Car accidents are a common occurrence in Iowa. Most car accidents don’t involve any severe injury or physical damage, meaning no one was hurt during the collisions. Instead, these types of accidents only include property damages as a result. Victims of car accidents can seek compensation for any inflicted damages or injuries. Car wrecks don’t always involve the fault of another driver; it’s more complex than that. To pursue a claim, one first needs to identify the liable party for the injury and damages that occurred. Different causes of car accidents lead to varying claims and compensation amounts.
If you have been injured in a car accident and are confused about how to proceed with your legal claim, consult a skilled attorney or firm like RSH Legal – Iowa Personal Injury Lawyers, to help you out.
Understanding Car Accident Liability:
The insurers of both entities involved in a car collision are largely responsible for determining who’s at fault and liable for the accident. Even in the most obvious cases, identifying and establishing liability can be anything but cut-and-dried. Insurers examine all the specifics of the incident and then assign blame accordingly. This is known as comparative negligence, where both parties involved in the car accident share the blame.
For instance, if an individual operating their vehicle was 60% at fault and the other driver who got hit was 40% at fault, the 40% responsible driver can sue the driver who’s more at fault and collect compensation for 60% of their losses.
The driver vs. driver scenario is not the only type of claim that arises from a car accident; there are plenty more.
Read also: What Questions to Ask a Criminal Defense Law Firm Before Consulting?
Different Types of Car Accident Claims:
Though multiple types of liability claims result from a car accident, the following are some common car accident claims that one must know:
- Negligence: Car accidents often happen when the driver fails to provide a certain level of care and follow the required duty, i.e., to be attentive and focused on their driving and surroundings while operating the vehicle. If the driver fails to do so, it implies negligent behavior and a breach of obliged duty. It can be in the form of:
- Driving while being intoxicated
- Distracted driving
- Reckless driving
- Speeding
- Rear-end accidents
- Texting and driving
- Aggressive driving
- Head-on collisions
- Hit-and-run accidents
- Defective Products: In some cases, car brakes, accelerators, flawed tires, seatbelts, airbags, and other vehicle equipment can malfunction and result in tragic accidents. If a poorly designed vehicle, its parts, or improperly manufactured products escalated the accident, then with a lawsuit, the manufacturers can be held liable for causing the accidents and your damages. These types of cases are quite tricky, as they involve large authorities and require strong evidence and expert testimony to support the case.
- Poor Road Design: Poor road design and maintenance can also lead to accidents. Situations like poor road structures, potholes, uneven traffic lanes, missing signs, steep inclines, or failed traffic lights on a four-way road or highway can cause severe accidents, leading to life-and-death situations. In these cases, one can file a lawsuit against the entity responsible for designing, making, and maintaining the road, such as government authorities, construction companies, or maintenance companies. You can sue them for economic, non-economic, and even punitive damages.
When standing against such authorities and their insurance companies, one may feel fear and get overwhelmed. That’s why it’s advised to consult a skilled attorney. Your attorney will likely look at all the provisions and specifics of your case, gather data and reliable evidence that link back to the origin of the incident, and help you in better negotiations.
