Des Moines Car Accident Lawyer

Motor vehicle collisions are a leading cause of accidental injuries. The Iowa Department of Transportation reports that our state experiences approximately 45,000 car accidents each year. If you or a family member find yourselves involved in one of these collisions, you may need legal representation. Dealing with the aftermath of a crash, including serious injuries and mounting medical bills, is stressful.

The good news is that the car accident attorneys at RSH Legal have been advocating for car crash victims for over 30 years, helping people in Des Moines obtain the compensation they deserve for their injuries. If you or your loved one was involved in any type of traffic collision, we are more than ready to help. Contact us at our Des Moines law office for a free, no obligation consultation with a top Iowa car accident lawyer.

Des Moines Sees More than its Fair Share of Motor Vehicle Crashes

Living in Des Moines, Iowa means navigating through some of the busiest traffic in the state. As the largest city in Iowa, Des Moines has some of the most congested streets and highest number of car accidents.

Interstates 80 and 35 intersect on the north side of the city, while Interstate 235 runs through the heart of the city. The Highway 5 bypass is located on the south side. Intersections like MLK and Ingersoll Avenue or Hickman and Merle Hay Road can be challenging for even the most skilled drivers to navigate. Car collisions are a concern for everyone in Des Moines, and being vigilant on the road is crucial to avoid accidents.

RSH Legal attorneys specialize in Des Moines car crashes, and we are here to help you after a serious car accident.

The Most Common Causes of Car Accidents in Des Moines

Motor vehicle crashes can happen in Iowa for a wide range of different reasons. With that being said, there are virtually no crashes that are true “acts of god”—meaning the overwhelming majority of accidents in Iowa could and should have been prevented with proper safety precautions. Nearly 90 percent of accidents are caused by driver error. Other safety lapses—including by truck companies, vehicle manufacturers, and road designers—can cause crashes as well. Some of the most common causes of car accidents in Des Moines include:

• Distracted Driving: Distracted driving is a fast-growing problem in Des Moines. Drivers who divert their attention from the road—even for a few seconds—put themselves and others at risk. Common distractions include texting and talking on the phone.
• Speeding: Speed matters. Exceeding posted speed limits or driving too fast for road conditions reduces reaction time and increases stopping distance. Speeding is dangerous in urban areas and rural areas of Iowa.
• Drunk or Drunk Driving: Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, significantly increasing the likelihood of an accident. Drunk driving can also cause devastating harm to those involved. Despite strict DUI laws in Iowa, impaired driving remains a big safety hazard.
• Failure to Yield: Many accidents occur when drivers fail to yield the right of way at intersections, crosswalks, and highway merges. Misjudging another vehicle’s speed or ignoring traffic signals can lead to dangerous T-bone and pedestrian collisions.
• Following Too Closely: Rear-end collisions are the leading cause of multi-vehicle crashes in Iowa. Tailgating is the most common reason why these accidents happen. Drivers should leave adequate space between their vehicle and all other vehicles.
• Drowsy Driving: Fatigue can significantly impair a driver’s ability to focus, react, and make sound decisions. Long stretches of rural highways in Iowa increase the risk of drowsy driving accidents—particularly among truckers and shift workers.
• Running Red Lights and Stop Signs: Intersections are high-risk areas where failing to stop at red lights or stop signs can result in severe collisions. Many accidents occur when impatient or inattentive drivers attempt to beat a light change or fail to notice a stop sign.

An Overview of Car Accident Liability in Iowa

Who is liable for a car accident in Des Moines? It depends on how and why the crash happened. Indeed, Iowa follows a fault-based system for car accident liability. What does that mean? The driver, truck company, or other party who caused the crash is responsible for the resulting damages.

In Des Moines, victims of car accidents have the right to pursue compensation from the at-fault driver’s insurance company through a claim or, if necessary, a lawsuit. The system differs from no-fault states—a minority of jurisdiction—where drivers typically seek coverage from their own insurer regardless of who caused the accident.

