A simple fender-bender may ruin one day, but a serious car accident can upend your life for the foreseeable future. In the aftermath of such an incident, you may be facing a lengthy physical recovery, emotional trauma, and mounting medical bills.
If you were in an Iowa car accident that was caused by the negligent or reckless actions of another person, you have the legal right to pursue just compensation for your losses. There are state laws and regulations in place to protect injury victims in the event of an accident.
In this article, we will present a brief look into how Iowa legislation impacts car accident claims and lawsuits. Understanding the applicable laws and regulations can help to ensure a more favorable outcome in your case.
Car accidents can be extremely stressful. Under such trying circumstances, there is no reason to go it alone. The car accident attorneys at Hauptman O’Brien, P.C. have insight into Iowa law and are adept at helping injury victims achieve the restitution they deserve. Call us today at (402) 241-5020 or complete our online form for a free case review.
Iowa’s Modified Comparative Fault Rules
Iowa follows the modified comparative negligence system. Under this law, you may be able to file an insurance claim and receive compensation from the other driver, even if you share some degree of responsibility for the motor vehicle accident.
The concept of comparative fault acknowledges that accidents are often the result of a combination of careless actions taken by multiple parties. For instance, perhaps you were involved in an accident where the other driver ran a red light, but you were speeding at the time. Thus, you may each bear some liability for what occurred.
Simply put, as long as you are not found to be more than 50 percent responsible for the car crash, you are allowed to pursue compensation under Iowa law. However, it should be understood that any award for damages after a car accident will be reduced according to your share of fault.
Iowa’s Statute of Limitations for Car Accident Claims
The statute of limitations is a law that sets a time limit on your legal right to file a lawsuit after an accident. Under such rules, if you suffer losses due to someone else’s negligence but fail to take legal action within the allowed timeframe, then you likely forfeit your right to compensation for your injuries.
Depending on the circumstances of your accident, various statutes of limitations may apply in Iowa. In general, you have 2 years from the date of the car accident to bring a personal injury lawsuit against the negligent party. Additionally, there is a 5-year time limit on the filing of most lawsuits for any vehicle or other property damage caused by a car accident.
While 2 to 5 years may seem like plenty of time, you should take prompt action when seeking restitution after a serious collision. An experienced Iowa car accident lawyer can help you establish the facts of your case and ensure that no important deadlines are missed.
Car Insurance Requirements in Iowa
All Iowa drivers are required to carry liability insurance coverage. Such coverage pays for the damages that you cause to another as a result of an at-fault accident. In the event that you cause a crash, liability coverage will help pay for property damage, bodily energy, and death.
Iowa state law mandates that drivers have the following minimum liability coverage:
- $15,000 for property damage per accident
- $20,000 for bodily injury and death per person
- $40,000 for total bodily injury or death of 2 or more individuals per accident
It is important to note that liability insurance does not pay for your own injuries or damages to your vehicle or property. While Iowa laws do not require having more than liability coverage, many drivers find that purchasing additional insurance coverage gives them added peace of mind.
What’s more, if your damages from an Iowa car accident exceed the amount of the at-fault driver’s insurance policy, you would then turn to your own insurance company to make up the difference. If your losses and expenses are still not fully covered, you can then file a personal injury lawsuit against the negligent party.
Potential Compensation in Iowa Car Accident Cases
After a car accident in Iowa, you may be eligible for both economic and non-economic damages. Many injury victims pursue economic compensation for the tangible financial losses resulting from the accident, as well as less definable losses suffered due to injuries.
Depending on the circumstances of your car accident, you may qualify to attain restitution for:
- Medical treatment and medical bills
- Rehabilitation and physical therapy
- Cost of future medical expenses
- Past, present, and future lost wages
- Reduced earning capacity
- Vehicle damage
- Other property damage
- Cost of a rental car
- Emotional pain and anguish
- Reduced quality of life
- Pain and suffering
- Loss of affection or companionship
- Wrongful death
- Additional out-of-pocket expenses related to the accident
As long as you do not share the majority of blame for the crash, there are few restrictions on car accident compensation. Iowa’s car accident laws and regulations do not place caps on damage amounts, with the exception of certain semi-tractor accidents. However, Iowa does limit non-economic damages in court cases against trucking companies to $5 million. This cap was established through Senate File 228, recently signed into law by Governor Kim Reynolds.
Gaining monetary compensation is a key step in getting your life back on track after a critical accident. A personal injury lawyer well-versed in Iowa car accident laws can evaluate the full extent of your losses and help you seek enough compensation to meet your financial needs well into the future.
Having qualified legal representation on your side can go a long way toward ensuring that you achieve the maximum restitution available.
How and When to Report a Car Accident in Iowa
Iowa state law is very clear about what motorists must do after a collision. All drivers involved in an accident must exchange information with one another.
When a car is in a crash that results in physical injury or death of a person or damage to another vehicle, that driver must provide the following information to the other driver or injured party:
- His or her full name
- His or her address
- The registration number of the vehicle driven
- His or her driver’s license must be presented to the other party if it is requested
Furthermore, parties involved in a crash must render reasonable assistance to any person injured in the accident. This includes calling 911 and arranging transport for medical treatment when needed or requested.
Additionally, you are required to report an accident to the authorities any time a person has been injured or killed or the total property damage sustained is $1,500 or more. You must submit an accident report form to the Iowa Department of Transportation (DOT) within 72 hours of the incident. However, you are not required to take this step if the accident is being investigated by a law enforcement agency.
The Importance of Establishing Negligence and Liability in Iowa
A successful Iowa personal injury claim or car accident lawsuit depends on whether you can prove the degree of liability of the other party. Every driver is expected to uphold the laws of the road when operating a vehicle of any kind. When a driver breaches this duty of care, he or she may be found liable for a collision.
To prove that the other driver was careless enough to breach his or her duty of care, you will need to establish the following:
- The at-fault party had a legal duty to adhere to a certain standard of conduct
- The at-fault party breached this duty of care by failing to drive carefully
- The breach of duty caused your injuries
- You suffered damages as a result of your injuries
Proving another individual’s negligence can be a complicated and stressful undertaking. That said, it is essential to winning your accident case. A well-practiced car accident lawyer can use his or her resources and know-how to establish the circumstances that led to your accident and defend your right to compensation.
Get the Help You Deserve From Empathetic Iowa Car Accident Lawyers
Iowa car accident laws and regulations are in place to protect the rights of injury victims across the state. A bad car accident can impact your quality of life for years to come. That said, when state laws are properly implemented, they can mitigate the extent of your losses.
The car accident attorneys at Hauptman O’Brien, P.C. know Iowa’s accident and personal injury laws backward and forward. We have dedicated our careers to putting these laws to work for Iowa residents who have been hurt by someone else’s negligence.
With more than 233 years of combined experience behind us, our attorneys have the capability and expertise necessary to handle all manners of car accident cases. When you leave your case in our hands, we will do the legal legwork so you can prioritize your health and recovery.
Please don’t wait to get the help you need after a car accident. Call Hauptman O’Brien, P.C. today at (402) 241-5020 or fill out our online form to schedule a free consultation. Learn what one of America’s best law firms can do for you.