if you were speeding or distracted by your cell phone when another driver pulled out in front of you, you might be found partially at fault. The percentage of fault assigned to you will reduce your compensation proportionately. So, if your damages amount to $100 and you are found 20% at fault, you will receive $80.

Key Factors in Determining Fault

Fault is determined based on the "Rules of the Road," which include speed limits, duty to yield, following traffic signals, and the requirement to wear a seatbelt. Here are some specific scenarios and how fault is typically determined:

1. Rear-End Collisions:
   - The driver who hits another vehicle from behind is almost always considered at fault. This is because drivers are expected to maintain a safe following distance and be able to stop safely.

2. Failure to Obey Stop Signs or Traffic Lights:
   - Drivers who run red lights or stop signs are usually found at fault if they cause an accident. These traffic controls are critical for safe road navigation.

3. Failure to Yield in a Roadway:
   - When a driver pulls out in front of oncoming traffic, the factors considered include traffic signals, the speed of the vehicles, road conditions, and whether any party was using electronic devices.

4. Failure to Yield at Uncontrolled Intersections:
   - At intersections without signals or signs, drivers must yield to the vehicle on their right. If a collision occurs, the position of each vehicle relative to the intersection is crucial.

5. Failure to Use a Seatbelt:
   - As of March 2018, not wearing a seatbelt can result in a reduction of up to 25% in your compensation, even if the other driver is clearly at fault. Always wear your seatbelt to protect your health and your legal claim.

6. Pedestrian Accidents:
   - In Crosswalks: Drivers must yield to pedestrians in crosswalks. If you are hit while in a crosswalk, the driver is usually at fault.
   - Outside Crosswalks: Pedestrians must yield to vehicles. If hit outside a crosswalk, the pedestrian may be found at fault.

7. Bicycle and Motorcycle Accidents:
   - Bicycles and motorcycles have the same rights and duties as other vehicles. Unique factors such as visibility, use of lights, and the specific actions of both the rider and driver are considered.

Steps to Take After an Accident

To protect your claim and preserve evidence, take the following steps immediately after an accident:

1. Find Out Where Your Car is Being Towed:
   - Ensure your vehicle is preserved for evidence by contacting your lawyer to send a preservation letter to the tow yard.

2. Move Your Car to a Private, Covered Storage Area:
   - This prevents high daily fees and potential tampering at the tow yard.

3. Take Pictures:
   - Always keep a camera in your vehicle to document the accident scene and damages. This can be crucial evidence if disputes arise.

Seeking Compensation for Depression After a Car Accident

Physical injuries are not the only damages you may suffer in a car accident. Mental health issues such as depression and anxiety are common but often overlooked. To claim damages for mental suffering, you must provide evidence linking your mental health issues to the accident. This may include:

- Loss of Enjoyment of Life
- Poor Sleep Quality
- Withdrawal from Friends and Family
- Impairment of Ability to Work

It's essential to document your symptoms and seek a psychiatric evaluation. Insurance companies often resist compensating for mental health claims, so working with an experienced attorney is crucial.

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.