Notably, our state operates under a comparative negligence standard. (I.C.A. § 668.3 is where to find Iowa’s Comparative Fault statute. An injured victim can recover compensation as long as they are not more than 50 percent at fault for the accident. If they are found to be 51 percent or more at fault, they cannot recover any damages. However, any compensation awarded will be reduced by the claimant’s percentage of fault. For example, imagine you were 30 percent at fault for a crash in Des Moines. If you suffered $100,000 in damages, you would be entitled to compensation for 70 percent of your damages—meaning $70,000.

Know the Deadline: Statute of Limitations

Iowa law sets a strict deadline for filing car accident claims, known as the statute of limitations. Under I.C.A. § 614.1(2) , victims have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically results in losing the right to seek compensation— regardless of fault. Be proactive: Consult with a Des Moines car accident lawyer right away after a serious accident. You do not want to miss out on your chance to get justice.

We Fight for the Maximum Compensation for Car Accident Victims

In Iowa, car accident victims have the right to seek compensation for the full value of their damages, including for non-economic losses and non-economic damages. You cannot trust any insurance company to willingly step up and pay out full and fair compensation. It is imperative that you build a strong case. Our Des Moines, IA auto accident lawyer can help. You may be entitled to recover compensation for:

• Property damage, including vehicle repairs;
• Ambulance costs and emergency room care;
• Medical bills and other medical expenses;
• Physical therapy and mental health counseling;
• Loss of wages and loss of earning power;
• Pain and suffering & mental distress;
• Reduced quality of life; and
• Wrongful death of a family member.

When Should I Call a Lawyer After a Car Accident in Des Moines?

Navigating the aftermath of a car accident can be a complex process, and many victims wonder when it’s the right time to involve an attorney. Understanding the optimal timing for seeking legal advice is crucial to ensure your rights are protected. 

At the Scene

At the accident scene, your immediate focus should be on safety and adhering to legal requirements such as exchanging information and reporting the incident if necessary. This is also the time to gather any possible evidence, such as photographs, witness information, and accurate details of the event. These items can be invaluable later on.

After the Accident

Following the accident, it is generally advisable to contact a lawyer. They can provide guidance on your rights, potential compensation, and effective communication with insurance companies. Your Des Moines attorney can also help ensure that you do not unknowingly admit liability during these discussions.

Legal representation becomes even more essential if injuries have resulted from the auto accident. Medical bills, potential future treatment costs, lost wages, and the emotional impact can all be part of your compensation claim. An attorney can help navigate this intricate process, establish the other party’s liability, and appropriately quantify your claim. 

Disputes over fault in a collision are common. In such cases, a lawyer’s expertise can be instrumental in constructing a compelling case based on available evidence, ensuring your perspective is persuasively presented.

Similarly, in situations where significant damage has occurred to vehicles or other property, a car accident lawyer can assist in evaluating these costs appropriately. Having an experienced attorney by your side can make a significant difference in the final compensation amount, especially in high-value claims.

In conclusion, involving a lawyer soon after a car accident is generally in your best interest, particularly when catastrophic injuries, significant damage, or disputes over liability are present. Skilled legal representation can protect your rights, help navigate complex negotiations with insurance companies, and work towards securing fair compensation for your losses.

Can I Still Sue for a Car Crash in Des Moines Even if I’m Partially at Fault?

Navigating the legal process following a car accident can be challenging, especially when you are partially at fault. However, being partially at fault doesn’t necessarily prevent you from seeking compensation for your injuries and damages in Des Moines.

Understanding the difference between comparative fault and contributory negligence is key, as these legal concepts vary by state. Iowa follows a modified comparative fault system.

Comparative Fault

In states practicing comparative fault for motor vehicle accidents, such as Iowa, you can still sue the other party involved in the accident. However, any compensation awarded will typically be reduced by your percentage of fault. For example, if you are found to be 20% at fault and the total damages amount to $100,000, your recoverable damages would be reduced to $80,000.

What are the Most Common Injuries from Car Accidents in Des Moines?

Car accidents can result in a wide variety of serious injuries, both physical and psychological. Understanding these severe injuries is crucial for victims to seek appropriate treatment promptly, and this is why you should hire a car accident attorney in Des Moines.

Head and Brain

Head and brain injuries are among the most serious outcomes of a car wreck. From mild concussions to severe traumatic brain injuries, these conditions can have lasting impacts on a person’s cognitive and physical abilities. Symptoms may not always be immediate, so seeking medical attention following a wreck is crucial.

