Road accidents are always a cause for concern in the state of Iowa. They lead to expensive vehicle repairs, costly medical treatments, and sometimes, they are fatal. An insurance claim may be sufficient to cover your losses from an accident. If it does not, however, you could bring the negligent driver to court by suing them.
You have the right to hire an Iowa car accident lawyer to guide you with your car accident case. You can call Pintas & Mullins Law Firm at (800) 794-0444 to determine your rights.
Negligence Can Cause Car Accidents
Negligent driving behavior can cause serious vehicular accidents. Eating and using the phone can take a driver’s focus off the road while driving under the influence of drugs or alcohol can impair driver reflexes and cognitive function. Tailgating and speeding are other irresponsible driving behaviors that create hazards for other motorists and pedestrians.
Determining the cause of the accident can help support your claim, proving the other party is liable. Iowa car accident lawyers can investigate the incident and ascertain if there were other factors behind your accident.
Iowa Laws Regarding Accidents
After an accident, motorists in Iowa must show proof of financial responsibility to cover damages. Whether or not they decide to get insured is their choice. According to the Iowa Insurance Division, the state requires insurance providers to sell minimum liability coverage of $20,000 for injuries per person, $40,000 if more than one person suffered injuries, and $15,000 for property damage.
If the other driver’s insurance cannot fully cover your damages, you can opt to sue them in civil court. You could file a claim against even if the other party does not have any criminal charges against them yet.
Traffic violations committed during the incident can serve as further proof that the motorist at fault acted negligently. An Iowa car accident lawyer can explain the various aspects involved in a motor vehicle accident case.
Other Parties Might Also Hold Liability
You may find it challenging to handle a car accident suit on your own, especially when there may be other parties involved. A vehicle could be company-owned but poorly maintained, making the business responsible for any breakdowns that happen on the road. A construction firm might fail to put up warning signs on their roadworks, making it difficult for motorists to notice the hazard until it is too late to avoid—a possible act of negligence on the contractor’s part.
Iowa car accident lawyers could look into the matter and determine who to sue. They could also help you revise your case and represent you in court if needed.
Iowa’s Modified Comparative Negligence Rule
If you go to court, keep in mind that Iowa uses an at-fault system for determining how much you can recover. You have to prove that more than half of the fault goes to the defendant. Otherwise, you will not receive any compensation. The judge may also decide that you are partly to blame for the accident.
For instance, although the other party did become distracted while driving, they might argue that you did not steer out of the way fast enough to avoid colliding. You might get 30% liability, which means you will only have 70% of the total receivable damages.
Accidents Have No Damage Caps
Although there is a chance you might not receive the full amount of damages, the remainder may still end up more than enough to recover financially. Vehicle accident lawsuits do not have any caps, meaning there is no limit to how much you can get awarded.
You may receive reparations for economic and non-economic damages, including hospital bills, vehicle repairs, income lost while recovering, and your pain and suffering. If someone died in the incident, the defendant has to pay for their funeral and burial expenses.
Statute of Limitations for Iowa Car Accidents
Road accident cases can be personal injury, wrongful death, and property damage lawsuits all at once. It might make the matter of figuring out submission deadlines confusing for you, as Iowa’s statute of limitations for these suits varies, according to IA Code § 614.1 (2019). Personal injury and wrongful death suits both have a two-year time limit, while property damage has five.
An attorney can help determine what statute you should comply with and ensure that you can file your lawsuit before the deadline. If you allow the deadline to pass, you risk losing your chance to take legal action against a negligent party.
Get Assistance in Finding Justice
Car accident lawsuits could quickly become convoluted due to the different factors involved in filing one. But that should not stop anyone from pursuing the justice and compensation they are entitled to.
Pintas & Mullins Law Firm has Iowa car accident lawyers ready to advise you with your legal concerns. Besides auto accidents, we also handle medical malpractice, nursing home abuse, dog bites, and other types of civil lawsuits.
Our legal team conducts free case reviews. You can call (800) 794-0444 if you have any inquiries.
Do not let a negligent driver get away with causing both your economic and non-economic losses without seeking reparations. If you believe you have a case, we want to hear from you. We do not shy away from tough cases, and we work on a contingency fee basis so we can get to work right away on your case.