Pedestrian Accident Attorneys in Fort Dodge, Iowa
People on foot have little protection when a vehicle strikes them. A driver who fails to see someone crossing an intersection, turns into a crosswalk or backs through a parking lot can cause injuries that affect the pedestrian’s health, work and everyday life long after the collision.
Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C., represents people injured in pedestrian accidents in Fort Dodge and throughout North-Central and Northwest Iowa. Our personal injury attorneys investigate how collisions happened, evaluate the traffic rules that apply and respond when an insurer tries to place responsibility on the injured pedestrian. Our law firm has served Iowa communities since 1950, and our lawyers provide local, personal attention when an unexpected injury leaves you unsure where to turn.
When Does a Driver Have to Yield to a Pedestrian in Iowa?
Who had the right-of-way can become one of the most important questions after a pedestrian accident. The answer depends on where and how the person was crossing, whether traffic-control signals were operating and what the driver and pedestrian were doing immediately before the collision.
Pedestrians in Crosswalks
Under Iowa law, when traffic-control signals are not in place or operating, a driver generally must yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. Pedestrians also have responsibilities and should not suddenly leave a curb or other place of safety and enter the path of a vehicle that is so close that the driver cannot reasonably yield.
Crosswalk cases can still produce disputes. A driver may claim the pedestrian entered unexpectedly, was difficult to see or crossed against a signal. Establishing what actually happened may require more than the driver’s account. The location of the impact, traffic signals, photographs, witnesses and available video can all help tell the story.
Crossing Outside a Crosswalk
Pedestrians do not have unlimited right-of-way everywhere. A pedestrian crossing a roadway somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles on the roadway.
That does not give motorists permission to ignore people on foot. Iowa law also requires drivers to exercise due care to avoid colliding with pedestrians. Our Fort Dodge lawyers can examine the entire situation rather than assuming that where someone crossed the street automatically determines who was responsible.
What Happens When the Driver Blames the Pedestrian?
Pedestrian accident claims do not always involve a driver accepting responsibility. A driver or insurance company may argue that the pedestrian crossed in the wrong place, entered the road unexpectedly, was distracted or could not easily be seen.
Those arguments matter because Iowa uses a comparative fault system. Comparative fault is the legal process for allocating responsibility when more than one person’s conduct contributed to an injury.
How Comparative Fault Works in Iowa
An injured pedestrian may still be able to recover compensation when some fault is assigned to the pedestrian. Recovery is barred, however, if the pedestrian’s percentage of fault is greater than the combined percentage of fault attributed to the applicable other parties. When recovery is allowed, damages are generally reduced according to the percentage of fault assigned to the injured person.
For example, if a pedestrian’s recoverable damages were established at $100,000 but the pedestrian was assigned 20% of the applicable fault, the recovery would generally be reduced by 20%.
Visibility and Distraction Arguments
Pedestrian cases frequently raise questions about visibility. What time did the collision happen? Was the area well lit? What was the weather like? Was the driver turning, backing up or looking for other traffic? Was either person distracted?
These questions are more useful than simply labeling the pedestrian or driver as careless. Our attorneys can investigate the circumstances surrounding a Fort Dodge pedestrian accident and develop evidence addressing what each person could see and what happened in the moments before impact.
What Evidence Can Show How a Pedestrian Accident Happened?
After a serious collision, the people involved may remember events differently. Physical and independent evidence can therefore become especially important.
Depending on the circumstances, useful evidence may include:
- Photographs or video of the accident scene
- Crosswalk markings and traffic signals
- Vehicle damage and the location of impact
- Witness statements and contact information
- Police or crash reports
- Available surveillance or traffic-camera footage
- Medical records documenting injuries after the collision
Video and other evidence may become unavailable as time passes. The scene itself can change as well. Construction may begin, signs can be replaced, vegetation can change sight lines, or temporary conditions may disappear. A lawyer investigating the collision can identify evidence that may help establish how it occurred.
What Can a Serious Pedestrian Injury Cost You?
Without the protection of a vehicle around them, pedestrians can suffer significant injuries even in collisions that occur at relatively low speeds. Broken bones, head injuries, spinal injuries, internal injuries, lacerations and other trauma can require substantial treatment and time away from work.
Damages, the legal term for monetary compensation available for legally recognized losses, may include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Physical pain and qualifying emotional harm
- Loss of enjoyment of life
- Scarring or disfigurement
- Damaged personal property
Evaluating a claim means looking beyond the bills that have already arrived. A serious injury may affect someone’s future treatment needs, ability to work or independence. Our attorneys can document those losses and determine what compensation the evidence supports.
If a pedestrian collision results in a fatal injury, additional rights may arise under Iowa wrongful death law.
How Long Do You Have to File a Pedestrian Accident Claim?
Iowa generally provides two years to bring an action involving injuries to the person. This deadline is known as a statute of limitations. Exceptions or different deadlines may apply depending on the circumstances and the identity of the potentially responsible party.
There are also practical reasons not to wait until a deadline approaches. Witnesses can become harder to locate, video may become unavailable and conditions at the accident scene can change. Speaking with a lawyer early gives your legal team more opportunity to determine what evidence exists and take appropriate steps to preserve it.
How Our Fort Dodge Pedestrian Accident Lawyers Can Help
Pedestrian accident cases often turn on details: where someone was walking, whether the driver was turning, what the traffic signals showed, what each person could see and whether independent evidence supports one account of the collision.
Our Fort Dodge attorneys can investigate those details, determine which Iowa traffic rules may apply and address efforts to unfairly shift responsibility onto the injured pedestrian. Our lawyers can also communicate with insurers, document your injuries and losses, and explain the legal options available based on your circumstances.
Our Fort Dodge law office serves injured people throughout Webster County and the surrounding North-Central Iowa communities. The Johnson Law Firm serves clients throughout Northwest Iowa. Our law firm combines the resources needed to pursue significant injury claims with the personal attention people expect from local Iowa lawyers.
Talk to a Fort Dodge Pedestrian Accident Attorney
If you were struck by a vehicle while walking in Fort Dodge or elsewhere in North-Central or Northwest Iowa, our attorneys can help you understand what Iowa law may mean for your situation. Whether the collision occurred in a crosswalk, at an intersection, in a parking lot or on another Iowa road, the details matter.
Contact our law firm to discuss what happened with one of our Fort Dodge pedestrian accident lawyers. Our attorneys can review the circumstances, answer your questions and help you understand what comes next.