Although not as prevalent as other traffic accidents, collisions involving pedestrians can cause serious injuries. Because those traveling on foot have absolutely no protection against the force of impact, they are more likely to sustain life-changing injuries, such as broken bones, traumatic brain injuries, internal organ damage, and more.
To make matters worse, when a person is hit by a car, they are often unable to resume their normal day-to-day activities, placing them and their families under financial strain.
Fortunately, there are options available to injured parties to ensure that they are able to receive the compensation they need to cover medical expenses, lost wages, and more.
It's important to remember that the legal landscape is vast, and each case is different. Understanding who pays for a pedestrian accident in Iowa can provide claimants with direction.
This article will provide an overview of the various parties that can be held responsible for a pedestrian's injuries following an accident.
However, it does not constitute legal advice. In order to learn more about who is liable for their damages in Iowa, victims should get in touch with Tom Fowler Law. They can also consult on who pays for a construction accident in Iowa.
Common Causes of Pedestrian Accidents
There are a number of reasons why pedestrian accidents occur. Here are some of the most common:
Distracted driving
Failure to yield the right of way
Driving under the influence
Poor visibility
Speeding
An Overview of Iowa Law Concerning Pedestrian Accidents
Iowa is an at-fault state, which means that the driver will have to cover the victim's medical bills, pay for their lost income, and more. However, in order to obtain this compensation, either through insurance or a pedestrian accident claim, the claimant will have to prove negligence.
Furthermore, pedestrians may still claim compensation if they are partially to blame for the accident.
Suppose the individual crossed the street when the traffic signals indicated that it was unsafe for them to do so, but the motorist was traveling over the speed limit. In that case, if the pedestrian hit his or her head and was severely injured in the collision, they may still file a claim, provided their percentage fault did not exceed 50%.
It's also crucial to note here that in such cases, the claimant's compensation will be reduced by this percentage. So, if the pedestrian in the example bears 20% of the blame and they are awarded $10,000, they will only receive $8,000.
Who Will Cover the Damages in Pedestrian Accident Cases?
Determining who pays for an injured pedestrian's damages will depend largely on who was at fault. It's important to note that many parties may be involved. To obtain sound advice, claimants can contact Tom Fowler Law. Here is an overview of the people or entities that typically pay for pedestrian accident damages in Iowa:
The Driver's Insurance Company
Like most states, Iowa law requires that drivers have insurance coverage that provides compensation to victims of a car crash. Insurance claims will provide limited coverage for personal injuries, but if the claimant suffered minor injuries, this is the route they should go.
However, insurance adjusters may try to get victims who seek compensation to admit guilt erroneously or coerce them into settling for ridiculously low offers. In these cases, it's wise to enlist the help of an expert pedestrian accident lawyer, who will ensure that the legal rights of their client are protected at all times.
A Negligent Motorist
Suppose the defendant does not have insurance or the damages exceed the maximum thresholds of the insurance policy. This is where pedestrian accident claims come into play. Injured parties can take legal action to recover the maximum damages.
While insurance will not offer coverage for all damages, a pedestrian accident claim will. Medical expenses, lost income, mental anguish, loss of consortium, pain and suffering, and more can all be awarded in personal injury cases.
However, providing liability is no easy task, which is why it is important that claimants work with a reliable Des Moines pedestrian accident attorney.
Government Entities
Sometimes, government entities may be at fault for a car accident. If the roadway was unsafe, the department responsible for ensuring that it is in peak condition could be held liable for any resultant damages.
Contractors
People performing work on roadways have a duty of care to motorists and pedestrians. They must employ safe working practices to prevent injuries. If a construction worker drops their tools off a bridge, for example, and it hits a pedestrian below, causing a traumatic brain injury, he or she could be responsible for any financial expenses.
Other Parties
Other parties, such as trucking companies or cargo-loaders, may also be considered liable for damages in a pedestrian accident case. Vehicle manufacturers may also be involved if their defective parts result in a motor vehicle crash.
The Importance of Consulting a Personal Injury Lawyer
To determine which party (or parties) are liable, injured pedestrians should get in touch with a reliable personal injury attorney. Legal advisors will conduct a thorough assessment of the case, looking at medical records, photographs, surveillance footage, and more to determine exactly what happened and who was responsible.
They will also ensure that the claimant understands the relevant personal injury and traffic laws and help them prepare adequately for settlement negotiations or court appearances. Whether it is hiring accident reconstruction specialists or contacting witnesses, they will go to great lengths to ensure that the at-fault party pays the maximum compensation.
Attorneys also take care of all the paperwork, ensuring that their clients are free to focus on their recovery. They also have insight on who pays for a bicycle accident in Iowa.
Tom Fowler Law Is Committed to Assisting Injured Pedestrians in Iowa
The reality is that pedestrian accidents can be devastating. If they do not result in death, they can leave victims with chronic pain and suffering. Then, there are the financial consequences. Personal injuries can leave victims and their families with hefty medical bills and reduced income.
Fortunately, there is hope. To learn more about their options, injured parties are encouraged to contact Tom Fowler Law.
We have many years of experience and are dedicated to ensuring that our clients get the compensation they rightly deserve.
Schedule a free consultation with us today for sound legal advice!
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