Who Is at Fault in a Driver-side Car Accident? | Iowa Laws and Regulations

Iowa is a hub of activity, with vibrant communities and busy metropolitan areas. Beyond the beauty of its cities lies the danger of driver-side car accidents.

Data from the Iowa Department of Transportation in 2019 revealed that there were a staggering 102,407 car accidents in the state, 299 of which resulted in fatalities, while 19,151 resulted in bodily injuries.

Such incidents can be life-changing for those involved, and obtaining recompense becomes critical. When claiming compensation, it is important for victims to understand who is at fault.

This article will take a deeper dive into the laws and regulations surrounding liability and offer insight into how fault is determined in a car accident case.

What Is a Driver-side Car Accident?

Also referred to as T-bone collisions or side-impact crashes, these accidents occur when a motor vehicle hits another car on the driver's side.

They can cause serious injuries because the area of impact is not shielded by the structural protection that would typically be present in a front or rear-end collision.

There are a number of reasons why a driver-side accident might occur. Intersections are particularly famous for these types of crashes.

Failing to yield the right of way, speeding, driving while under the influence, dangerous road conditions, distracted driving, and more are common reasons for these accidents.

Fault and Liability in Iowa

It is important for claimants to remember that fault and liability are determined based on a legal concept known as negligence. In order to claim compensation from the other driver, the injured party will have to prove that he or she failed to provide a duty of care.

This means that they acted recklessly or carelessly, which resulted in the auto accident. It is the claimant's job to demonstrate that the motorist was negligent by providing proof.

However, in some cases, evidence may not be necessary, such as in cases where the other driver is arrested for being intoxicated.

Options for Obtaining Compensation for Car Accidents in Iowa

Generally, there are three routes a person can take against the at-fault driver:

File a Claim with the Other Driver's Insurance

Iowa is a fault state, which means that when a person is injured in a car accident, they can seek compensation directly from the at-fault party. This is typically the best option for incidents that involve minor to moderate injuries.

File a Claim with One's Own Insurance

An injured motorist can also file a claim with their own insurance company if they have uninsured motorist coverage. This kind of coverage is designed to protect drivers in the event that the other party is not insured.

File a Personal Injury Claim

If negligence and significant injuries apply, filing a lawsuit becomes the best course of action. To ensure the best possible outcome, victims should retain copies of their medical bills, photographs from the accident scene, and other crucial documents that can help to back up their claims.

Understanding Iowa's Car Accident Laws

When determining fault and claiming compensation in a motor vehicle accident case, understanding state law is crucial. Below is an overview of some of the laws that apply.

Modified Comparative Fault Rule

Iowa is a modified comparative fault state, which means that a person can obtain compensation, even if they are partly to blame, provided their percentage of fault does not exceed 50%.

However, under this rule, the claimant's compensation will be reduced by the percentage of fault they bear.

Suppose Jane is in a driver-side collision with a motorist who was driving while under the influence. If she bears 10% of the blame for traveling over the speed limit, the amount she receives will be reduced by 10%. So, if she is awarded $500,000 in compensation, she will only receive $450,000.

Insurance Coverage Requirements

According to Iowa law, all motorists in Iowa are required to have car insurance, especially liability insurance. This offers coverage for injuries and property damage in the event of a motor vehicle accident.

Minimum requirements are as follows:

• $40,000 for the death of two people or bodily injury per incident

• $20,000 for death or bodily injury for each injured person

• $15,000 for property damage per incident

Liability coverage is not designed to cover a driver's own damages. Instead, it is meant to pay for the other driver's injuries and expenses. However, victims must remember that it has limitations and does not offer compensation for future damages.

The Statute of Limitations for an Iowa Car Accident Claim

The statute of limitations for a car crash claim in Iowa is two years from the date of the accident. If a victim fails to take legal action within this time frame, they lose the right to do so.

While this may seem like a lot of time, it is best to approach a car accident lawyer as quickly as possible so that they can gain adequate evidence from the accident scene and prepare a good case to increase the chances of a positive outcome.

Who Is at Fault in a Driver-side Car Accident? | Iowa Guide

The truth is that many parties can be held liable in a car accident case involving a driver-side collision. To determine who bears the fault and liability, it is important for drivers to approach an experienced Des Moines motor vehicle accident attorney who will help them prove the following four elements:

• Duty of care. This involves demonstrating that the other party had a responsibility to act in a manner that ensured the safety of others.

• Breach of duty. They will also have to show that the defendant failed to provide this reasonable care.

• Causation. Moreover, they must prove that this breach of duty is what caused the accident.

• Damages. Finally, the legal representative will need to demonstrate that the driver-side collision resulted in injuries and property damage.

The following parties can be held responsible for a car accident in Iowa:

• The other driver

• Government entities

• Contractors

• Car manufacturers

In some cases, multiple parties may be responsible for paying a victim the compensation they deserve.

Why It's Important for Claimants to Have a Reliable Car Accident Lawyer on Their Side

In the aftermath of a driver-side collision, having an experienced legal representative on one's side can make a world of difference.

Firstly, it ensures that the victim is able to get just compensation for their injuries. It also gives them a fighting chance at successfully securing a settlement through negotiation or court appearance.

Lawyers are also familiar with the tactics that insurance companies often use to try to get people to settle for ridiculously low amounts. They will fight for their client's rights to ensure that they are not taken advantage of.

Final Thoughts

When a motorist is involved in a serious car accident, it can change his or her life forever. Long after the dust has settled, victims are often left to pick up the pieces of their lives as they grapple with severe injuries and disabilities.

If negligence is involved, a motorist can seek compensation for their damages. However, navigating the law can be incredibly challenging.

The good news is that victims are not left to fight for their rights alone. Tom Fowler Law offers world-class legal representation. We have extensive experience with Iowa car accident cases and have secured millions of dollars in compensation for victims. We can help explain who is at fault in a car accident while merging Iowa.

To learn more, injured parties are encouraged to contact us today.

Frequently Asked Questions

1. What options are available to victims following a driver-side auto accident?

There are generally three options available to motorists. They can choose to file an insurance claim with the other driver's insurance company. However, if they do not have insurance, another option is for the injured party to file a claim with his or her own insurance company.

It is important to remember that these two options are generally recommended for minor injuries. When extensive injuries are involved, a personal injury lawsuit is generally the best choice.

To determine whether they have grounds for a legal claim, victims should contact a reputable car accident lawyer.

2. What damages can a victim claim?

Injured parties may claim both economic and non-economic damages in a personal injury lawsuit. This may include:

• Lost wages (past and future)

• Property damage

• Medical expenses (past and future)

• Pain and suffering

• Mental anguish

• Loss of quality of life

Every case is different, so it is best for claimants to get in touch with a law firm to determine which damages will apply.

3. What will it cost to hire a personal injury lawyer?

Victims should remember that most personal injury attorneys work on a contingency fee basis. This means that they will not require payment unless they have secured a favorable outcome.

It also means that they are paid a certain percentage of the settlement. No upfront payment is required. Tom Fowler Law also offers a free consultation to allow victims the opportunity to get legal counsel without having to worry about the cost. Our team can also consult on who is at fault in a passenger side car accident Iowa.

4. When is it best to file a lawsuit rather than an insurance claim?

If the victim's damages suffered in an Iowa car accident exceed the other driver's insurance coverage limitations, he or she should file a lawsuit. It's best to talk to a legal representative who is well-versed in personal injury law for advice on a case-specific basis.