Who is at Fault in a Pedestrian Accident - Iowa Law

Pedestrian accidents can be totally devastating and life-changing for both the pedestrian who was struck and the driver involved in the incident.

One of the most common questions people ask when a pedestrian accident occurs is who is at fault.

In Iowa, it's not always straightforward to determine who is at fault when a motor vehicle collides with a pedestrian.

Fault largely depends on several factors, including traffic laws, right of way, and details specific to the accident.

For any injured pedestrian accident victims, it's important to speak with a pedestrian accident lawyer as soon as possible, even if they might be at fault. They can also helpful in explaining who is at fault in a parking lot car accident Iowa.

Understanding Who is at Fault in Pedestrian Accidents

Iowa uses a comparative fault system when accidents like this occur. It means that fault may not lie on one party or another. Instead, more than one party can share the responsibility.

In other words, when car accidents happen and a pedestrian is involved, it might be found that the driver was 80% responsible and the pedestrian was 20% at fault.

Even though the accident might be partially the fault of the pedestrian, they can still seek compensation for medical expenses or other costs by working with a pedestrian accident attorney. The damages will simply be reduced by the 20% share of the blame.

However, if a pedestrian is found to be more than 50% at fault in the accident, they may not be able to recover damages. This is why it's so important to prove fault in any pedestrian accident.

When Does Fault Fall on the Driver?

In most cases, drivers are supposed to yield to pedestrians. This is especially the case in intersections or crosswalks. A driver might be considered at fault if they do any of the following:

• Failure to yield at a crosswalk or intersection

• Driving at a high rate of speed or distracted

• Run a stop sign, light, or other traffic control signals

• Driving under the influence of alcohol or drugs

• Ignoring school zones or crossing signs

Even if a pedestrian is not walking in a crosswalk, drivers are still required to use caution and take steps to avoid pedestrians. For questions regarding who is at fault, consult a car accident law firm in Des Moines.

When Does Fault Fall on the Pedestrian?

In most cases, pedestrians have the right of way, however, they are also required to follow traffic laws and behave in a responsible manner. In a pedestrian accident with a motor vehicle, the pedestrian might be at fault if they:

• Cross the street outside of a designated crosswalk, known as "jaywalking."

• Suddenly run into vehicular traffic

• Cross the street when a "Do Not Walk" sign, or other traffic lights, are lit

• Walk while distracted or impaired, i.e. walking while texting or under the influence of alcohol or drugs

When these things happen, a driver can argue that the pedestrian involved in the accident put themselves in danger and also bring legal action.

When are Both the Driver and Pedestrian at Fault?

In Iowa, it is not uncommon for both the driver and pedestrian to share fault. For instance, a negligent driver might be speeding, but at the same time, a pedestrian was jaywalking.

Since Iowa has a comparative fault rule, the amount of compensation due to either party is reduced by the percentage of fault...as long as it's under 50%.

The means that they will not get maximum compensation. Instead, if they were awarded $100,000 in damages, but they were found to be 30% at fault, they would only receive $70,000.

Important Iowa Pedestrian Laws

Understanding the laws regarding pedestrians is important when trying to determine fault in pedestrian/motor vehicle accidents. Here are some of the relevant laws that may apply to these cases:

Iowa Code § 321.257

This law requires drivers to follow all traffic control signals and devices. Pedestrians must also do the same, specifically with "walk/don't walk" signals.

Iowa Code § 321.328

This law ensures that drivers yield to pedestrians that are walking in marked crosswalks. However, if pedestrians leave the curb or enter the road in the path of a vehicle, fault could be shared.

Iowa Code § 321.329

This law forces drivers to exercise caution to avoid pedestrian accidents and to use their car horn, if necessary, to announce that they are near.

These are only some of the laws in Iowa that help to determine fault and get a fair settlement in a road accident.

Evidence Matters When Trying to Determine Fault

The main way that fault is determined in accidents like this is to look at the evidence. Some of the things that must be examined include:

• Police reports

• Surveillance footage of the accident scene

• Traffic signals

• Witness statements

• Accident reconstruction reports

• Medical records

• Statements from emergency medical personnel

• Reports from insurance adjusters

Pedestrians who have been involved in accidents should work with personal injury lawyers to obtain this information for their personal injury case. They can also advise on who is at fault in a bicycle accident Iowa.

What to Do If Involved in an Accident

When a pedestrian and driver get in an accident, the following should occur:

1. Call emergency services - Even if injuries seem minor, or no one is in physical pain, it's important for both the driver and the pedestrian to be seen by a medical professional and get medical help.

2. File a police report - A police report is an imperative piece of evidence in any accident claim.

3. Exchange contact information - All parties involved should exchange names, a valid phone number, and insurance coverage information so that an insurance claim can be filed.

4. Take photos - Though police officers will likely collect evidence, it's also important for those involved to take photos, too. These photos are also important evidence.

5. Talk to witnesses - Again, police on the scene of an accident will typically facilitate witness statements, but having contact information of witnesses can also be important for a personal injury lawsuit to be filed.

6. Avoid admitting fault - When speaking to police officers or insurance company representatives, stick to the facts and do not admit fault.

7. Reach out to a personal injury lawyer - Even if pedestrians injured might not know they are at fault, it's still a good idea to speak to a lawyer to set up an attorney client relationship and learn about potential compensation.

   
   

Why Personal Injury Protection is Necessary

When looking at pedestrian accident statistics, they show that these situations often involve serious injuries and complexities in regard to liability. An experienced personal injury attorney can help a pedestrian in several ways:

• They can help to investigate the accident and gather more evidence

• They can help to determine who is at fault in the accident and to what extent

• They understand auto insurance policies, and can negotiate with insurance companies

• They can file claims to cover medical expenses, lost wages, property damage, pain and suffering, etc.

Since Iowa has a comparative fault system in place, it's very important to have a lawyer to work through the case.

Who is at Fault? It Depends on the Details

Even with severe injury or pedestrian fatalities, it's not always easy to determine fault in these cases. Though drivers often bear more responsibility, pedestrians can also be found to be at fault.

Pedestrians who have been involved in an accident should speak to a qualified attorney from Tom Fowler Law to determine if they can sue for damages, including covering medical bills, following an accident.