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How Iowa residents may be able to prove driver negligence

Iowa residents who have been injured as a result of another driver's negligence should consider the legal definition of negligence before deciding whether they want to pursue the incident in court. Negligence has one meaning in casual conversation and an entirely different legal meaning. For example, in conversation, negligence might simply mean that the driver was at fault for the accident. However, in order to prove legal negligence, the court must decide that the accident was the direct cause of a personal injury or loss.

Negligence is also defined as a failure to exercise reasonable care, which can be as straightforward as a driver failing a Breathalyzer test or as complex as determining whether the driver was distracted by something environmental, such as another car accident on the side of the road.

One way an injured person may be able to prove negligence is by utilizing dashcam footage to prove that the other driver was distracted or inattentive at the time of the accident. For example, dashcam footage may show that the driver had his or her hands off the steering wheel at the time of the crash.

The court may also consider the condition of the vehicle. For example, if the accident was a result of the driver failing to stop and his or her brakes are found to be worn out, the court may decide that the driver was negligent. However, the vehicle's poor condition must be considered the direct cause of the accident in order for the driver to be found negligent.

In the event of a motor vehicle accident that results in a loss or personal injury, the affected party may consider consulting a qualified attorney. An attorney may be able to help the affected party seek compensation for damages such as pain and suffering, medical expenses and lost wages.

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Hixson & Brown, P.C.
160 South 68th Street
Suite 1108
West Des Moines, IA 50266

Toll Free: 800-229-9854
Phone: 515-650-4531
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