Iowa | FAQs

Can I file a truck accident case in Iowa?

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You have the right to file a truck accident lawsuit in the state of Iowa if you have standing to sue. Iowa, like other states, only permits a person to file a lawsuit if that person was the one who was actually injured in a truck crash or if that person has a certain legal relationship to a person who was hurt in the crash.

Specifically, you may have standing to sue after an Iowa truck wreck if:

  • You suffered a physical injury in the accident. If you were hurt in a truck accident that was primarily someone else’s fault, if you are over the age of 18, and if you are of sound mind, then you may have standing to bring a lawsuit in an Iowa court.
  • You are the parent or guardian of a minor child who was hurt in the accident. In this case, your child does not have the legal right to file a lawsuit. You have the right to do it on behalf of your child. Any damages that are recovered in a settlement or in court would be for the benefit of your child.
  • You are the legal guardian of someone over the age of 18. If you have been appointed by a court as the legal guardian of someone over the age of 18, then you likely have the right to make legal decisions for that person. This includes deciding whether or not to file a lawsuit on that person’s behalf. If you do file a lawsuit, then any damages that are recovered would be for the benefit of the person who was injured.
  • You are the personal representative of the estate of someone who died in the truck crash. In the event of a wrongful death, you may have standing to bring a lawsuit on behalf of the estate.

If you file a lawsuit and you don’t have legal standing to sue, then your case likely will be dismissed and you will not recover damages.

Accordingly, it is important to know your rights before you file a case. You can speak with our experienced truck accident lawyers today to learn more about standing and about how Iowa truck accident cases work. Contact us online or call us directly at 800.800.5678. We would be pleased to provide you with a free, no-obligation consultation about your rights.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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