Every driver has a duty of care, an obligation to avoid injuring another or putting someone in a dangerous situation. This duty of care requires that drivers follow the rules of the road and exercise common sense, acting as any reasonable person would in a similar situation. When drivers fail to exercise their duty of care, they may be found negligent in a motor vehicle accident.
When Iowa car accidents happen, many times one party may be completely at fault and required to pay for the damages of injured parties. However, sometimes more than one driver might be at fault in a car accident and insurance companies will review the accident to assign a percentage of fault where both parties may have some responsibility for resulting damages.
For example, if a motorist turns without signaling in front of an oncoming motorist exceeding the speed limit resulting in an accident, both drivers will likely have some percentage of fault assigned. This will determine the amount of damages each driver can pursue. Damages refer to property damage, physical and emotional injuries, lost wages and others that the negligent party’s insurance company pays to the injured party. If both parties bear responsibility in an accident, the compensation to the injured party may be reduced for his or her negligence as a percentage.
When you or a family member is injured in an Iowa car accident, it is important to seek the help of an experienced personal injury attorney to determine fault to obtain maximum compensation to cover medical bills, lost wages and more. Contact the Iowa car accident lawyers of Loney & Schueller LLC at 515-225-4485.