Attorneys
- La Porte City Personal Injury Attorneys
- Phone: 641-792-3595
- Directions
Pedestrian Accidents and Shared Liability in La Porte City
Pedestrian accidents are a serious concern, and a significant number of them happen at night. According to the National Highway Traffic Safety Administration's National Center for Statistics and Analysis, a large majority of pedestrian accidents occur after dark. If a pedestrian in La Porte City fails to take basic safety precautions, such as wearing light-colored or reflective clothing or carrying a light while walking at night, this can potentially be viewed as a form of negligence.
In any pedestrian-car accident, both the driver and the pedestrian may be assigned a degree of fault. Insurance companies, attorneys, and courts examine the facts of the case to determine how much responsibility each party bears. In some situations, one party is clearly at fault, while in others, both may share the blame.
A pedestrian may hold some liability for an accident if they:
- Failed to use a crosswalk
- Crossed the street against a "don't walk" signal
- Walked or ran in front of oncoming traffic
- Did not take nighttime safety precautions, such as wearing reflective or light-colored clothing
- Failed to obey other applicable traffic rules
Iowa's Comparative Negligence Rule
Iowa follows what is known as the comparative negligence rule. Under this rule, even if a pedestrian in La Porte City was partly to blame for an accident, up to 50 percent at fault, they can still pursue compensation for their injuries. However, the total settlement amount will be reduced in proportion to the pedestrian's degree of fault.
For example, if a pedestrian is found to be 40 percent liable for an accident, their settlement award will be reduced by that same 40 percent. Because compensation is directly tied to the degree of fault assigned, proving liability accurately is one of the most important parts of any pedestrian accident claim.
An experienced attorney can help a La Porte City accident victim by:
- Uncovering the facts surrounding the accident
- Protecting the client's legal rights
- Working to lessen the client's assigned degree of fault
- Calculating the full extent of damages and pushing for a fair settlement
Because both pedestrians and drivers are expected to follow traffic and safety rules, determining fault after an accident is rarely simple. Consulting with a qualified personal injury attorney as soon as possible gives a La Porte City accident victim the best chance of protecting their rights and building a strong claim.
Tips for Dealing with Insurance Adjusters
There are hundreds of insurance companies and thousands of adjusters across the country, and they generally share a few things in common. First, they are trained in techniques designed to reduce the value of a claim and to convince injury victims to accept a smaller settlement, particularly when the victim is not represented by an attorney who understands the law. Second, while an adjuster may act friendly, they do not have your best interests in mind, and they are legally permitted to withhold the full truth from you. Third, and most importantly, the adjuster's job is ultimately to pay out as little money as possible in order to protect the insurance company's profits.
Understanding this dynamic from the start can help a La Porte City injury victim avoid common pitfalls during the claims process. If an insurance company assigns an attorney to help evaluate or negotiate your claim, this is a strong signal that you should consider having your own attorney in your corner as well, since navigating the process without representation can lead to costly, avoidable mistakes.
Under Iowa's comparative negligence rule, an injury victim who is up to 50 percent at fault can still recover compensation, reduced in proportion to their share of the blame.
Can You Trust the Insurance Company?
There are more than 100 insurance companies selling policies in Iowa alone, covering everything from personal injury to workers' compensation. While people generally purchase insurance to protect themselves from future loss, paying a premium does not mean an insurance company is looking out for your best interests. Many La Porte City residents mistakenly believe that their own insurance company will pursue a claim against the at-fault party on their behalf. In reality, while your insurer may seek reimbursement for property damage, it is highly unlikely that they will pursue a claim for your personal injuries.
Whether you are dealing with your own insurer or another party's insurance company, keep the following in mind:
- The insurance company does not represent you or your best interests
- They are not required to tell you the truth
- Their goal is to make the most profit possible, which means paying you as little as possible
- An adjuster may seem friendly, but they are not looking out for you
- Insurance companies are in the business of selling policies, not paying out claims
Practical Tips for Protecting Your Claim
Tell the truth. Anything you say to an insurance company or their lawyers can and may be used against you. Even a small inconsistency can damage your credibility, so it is always best to be truthful.
Be careful when dealing with adjusters. Watch what you say, since it could later be used against you. Insurance companies employ trained professionals, so having your own professional, such as an attorney, working on your behalf can help level the playing field.
Keep thorough documentation. Maintain a diary or journal describing how you feel day to day, along with doctors' excuses for missed work and records of appointments. Keep and review any medical bills or explanation of benefits forms you receive.
Be thorough at medical appointments. Tell your medical providers everything that hurts. Insurance companies base their settlement offers on medical records, and if you wait weeks or months to report a symptom, the insurer may argue it was unrelated to the accident and reduce their offer.
Attend medical appointments regularly. Failing to see a doctor consistently can be viewed as evidence that you have fully recovered. If your doctor tells you to follow up as needed, that means returning if you are still experiencing problems, not skipping further care altogether.
Protecting Your Rights After an Injury in La Porte City
Whether you were injured as a pedestrian, in an accident caused by another driver, or in another type of personal injury incident, understanding how liability and insurance claims work in Iowa is essential to protecting your right to fair compensation. Insurance adjusters are trained to minimize payouts, and without proper documentation and legal guidance, it can be easy to unintentionally damage your own claim.
To learn more about how to protect yourself throughout the claims process, read our related article on what insurers don't want you to know.
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.