Fautsch Tursi

Can I Still Be Compensated if I Am Partially at Fault for an Accident?

Slip Happens Fautsch Tursi

Yes, even if you are partially at fault for an accident, you could still be able to recover monetary damages for the accident.

In Iowa, the law recognizes that sometimes accidents have more than one cause. Like most states, Iowa follows a comparative fault system, which means your compensation in a personal injury case is reduced if you are partially at fault for the accident. So, for example, if you proved at trial that your damages were $100,000 and the evidence at trial showed you were 10% at fault, then you would be awarded $90,000 in damages. In a trial, a jury will need to decide what percentage of fault belongs to each party. As a result, pre-trial negotiations with insurance companies almost always involve going back-and-forth about who is most at fault.

Significantly, you cannot recover any monetary damages for an accident if you are more than 50% at fault for that accident. Iowa law allows for recovery of damages if your percentage of fault does not exceed 50%. So, for example, if you are 60% at fault in an accident, then you would be entitled to $0 no matter how extensively you were injured in that accident.

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