An Iowa driver who is issued traffic tickets can still possibly bring a lawsuit
Iowa City, IA – Many drivers are cited for violating a traffic law while driving, which can lead to an accident. This may include speeding, running through red lights or stop signs, illegal lane changes, and various other traffic violations based on the state’s laws.
It is possible that a driver receives a traffic citation from the police at the scene due to their behavior in the immediate moments before a collision. This driver is legally able to bring a lawsuit, but their lawyer may be concerned about being found negligent. Traffic citations will not decide the outcome of the case, but they can be used as evidence of fault and negligence. The driver should also see if their insurance company will penalize them or adjust their rates for having additional tickets on their driving record.
Negligence cases in Iowa
Almost all motor vehicle crash lawsuits are brought under the state’s negligence statute. This means that one or more drivers breached the standard duty of care on the roads, and caused injuries to the plaintiff.
Iowa’s negligence laws allow someone who is partially at fault for an accident to collect damages. However, their level of fault cannot be greater than the person who they are suing, otherwise they cannot collect any damages at all. In cases where the plaintiff is partially at fault, but prevails, their damages will be reduced according to their level of fault. This is a modified form of the contributory negligence doctrine.
The decision to bring a negligence case will need to be made on a case by case basis by the lawyer during a meeting. In some situations, it may not be beneficial to file a lawsuit because the person’s level of fault is too high, and they either would not collect any money at all or their damages would be greatly reduced.
Determining a damage award
The damage award is primarily based on what the victim’s lawyer can prove were losses caused by the accident. In a situation where a driver is partially at fault, it would normally be most beneficial to bring a civil case if the damages and injuries are severe, and the insurance process will not cover all losses. This is because in severe crashes, even if the damage award is reduced, there can still be thousands of dollars available to cover things like hospital stays, doctor visits, missed time from work, and long term medical care.
Getting assistance from a local accident lawyer
Anyone who has been involved in an accident should see if they need additional legal help after filing an insurance claim. Eells and Tronvold is a firm that helps people with personal injury lawsuits throughout the state of Iowa.
Firm contact info:
Eells and Tronvold Law Offices
1921 51st Street NE, Cedar Rapids, IA 52402-2400
319-393-1020
www.eellsandtronvold.com
