Who Is at Fault in a Passenger-side Car Accident? | Iowa Fault and Liability

A motor vehicle accident can have devastating consequences. From the inconvenience of having their car destroyed to the pain of serious injuries, there is a lot that can go wrong when a car crashes into the passenger side of another vehicle.

Fortunately, compensation is available to victims either in the form of insurance coverage or compensation in a personal injury claim.

However, before a passenger can file a lawsuit, they will need to determine who is at fault. The good news is that Iowa is a modified comparative fault state, which means that injured parties can receive compensation even if they contributed to the accident.

This article offers critical insight into the idea of "fault" and "liability" to help victims find a way forward. Our team can also advise on who is at fault in a driver side car accident Iowa.

What Is a Passenger-side Car Crash?

A passenger-side auto accident, also known as a T-bone collision, occurs when a vehicle crashes into the passenger's side of another vehicle. This can cause harm to the passenger, as there is little protection available from the force of impact in these areas as compared to the front and back.

As a result, victims may be left with severe injuries, such as head and neck damage, spinal cord injuries, broken bones, and more.

Options Available to Victims

In general, there are two ways that injured passengers can recover compensation if they are injured in a motor vehicle collision:

File an Insurance Claim with the Driver's Insurance Company

According to Iowa law, motorists are required to have liability insurance. It is designed to protect the insured person against financial losses that might occur due to negligence or recklessness that cause harm to another person.

Auto insurance offers financial compensation for medical expenses and property damage, but it may not cover future medical expenses (such as rehabilitation costs) and lost wages.

File a Lawsuit

Suppose the damages incurred in an Iowa car accident exceed the other driver's insurance coverage. In that case, the victim can pursue a personal injury claim to recover compensation. This is often the best course of action for a serious car accident where severe injuries are involved.

A reliable attorney is required to hold the at-fault driver or other liable parties responsible. Tom Fowler Law has been in the industry for many years, and we are committed to ensuring that our clients get the compensation they rightly deserve. We can also assist with who is at fault in a single vehicle car accident Iowa.

Who Is at Fault in a Passenger-side Car Accident, Iowa?

Determining fault is a crucial element when filing an insurance or legal claim. To determine who can be held liable, injured passengers should speak to an experienced personal injury attorney. In general, the following people may be at fault:

The Driver of the Vehicle the Passenger Was in

All motorists have a responsibility to operate their vehicles in a way that doesn't cause harm to passengers and other drivers.

However, if the accident happened because the driver of a vehicle failed to follow the rules of the road and a passenger in their vehicle was hurt, they could be deemed liable for their medical bills and other expenses.

The Other Driver

In cases where the driver of the vehicle was not negligent, another motorist could be held liable. Failing to maintain a safe following distance, not yielding the right of way, or speeding are all possible reasons for fault.

Government Entities

If the accident occurred because of a dangerous road condition, a legal claim can be brought against the government entity responsible for maintaining that roadway. This is never an easy thing to do, which is why it is crucial to enlist the help of a renowned advocate.

Other Parties

Contractors who obstruct the road, car part manufacturers, and other parties can also be held responsible in a personal injury lawsuit.

How Is Fault Determined in an Iowa Car Accident?

In Iowa, fault is determined by the rules of the road. If a person fails to obey these traffic laws and this leads to bodily injury, they can be held liable for a victim's damages. Below is an overview of some of the rules of the road that are commonly broken in passenger-side auto accidents.

Obey Stop Signs and Traffic Lights

Motorists in the state of Iowa have a duty to obey traffic signs and lights. Distracted driving, operating a vehicle while under the influence, or not paying attention can result in a violation of this rule. In such cases, a driver who disobeys this traffic law and crashes into another vehicle is most likely to be assigned 100% of the blame.

Wear a Seatbelt

Seatbelts are designed to protect passengers against injuries in the event of a car accident. If a person is injured and it is determined that they were not wearing a seatbelt at the time of the collision, they can be assigned up to 25% fault.

Yield Right of Way

In Iowa, drivers are generally required to yield to the driver on the right at uncontrolled intersections. Failing to do so can count against the driver involved.

Maintain a Safe Following Distance

This traffic law is intended to prevent rear-end collisions. If a person does not maintain a safe following distance and crashes into a vehicle, causing a passenger to be injured, they could be held liable for any resultant injuries.

Follow the Speed Limit

In the busy lives of today, many motorists ignore the speed limits. When rushing to get to their destinations, motorists can increase the chances of a collision. To make matters worse, crashes that occur at high speeds are often more serious because a greater force of impact is involved.

When speed causes an accident, the person who was speeding can be held liable for the victim's injuries.

Do Not Drive While Under the Influence

After a party or night out drinking with friends, there is often a temptation to operate a motor vehicle while under the influence. While it may seem harmless, alcohol and narcotics can affect a driver's ability to concentrate and react when on the road. This can lead to a crash.

In such cases, the person driving while under the influence is likely to receive 100% of the blame.

Compensation Available in Iowa Car Accident Cases

Following a passenger-side accident, victims can obtain compensation for both economic and non-economic damages. This includes:

• Lost wages,

• Medical expenses,

• Property damage, and

• Pain and suffering.

Every case is different, so the damages that apply to one case may be different from those that apply to another. It is best for claimants to get in touch with a reliable motor vehicle accident attorney in Des Moines for case-specific advice.

What If a Victim Contributed to the Accident?

Iowa is a modified comparative fault state, which means that a victim can file a lawsuit for damages, even if they were partly to blame. Failing to wear a seatbelt might be considered a contributing factor, for example, as it could worsen their injuries.

Claimants should keep in mind that if their percentage fault exceeds 50%, they lose the right to take legal action against the at-fault party.

Next Steps

A car accident can have dire consequences for injured passengers. In the wake of a disaster, a serious injury can plunge a victim into financial trouble. Fortunately, compensation is available. With reliable legal representation, claimants can successfully hold the at-fault party liable for their damages.

Tom Fowler Law has been helping claimants secure compensation for many years now. We have a comprehensive knowledge of the law and can help victims identify the best course of action.

Injured passengers are encouraged to get in touch with us to discuss the specifics of their case at a free consultation.

Frequently Asked Questions

1. Can a passenger file a claim with their own insurance company for injuries and property damage?

In Iowa, injured passengers typically have two options to obtain compensation. They can either file a car accident claim with the other driver's insurance company or take legal action. If they suspect that their damages exceed the limitations of the other driver's insurance policy, the claimant should speak to an experienced personal injury lawyer.

2. What evidence is used to determine fault in a car accident?

There are a number of things that can be used to prove fault, including:

• Police reports,

• Witness statements,

• Surveillance footage,

• Photographs and videos taken at the accident scene, and

• Medical bills.

3. What is the statute of limitations for car accident claims?

Claimants typically have two years from the date of the accident in which to file a claim. If they do not meet this deadline, they could lose their right to financial compensation for their injuries.

4. When should an injured passenger seek legal aid?

It's probably a good idea for victims to get advice from an Iowa car accident lawyer if fault is unclear or has been disputed. Moreover, when the accident causes serious injuries, a lawsuit may be inevitable, requiring the assistance of an attorney.

If the insurance company is not acting in good faith, a legal representative can help to protect the victim's rights and ensure that they get the compensation they rightly deserve.