Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Noyes Law Office, P.C. Get back on the road to freedom!
  • Get Back On The Road To Freedom!
  • ~
  • Free No Obligation Consultation

How to Recover Compensation After an Iowa Car Accident

CarCrash2

We all know that serious car accidents occur frequently and many of us personally know someone, or perhaps multiple people, who have been badly injured in an accident. But did you know that according to the Association for Safe International Road Travel more than 37,000 people die in car crashes each year in the United States and that an additional 2.35 million people are injured? These statistics are staggering and translate into massive bills, both from treating resulting injuries as well as from repairing damaged property. But who is paying these bills? In Iowa, the answer often depends on who is found to be legally liable for causing the crash.

Determining Liability After a Car Accident 

Determining fault after a car accident is not always an easy task, and to make matters more complicated not all states determine car accident fault in the same way. In Iowa, when one party is completely at fault for causing an accident that person is liable to pay all of the damages sustained by the injured party (or parties if the accident involved multiple people). However, when multiple people are found to be jointly at fault for causing an accident then courts in Iowa apply a comparative theory of negligence in order to determine who is liable, and in what amount. Under a comparative fault system the court apportions the total available fault among each party that contributed to the accident and allows the plaintiff (i.e. the party that is suing) to collect the percentage of their damages that has been attributed to other parties, provided that the plaintiff’s comparative fault does not exceed 50 percent.

For example, pretend that Driver A rear-ends Driver B while Driver A is drunk and Driver B has burnt-out tail lights. The court finds Driver A to be 85 percent at fault and Driver B 15 percent at fault. Under Iowa’s comparative fault system Driver B would be able to recover 85 percent of his/her damages while Driver A would be barred from recovering anything as he/she was more than 50 percent at fault for causing the accident.

Who Can I Recover Damages From? 

In Iowa, an injured car accident plaintiff who is 50 percent or less at fault for causing the accident in which he/she was injured is permitted to recover damages from any at-fault driver(s) who caused the crash. This is true even if the plaintiff has their own insurance. Additionally, there may be other parties who can be held liable as well. For example, if an at-fault driver was working at the time of the accident then you may be able to hold his/her employer liable as well. In other instances you might be able to hold an auto manufacturer or retailer liable. If this seems complicated don’t worry, a local personal injury lawyer will be able to evaluate the facts of your case and determine which parties can be held liable.

Contact the Noyes Law Office Today 

If you or a loved one has been injured in an Iowa car accident and are interested in learning more about how to recover compensation for your injuries contact the Noyes Law Office P.C. today. One of our experienced Southeast Iowa auto accident attorneys would be happy to discuss your legal options with you during a free no obligation consultation. Contact our Fairfield office today at (641) 472-3236.

Resource:

asirt.org/initiatives/informing-road-users/road-safety-facts/road-crash-statistics

  • $1 Million
    Truck vs. auto case. Policy limits a 35 year old married mother of two killed.
  • $812 Thousand
    Rear-End Motor Vehicle Accident
  • $650 Thousand
    Settlement for spouse of deceased worker.
  • $575 Thousand
    Premises Liability Settlement
  • $500 Thousand
    Auto accident settlement with resulting post-concussive head complications (no wage loss).
  • $350 Thousand
    Injury from work with complications after surgery.
  • $300 Thousand
    Policy limits for 88 year old man rear ended.
  • $190 Thousand
    Read-End Accident with Tinitus Diagnosis.
  • $180 Thousand
    Slip and fall with a broken arm and torn rotator cuff.
  • $190 Thousand
    Bilateral carpal tunnel injury- $135,000 against the employer and $55,000 against the Second Injury Fund.
  • $185 Thousand
    Injured back.
  • $175 Thousand
    Broken leg of a 67 year old.
  • $160 Thousand
    Broken hip of 83 year old woman.
  • $155 Thousand
    Non-displaced fractured hip.
  • $100 Thousand
    Aggravation of degeneration disk disease.
  • Previous
  • Next

Get Back On The Road To Freedom!

Free No Obligation Consultation

Our Southeast Iowa personal injury, workers compensation and bankruptcy attorneys serve clients in Fairfield, Ottumwa, Mt. Pleasant, Iowa City, Knoxville, Oskaloosa, Fort Madison, Muscatine, Keosauqua, Birmingham, Centerville, Bloomfield, Keokuk, Sigourney, Richland, Burlington, Washington & Columbus Junction.

Skip footer and go back to main navigation