In Iowa, you can still seek financial compensation after a car crash, even if you share part of the blame. The state operates under a “modified comparative negligence” system, often referred to as the “51% rule.” This means you’re eligible for compensation if your fault is less than 51% in the accident.
“Modified comparative negligence” is a legal concept in Iowa used to figure out who pays what in car accidents involving shared blame. You’re allowed to claim compensation for your injuries as long as your part in causing the accident is under 51%.
Should you bear some responsibility for the crash, the compensation you receive will decrease according to your level of fault. For instance, if the judgment finds you 20% responsible and the other driver 80% responsible, you can claim up to 80% of the determined compensation for your injuries and losses.
However, if you’re found 51% or more at fault, Iowa law may prevent you from receiving any compensation.
Three key points about Iowa’s modified comparative negligence include:
Limitation on Recovery: You can only get compensation in Iowa if you are less than 51% at fault. Being found 51% or more at fault blocks you from compensation.
Adjustment of Damages: Compensation is adjusted based on your fault level. For example, being 20% at fault means you could claim up to 80% of the total damages.
Fault Determination: The process involves evaluating each party’s actions at the time of the accident. Factors like speeding, distraction, or disobeying traffic signals play into deciding each party’s fault percentage.
This system ensures accountability, allowing those injured in a car crash to seek compensation for their damages, provided they weren’t the primary cause of the accident.