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Your degree of fault for a crash could impact your compensation

On Behalf of | Nov 7, 2023 | Personal Injury

Suppose you contributed to or were partially responsible for a car crash in Iowa. In that case, it is essential to understand that your degree of fault can significantly impact your recoverable compensation for the harm and losses you incurred. In other words, the extent of your responsibility for the accident can shape the outcome of your claim.

Determining each party’s degree of fault for a crash is not a matter of arbitrary judgment. It involves assessing individual actions and decisions leading to the accident and thoroughly examining the facts of the case. Traffic laws, witness statements, police reports and other relevant evidence like surveillance footage are critical in this evaluation process.

Fault is a critical aspect of the settlement process

Iowa’s comparative negligence laws come into play if the parties involved in a car accident share responsibility. The state follows a modified contributory negligence approach in such instances. It means you can recover damages even if you share fault, but only if your contribution or level of fault does not exceed the other party’s. 

Additionally, your degree of fault will diminish your potential compensation. For example, if it is determined that you were 40% to blame for the accident, you can only recover 60% of your damages.

Protect your legal interests

If you believe the degree of fault assigned to you does not align with the actual circumstances of the accident, you can dispute it by presenting supporting evidence. This may be necessary to safeguard your legal interests and seek fair compensation for your damages.

Understanding how this system operates and seeking qualified legal guidance can make a positive difference in your claim and help you secure the settlement you deserve.