Across the United States, motorists are required to exercise caution when on the road to avoid injuring other people. Unfortunately, car accidents happen every day, and many of them involve pedestrians.
The latest reports from the Iowa Department of Transportation say that 19 people have been killed in pedestrian accidents so far this year. In 2023, 30 related fatalities were recorded in this state.
Cars are much heavier and more powerful than people. Unfortunately, this means that pedestrians can sustain life-threatening injuries and suffer permanent disabilities when involved in traffic accidents.
In such cases, victims have the right to seek help from an experienced pedestrian accident lawyer to recover compensation for their injuries and losses. They can also help with how to prove fault in a bicycle accident in Iowa.
This guide provides more information about the legal aspects of pedestrian accidents and what injured parties can do to prove negligence and seek compensation.
What Should a Pedestrian Do If Involved in a Car Accident
Pedestrians are the most vulnerable parties on the road. People don't have the protection of a vehicle and can sustain severe injuries when hit by a car. Therefore, it's important for victims to do the following if they're involved in these accidents:
Move to a safe place away from oncoming traffic
Contact emergency services, even if injuries seem minor
Take photos of the accident scene
Gather information about potential witnesses
Write down key details, such as the time and location of the accident
Report the accident to the police
Keep track of their medical records
Contact a personal injury attorney with experience in pedestrian accident cases
Pedestrian Laws in Iowa
Under Iowa law, pedestrians must obey certain rules and respect traffic control signals just like motor vehicle operators. However, drivers must follow stricter laws because they're responsible for the safety of other people on the road.
Such traffic laws determine speed limits, dictate who has the right of way at intersections and other key points, urge motorists to be aware of their surroundings, and determine when drivers must yield to pedestrians.
This is a summary of such laws:
Motor vehicles must always stop and yield to pedestrians at stop or yield signs.
A pedestrian has the right of way at an intersection if there are no traffic lights. The same is true when they're walking on marked or unmarked crosswalks.
Motor vehicle operators must yield to pedestrians when entering or leaving a driveway, alley, or parking lot.
A pedestrian must give the right of way to motorists when crossing at any point if it isn't an intersection or when crossing a roadway where there's a pedestrian tunnel or overhead crossing.
A pedestrian must stay on the left side of the road, facing oncoming traffic, when walking along a road or highway without a sidewalk.
Drivers must be especially vigilant in school zones, obeying reduced speed limits and traffic signals while being aware of children crossing the street.
The Duty of Care of Motor Vehicle Drivers
Motor vehicle operators in Iowa have a legal duty to exercise reasonable care to protect pedestrians. This means that drivers must be aware of their surroundings, anticipate the presence of pedestrians, and take appropriate steps to avoid accidents.
Failure to fulfill this duty can result in liability for pedestrian accidents.
How to Prove Fault in an Iowa Pedestrian Accident Case
To prove fault in a pedestrian accident case, injured pedestrians must establish that the driver's negligence caused their injuries and prove the relationship between their behavior and the accident.
This process typically involves proving the following elements:
Duty of care: The driver had a legal duty to exercise reasonable care to protect pedestrians.
Breach of duty: The driver breached their duty by failing to act with reasonable care.
Causation: The driver's negligence was the direct cause of the pedestrian's injuries.
Damages: The pedestrian suffered injuries and incurred financial losses or other damages due to the accident.
The Modified Comparative Negligence System in Iowa
Iowa follows a modified comparative negligence system. Therefore, a pedestrian can recover damages even if they're partially at fault for the accident where they were injured.
In these cases, the amount of compensation victims can recover will be reduced based on their degree of fault. If a pedestrian is found to be 30% at fault for their injuries, their compensation will be calculated at just 70%, for example.
Pieces of Evidence That Injured Pedestrians Should Gather
Injured pedestrians should gather as much evidence as possible to support their claim, such as:
Police report
Medical records
Photographs of the accident scene and the pedestrian's injuries
Witness statements
How Pedestrian Accident Lawyers Can Help Victims
Personal injury lawyers with experience in pedestrian accident cases can help victims in several ways, as these professionals often handle the following tasks:
Investigating the Case
A thorough investigation is essential to determine the cause of a pedestrian accident and identify the responsible party. Therefore, a pedestrian injury attorney in Des Moines will:
Review the police report to get valuable information about the accident.
Interview witnesses who can provide firsthand accounts of the accident or expert opinions.
Inspect the accident scene to identify potentially contributing factors.
Obtaining surveillance footage to retrieve more evidence of the accident.
Gathering Evidence
Attorneys can also explain how to prove fault in a construction accident in Iowa and gather evidence in pedestrian accident cases and use it to prove fault, establish damages, and support the pedestrian's claim, giving victims the opportunity to focus on their recovery.
Negotiating with the Other Party's Insurance Company
The insurance company representing the negligent driver may offer a settlement to the injured pedestrian. However, it's important to know that insurers often try to minimize the amount of compensation they pay.
Pedestrian accident lawyers can help injured pedestrians negotiate with insurance companies to obtain a fair settlement.
Preparing a Strong Case
To prepare a strong case, pedestrian accident lawyers will consult with experts to collect testimony or analysis, develop a legal strategy to maximize the pedestrian's chances of success, and prepare for trial if necessary.
Providing Legal Representation
Pedestrian accident lawyers will provide legal representation throughout the legal process and represent victims' interests at trial if the case has to be resolved in court.
Final Thoughts
Pedestrian accidents can be overwhelming and devastating. Fortunately, victims have the right to seek legal counsel to protect their rights and seek fair compensation.
A qualified pedestrian accident lawyer can help injured people understand Iowa's legal system, build a solid case, and handle negotiations to maximize their chances of recovering damages. If you want to find one, contact Tom Fowler Law today.
Our law firm, located in Des Moines, Iowa, is willing to provide the legal representation injured pedestrians need during these difficult times. Call us today and get a free consultation!
Comments