Car accidents can be terrifying experiences, causing serious distress and physical harm. Whether you’ve ended up with someone driving into you after not paying attention or a drunk driver causing serious harm, you are entitled to make a claim. The best car accident lawyers in Iowa can help you collect enough evidence to take that driver to court and claim compensation.
Common Causes Of Car Accidents
Distracted Driving
Distracted driving is, unfortunately, one of the leading causes of car accidents. This is partly because there are so many ways drivers can end up distracted while driving. Some fail to notice other cars because they talk to their children in the backseat or try to finish their breakfast on their commute. The rise of personal devices and smart tech hasn’t helped, either. Many drivers are guilty of texting while driving, and some end up in accidents due to an over-reliance on sat-nav systems.
Drunk Driving
Far too many drivers head out on the road while they are above the legal limit. Intoxication can cause severe impairments and lapses in judgment, even if drivers believe they are sober enough to drive. The safest thing anyone can do is to not drink at all when they’ll be driving or to have a designated driver or Uber ready at the end of the night.
Speeding
Speeding is another situation where drivers don’t always realize the threat they pose until it’s too late. In some cases, drivers don’t notice they are over the speed limit. Others do know that they are marginally over but think they are still safe. They don’t appreciate that the stopping times alter drastically, and the collisions are more life-threatening. Then, some simply don’t care and drive double the speed limit in a school zone.
Reckless Driving
Finally, there’s the issue of reckless driving. Reckless driving could be as simple as failing to signal or making an illegal turn. Or, it could be as dangerous as overtaking in the wrong lane, driving up onto the sidewalk, or completely disregarding red lights and stop signs. At some point, these careless drivers will end up hurting someone.
Making A Personal Injury Car Accident Compensation Claim
Drivers involved in car accidents that weren’t their fault can claim compensation. A top personal injury lawyer in Des Moines will work on many different cases involving car accidents where one driver is negligent for one or more of the reasons above. The first step towards gaining compensation in these situations is to prove that the driver was at fault.
Iowa’s personal injury laws work on a comparative negligence basis. This means that as long as a claimant isn’t more than 51% to blame for an accident, they can claim for damages. This rule is useful in cases where one speeding driver may have driven into someone who turned without signaling. The rule works on the idea that these cases aren’t always black and white. Therefore, the more proof you have that a driver was at fault, the better the outcome.
Police report
The police report is the best form of evidence possible because it should be 100% factual and objective. The defense team will try and prove that it isn’t, but that’s not your problem. A police report should have all the vital details about what happened, whether the other driver was obviously speeding or distracted, and if there was a drunk driving charge.
Witness statements
Some car accidents will be a case of one driver’s story against the others. It’s then up to the courts to determine who has the best case and who is most to blame. Where possible, it helps to have reports from other witnesses. Those witnesses could be people in the car with you, in other cars on the road at the time, or pedestrians who saw what happened.
Incident photos and videos
Ideally, there will also be photographic and video evidence available from the incident. It is always a good idea to take photos of both cars after an accident to determine the extent of the damage. You can also get photos of the road conditions and the greater context of the incident. Video footage from dashcams, CCTV, and passers-by also go a long way towards aiding a case.
Once you have your proof that the other driver was fully or mostly to blame for what happened, you can then work on proving your pain and suffering. Compensation claims for car accidents can provide damages based on the severity of your injuries and the impact of the accident physically, mentally, and emotionally. Again, the more you have to support your claim, the better your chances. Examples of proof include the following.
Invoices and bills
This is the easiest way to claim financial damages. Direct costs from medical treatment, therapy, and the costs of repairing a car all add up. Rather than paying the excess out of pocket, you can claim compensation by providing the invoices for all those costs. Experienced personal injury lawyers can help you go through everything that counts.
Proof of lost earnings
Financial suffering can also come from an inability to earn following a car accident. Perhaps the injuries or the mental anguish are so severe it’s made it impossible to carry out your duties as before. Proof of an inability to work can allow for compensation covering the figure that you would have earned.
Testimony from loved ones
Another way you can help prove pain and suffering is through character statements. Accidents that lead to mental distress, depression, and anxiety can take their toll over long periods. Doctors and therapists can support your claims by highlighting symptoms and their impact on your daily life. Friends and relatives may also provide statements about the effect of mental and emotional health disorders on your relationships and family life.
Contact A Car Accident Lawyer Today
Whatever your situation, you have the right to get legal representation and try to gain compensation. It doesn’t matter if your injuries are only minor and it wasn’t classed as a serious accident. You can still claim for your pain and suffering. Contact a local personal injury lawyer today and get started on your case.
