Mishaps and crashes on the roads of Iowa often lead to unprecedented situations. If you have sustained injuries in a car accident in Cedar Rapids, it will help if you know the state laws and your rights. Iowa is a fault state. If the other driver was negligent, speeding, or distracted in any manner and caused the mishap, they are also liable for your losses.
The typical step is to file a claim with their insurer, which would be a third-party claim. You must consider consulting a personal injury lawyer in Cedar Rapids without delay to know the next steps. For your help, we have explained the common auto accident laws in Iowa.
An overview of modified comparative fault rule
As we explained earlier, Iowa is one of the many states that follow a fault-based system for car accidents. The outcome is usually simple if one party was solely responsible for the crash.
However, when two drivers share the fault, Iowa courts follow the modified comparative fault rule. If you were to blame for the mishap to an extent, you could only sue the other party when your fault share doesn’t exceed the blame they shared.
Also, your fault share will be a significant factor in your financial compensation. Let’s say you were 20% at fault and successfully sued the other party for $100,000. In this case, you will not get the entire amount but only $80,000, corresponding to your role in the accident.
Deadline for car accident injury lawsuits
The statute of limitations in Iowa sets a deadline of two years for car accident injury lawsuits. If you wish to sue the other party in court, you must file the lawsuit within two years from the accident date. The two-year cap remains in place for wrongful death claims too.
For lawsuits concerning property damage, there is an extended deadline of five years from the date of the car accident. Remember that the time cap is for civil lawsuits and not insurance claims.
Call an attorney
Hiring an injury lawyer in Cedar Rapids doesn’t have to be confusing or expensive. Most lawyers are open to discussing client cases without an upfront fee, and if the attorney agrees to take your case, they will work on a contingency basis.
The lawyer only can claim their payment when you get financial compensation from the insurance company or the other party.
Seek legal help today!