Iowa | FAQs

I was partly to blame for the truck accident that left me injured, but I was not the only one at fault. Should I file a lawsuit?

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Truck accidents are rarely the fault of only one party. Even if you were partly to blame for the crash that resulted in your injuries, you may still be able to file a lawsuit and recover damages. However, before you decide whether or not to file a case, it is important to know what to expect.

Iowa Contributory Negligence Law Applies to Truck Accident Cases

Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash. For example, if you were drinking and driving, you failed to stop at a light, and you collided with a truck, then you may be primarily responsible for the crash even if the trucker bears a small percentage of the liability for speeding. In this scenario where you are more than 50% responsible for causing the accident, you should not file a lawsuit because you will not be able to recover damages in a court of law.

However, if the situation was reversed and the trucker was primarily responsible for the crash, then you should file a lawsuit even if you bear a small percentage of the liability for your injuries. According to Iowa law, you can make a legal recovery but that recovery will be reduced by the percentage of fault attributable to you.

Expect Your Percentage of Fault to Be a Significant Issue in Your Case

As you can tell from the example provided above, the issue of who is more at fault is going to be hotly contested in any truck accident lawsuit. You will need strong evidence and compelling arguments to convince the insurance company or court of the percentage of fault that is truly attributable to you and of the damages that you deserve. Our experienced truck crash lawyers can help you do that. Simply contact us online or call us directly at 800.800.5678 today for a free, no-obligation consultation and we will review your claim with you and discuss the pros and cons of moving forward with a lawsuit.

Jason F. Abraham
Managing Partner, Hupy and Abraham