Learn how Iowa laws help determine fault in car accidents and how liability will affect your payout.
There are nearly 4 million registered vehicles in Iowa, and an average of 12 injury accidents happen every hour on Iowa roadways.
The at-fault driver in a car accident is liable for the losses suffered by injured victims. Figuring out who is at fault in Iowa depends on the circumstances of the collision and the applicable traffic laws.
Car Accident Liability in Iowa
Iowa is a “fault” state, meaning you can seek compensation directly from the at-fault party. In an auto accident, you will likely make a claim against the other driver’s insurance.
If you are the victim of a negligent driver in Iowa, you have three options:
- File a claim with the driver’s insurance company
- File a claim with your own insurance company (if the driver is uninsured)
- File a lawsuit against the driver
Frequently Asked Questions
Iowa Shared Fault Rules and Accident Payouts
Iowa follows a Comparative Fault rule. This means you can file a claim against the other driver, even if you are partially at fault for the accident, so long as you are not more to blame for the accident than the other driver.
If you are equally or less at fault, you can still receive a settlement, but the amount will be adjusted according to your share of liability for the accident. If you are more to blame than the other driver, you may be barred from seeking compensation.
Iowa comparative fault law states:
Contributory fault shall not bar recovery in an action by a claimant to recover
damages for fault resulting in death or in injury to person or property unless the claimant
bears a greater percentage of fault than the combined percentage of fault attributed to the [other drivers], but any damages allowed shall be diminished in proportion to the amount of fault attributable to the claimant.
The other driver’s insurance company does not have the final say about your share of fault. If you feel their determination is unfair, contact an experienced personal injury attorney to discuss your case. An attorney may determine you have a much smaller share of fault, or no fault at all for the accident.
Fault for Rear-End Accidents in Iowa
Fault for rear-end car accidents usually lies with the driver in the rear vehicle. The driver behind must pay attention, obey the speed limit, and leave enough room between vehicles to safely stop, even if the front car slams on the brakes.
Rear drivers are liable if a collision occurs because they were following too closely for the weather, traffic speed, or road conditions.
Iowa prohibits drivers from following too closely:
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
Many rear-end accidents happen because the driver in the rear was looking down at their phone instead of watching where they were going. This is illegal in Iowa.
Driver use of hand-held phones is not allowed in moving vehicles in Iowa:
A person shall not use a hand-held electronic communication device to write, send, or view an electronic message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway.
A person does not violate this section by using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone.
Case Example: Fatal Rear-end Crash in Cedar Rapids
Judy Hoover was riding home from bingo with her friend Joanne Swenka when Swenka’s vehicle was rear-ended by an SUV driven by Zawadi Christophe. The high-speed impact pushed Swenka’s vehicle into oncoming traffic, where it was hit by a truck.
Judy Hoover died at the scene. Joanne Swenka survived the crash with multiple life-threatening injuries.
Christophe was charged with driving while intoxicated, homicide by vehicle-reckless driving, serious injury by vehicle-reckless driving, and possession of marijuana. He was driving on a revoked license after a prior drunk driving arrest.
Fault for Side-Impact Crashes in Iowa
It can be harder to determine fault in a side-impact or T-bone accident. Traffic cameras and witness testimony are critical to figuring out which car had the right-of-way when the crash happened at an intersection.
When a side-impact collision happens because a car pulled out from a driveway or parking lot entrance, the car pulling out is likely at fault. The vehicle already traveling on the main roadway usually has the right of way.
Running a red light or stop sign:
A driver must obey any traffic control devices applicable to the driver, unless directed by a traffic or police officer.
Yielding at an intersection:
When two drivers approach an intersection at approximately the same time the driver on the left must yield to the driver to their right.
Drivers turning left must yield:
A driver who intends to turn left at an intersection, or into an alley, private road or driveway must yield the right of way to drivers approaching from the opposite direction.
Drivers entering a roadway must yield:
A driver about to enter or cross a roadway from any place other than another roadway must yield the right of way to all other vehicles on the roadway to be crossed.
Case Example: Failure to Yield Causes Rollover
Iowa radio personality Sarah Stringer was driving down 3rd Street in Davenport when a car at the stop sign on LeClaire street rapidly accelerated, crashing into the driver’s side of Stringer’s Jeep, causing the vehicle to roll over several times.
Stringer was extricated from the vehicle and taken to a local hospital, where she was treated and released for non-life-threatening injuries. The at-fault driver’s insurance company accepted liability for the collision.
Fault for Head-On Collisions in Iowa
Head-on collisions are often deadly and will be carefully investigated by police. The driver who is left of center, or traveling in the wrong direction on a one-way street is liable.
The police will look at the position of the vehicles, skid marks, and other indicators to determine fault. As with any accident, witness testimony will also be considered.
At-fault drivers may stray from their lane because of intoxication or falling asleep at the wheel. Some head-on collisions are caused by aggressive drivers trying to pass another vehicle into incoming traffic.
Iowa drivers must stay in the right lane:
Drivers must drive in the right lane of roadways with the following exceptions:
- When passing another driver in the same direction
- When there is an obstruction in the right lane
- Upon a roadway restricted to one way traffic
- Upon a roadway with three marked lanes of traffic
Iowa limitations on driving left of center:
Drivers may drive to the left side of the center of the roadway in overtaking and passing another vehicle only if the left side is clearly visible and the overtaking vehicle can return to its lane without coming within one hundred feet of oncoming traffic.
Case Example: Fatal Clark County Crash
Larry Wayne Ross was driving his Chevy Impala the wrong way on I-35 when he crashed head-on into a tractor-trailer driven by Alsson F. Battin.
Ross, who was 82 at the time of the crash, was transported to Clarke County Hospital, where he died from crash-related injuries. The semi-truck driver, Battin, was also taken to the hospital with non-life-threatening injuries.