How To Understand Comparative Fault In Iowa Car Accidents: What If You Were Partially To Blame?

In this article, you can discover…

• How compensation works in Iowa if you were partly at fault for the accident.
• How fault is calculated if there were multiple vehicles involved.
• The most powerful evidence you have to prove minimal fault.

Can I Receive Compensation In Iowa If I Was Partially At Fault For A Car Accident?

You can still potentially receive compensation if you’re partially at fault for an accident, but you need to be determined to be 50% or less responsible. In this instance, you are still entitled to compensation, but your compensation will be reduced by your percentage of the fault.

In other words, if a jury awarded $1,000 for an accident that you were found 50% at fault for, you would receive $500. However, you cannot receive compensation in Iowa if you are found to be 51% or more at fault. So, in the same scenario, if a jury awarded $1,000 but you were found to be 51% at fault, your recovery would be zero.

How Is Comparative Fault Used By Insurance Companies To Reduce My Car Accident Settlement?

Insurance companies will often try to increase the percentage of fault assigned to you in order to keep them from having to pay you a fair amount of compensation. These companies are known for applying pressure and trying to force statements out of people immediately after an accident. This is an attempt to get you to admit fault or say things that could be distorted and taken out of context.

Comparative fault is used by insurance companies to weaken your case and strengthen the insurance company’s case against you. For this reason, you should hire a personal injury attorney right away so that we can deal with the insurance companies on your behalf, eliminating your risk of saying or doing anything that could compromise your case.

How Is Fault Calculated In Car Accidents Involving Multiple Vehicles?

In accidents involving multiple vehicles, fault is ultimately determined by a jury based on the evidence presented to them. However, many of these cases are settled before a jury needs to be involved. This means that plaintiffs generally agree to a percentage of fault that is reached by their attorney and any associated insurance companies. While this is how many accidents involving multiple vehicles are handled, if a case goes to trial, a jury will need to determine the fault of each vehicle.

Attorney Gary Kendell is a seasoned lawyer based in West Des Moines, IA who has helped countless clients just like you navigate the intricacies of comparative fault in an accident. Helping Iowans since 1996, he is prepared to assist you in receiving maximum compensation so that you can fully recover from your accident.

Still have questions? Ready to get started? Contact Gary Kendell today to schedule a free initial consultation.

How Can A Car Accident Lawyer Help To Dispute An Unfair Percentage Of Fault?

First off, an attorney can gather and present evidence and information about the accident to the insurance adjuster or the attorney representing the other side. Personal injury attorneys and their staff make it a priority to find and interview witnesses, obtain surveillance camera footage, and hire accident reconstruction experts. This is done in order to thoroughly establish that our client’s fault is 50% or less to maximize their recovery.

The Most Powerful Evidence To Prove Minimal Fault

Video recordings, and sometimes audio recordings, are among the most powerful pieces of evidence that you can provide. At times, an in-person testimony from particular independent witnesses can also be quite impactful in proving minimal fault.

These witnesses don’t have any perceived biases or allegiances to either of the parties, making them far more objective. They were just there and saw what happened, so their testimony can be quite powerful in convincing a jury and an insurance adjuster. This could also apply to your testimony as the plaintiff if your story is compelling and resonates with the jury.

Still Have Questions? Ready To Get Started?

For more information on comparative fault in Iowa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (515) 205-1922 today.