Who Is at Fault in a Side Swipe Car Accident? Iowa Car Accident Lawyers

Although they are not head-on crashes, side-swipe car accidents can be highly dangerous for the people involved. Apart from paying for the damage done to their vehicle, they will have to cover unexpected medical expenses as well.

Filing a personal injury lawsuit is a great way to get compensation for hospital bills and lost wages. Car accident attorneys can help victims of a crash with that. To win the case, they must prove the other party was liable for the incident.

Who is at fault in a side-swipe car accident in Iowa? This page has all the answers. Here, people will learn everything they need to know to understand how these cases work.

Even if the victim has a prior understanding of how Iowa's car accident laws work, they still need help from an experienced personal injury lawyer. Tom Fowler Law has excellent lawyers ready to do what's needed to get their clients the compensation they deserve and can consult on who is at fault in a head-on car accident Iowa.

Anyone in Des Moines, Iowa, can call this law firm at (515) 203-8434 to schedule a free consultation. There, the victim and the lawyer will discuss the main details of the case and outline the strategy to follow.

What Is the Negligence System in Iowa?

Iowa law follows a modified comparative fault system. Under this ruling, multiple drivers can be at fault for the same accident. Regardless of that, each party is responsible for their share of liability in the crash. This, of course, unless one is deemed 51% or more at fault for what happened.

Drivers holding more than 51% of the liability of a crash can't receive any compensation for a serious car accident. The victim, on the other hand, can file a claim to receive financial support.

This makes finding the right evidence after an accident more important than ever in Iowa. If the other driver proves that the victim has a specific level of liability for the crash, they could lose the possibility of getting compensation. With help determining liability percentages, it may be beneficial to hire a vehicle accident attorney in Des Moines IA.

Generally, lawyers will mostly help their clients file an insurance claim to cover property damage, significant medical bills, lost wages, and non-economic losses. Unfortunately, this is not always enough.

If the damages of an Iowa car accident exceed what the other driver's insurance can cover, they will have to ask their own insurance company to pay the difference. Depending on the situation, the victim could file a personal injury claim.

All drivers in the state must carry liability insurance. Therefore, people should always have access to some coverage after a crash.

When Do Side Swipe Car Accidents Happen?

Swipe car accidents can happen in many ways. It's fundamental to understand what causes them to know who the at-fault party is. Lane changing is one of the most common examples. It can create a collision when a vehicle doesn't check its blind spots before switching.

Being part of a merging auto accident can result in a multi-vehicle crash. If the driver doesn't have enough space to enter the highway successfully, they are prone to strike a car that is already there.

Cars driving too close to each other are prone to having a side-swipe accident. They don't have the gap they need to move if the other makes a sudden change in speed or direction. In these situations, both drivers will likely share a significant part of the liability for the crash.

Failing to yield is one of the most common causes of an accident. As for side-swipe collisions, they happen when one driver doesn't let the other move during a turn or lane change.

Who Is at Fault in a Side Swipe Car Crash?

When a side-swipe car crash happens, both vehicles can be responsible. The specific circumstances of the accident are what determine who holds the most liability.

Therefore, it's difficult to give a general response as to who is at fault in a side-swipe car accident in Iowa. Hence, the post will feature a series of common examples.

In the first example, driver A changes lanes without signaling. Because of that, they sideswipe B's car. Here, the car that didn't signal would most likely be at fault for the crash. Generally, vehicles that don't follow traffic laws will hold the most liability for accidents.

As for the second example, driver B is driving too close to A's car. Suddenly, driver A decides to change lanes. Unfortunately, the other vehicle swerves and doesn't have enough room to avoid a sideswipe.

While driver B shares some of the fault for driving too close to the other car, A changed lanes suddenly without checking, which makes them liable as well.

Following up with the last example, driver A cuts off B while merging and causes a sideswipe. They would be fully at fault because they failed to yield the right of way to the cars already on the highway.

Factors to Keep in Mind to Determine Fault in an Iowa Car Accident

Several factors could alter the level of liability drivers have in a crash and how much money they receive when they pursue compensation. The first of them is traffic laws and regulations. That's one of the first things judges check when they study what happened.

While all drivers are required to get liability insurance coverage, not all of them have the same programs. Apart from that, the personal injury attorney of each party will have to negotiate with the companies to make sure they pay what their client needs. They can also advise on who is at fault in a low speed car accident Iowa.

Police reports, witness statements, video footage, and medical records are excellent pieces of evidence in a crash. They will show the judge or insurance carrier who the at-fault driver is.

In a serious collision, Iowa drivers need lawyers who know where to get that evidence and how to use it. Apart from negotiating with the other party, they must be ready to take it to trial.

Final Thoughts

The first thing to do after a crash is to seek medical attention. Sometimes, people are scared to do this because they don't have enough money to cover the medical treatment for a physical injury. That's when lawyers come in handy.

Tom Fowler Law focuses on helping its clients get justice after an accident and the money they need to cover their losses. The negligent driver in a crash must be held accountable for what happened, and a personal injury claim is the way to get there.

If the victim only wants to file an insurance claim to get compensation, these lawyers can help, too. They only need to call to schedule a free case evaluation with this firm.