Neck and Spine

Neck and spinal injuries, such as whiplash and herniated discs, are also common. These injuries can cause immense pain and may lead to long-term mobility issues or even paralysis in severe cases.

Chest

Chest injuries, including broken ribs and internal bleeding, often result from the force exerted by seatbelts during a collision. Although seatbelts undoubtedly save lives, they can also cause significant injuries that require immediate medical intervention.

Limbs

Injuries to limbs and extremities, including fractures, sprains, and dislocations, frequently occur in car accidents. These injuries can result in long-term disability and should not be overlooked, even if they appear less severe initially.

Psychological

Moreover, it’s essential to remember that not all injuries are physical. The psychological trauma following a auto accident, such as post-traumatic stress disorder (PTSD) or anxiety disorders, can significantly impact a person’s life. Mental health care is often a vital part of recovery.

In conclusion, car wrecks can result in a wide range of injuries, each with potentially significant long-term effects. It is crucial to seek immediate medical attention following an auto accident, even if injuries are not immediately apparent. Legal assistance can play an essential role in helping victims navigate the aftermath of a car collision, ensuring they receive the necessary care and compensation for their recovery.

Why Trust Our Des Moines Car Accident Attorneys

Car accident claims are notoriously complex. Navigating the aftermath of a crash is hard. A lot of issues can arise—and insurance companies are simply not on your side. You need a reliable advocate. At RSH Legal, we fight hard for justice. With a proven record of settlements and verdicts, we put personalized time and resources into each and every case. Here are some of our recent results in car accident claims in Iowa:

• $275,000 for the victim of a head-on collision;
• $498,822 for a bicyclist hit by an uninsured motorist; and
• $415,000 for a victim struck by an unfit driver.

Car Accident Claims in Des Moines: Frequently Asked Questions (FAQs)

Should I Hire a Des Moines Car Accident Lawyer?

If you were hurt in a crash, you need a top tier attorney on your side. While you may be able to handle a small or property damage only claim on your own, hiring a Des Moines car accident lawyer can significantly improve your chances of securing fair compensation after a serious accident. An experienced personal injury attorney can handle negotiations with insurance companies, gather key evidence, and take action to help you secure the maximum financial compensation.

What is the Difference Between a Claim and Lawsuit? 

An insurance claim is a request for compensation filed with an insurance company, typically resolved through negotiation without court involvement. This includes claims involving uninsured motorist coverage, which can help when the at-fault driver has no insurance. A lawsuit, on the other hand, is a formal legal action filed in court when an insurance company refuses to offer fair compensation. While most car accident cases in Iowa settle, litigation is required in some circumstances.

 Should I Give a Statement to the Insurance Company?

No—not without an experienced Des Moines car accident attorney on your side. Indeed, it is generally not advisable to give a recorded statement to the insurance company without a lawyer. Insurers will often use your words against you to reduce or deny your claim—even if you believe you are simply explaining what happened. Instead, you should simply notify the insurer of the crash and wait until you have an attorney to give any type of a statement.

How Do Uninsured Motorist Claims Work in Iowa?

If you are injured in an accident caused by an uninsured driver, you may file an uninsured motorist (UM) claim with your own insurance provider—if you have UM coverage. The coverage helps pay for medical expenses, lost wages, and other damages that the at-fault driver’s insurance would have covered. A top Des Moines car accident lawyer can help you navigate an uninsured motorist claim.

What is the Average Value of a Car Accident Claim in Iowa? 

There is no true “average” car accident settlement in Des Moines. The value of a car accident claim in Iowa depends on factors such as the severity of injuries, medical costs, lost income, and pain and suffering. Minor accidents may settle for a few thousand dollars, while severe injury car accident cases can result in six- or seven-figure settlements. Because every case is unique, you should work with a top Des Moines car accident attorney who can help you negotiate for the maximum compensation.

RSH Legal, a Law Firm in Des Moines, Helps with Car Accident Cases Throughout Iowa

Dealing with car crash injuries can be tough, but you don’t have to face them alone. RSH Legal offers a completely FREE consultation to evaluate your case with no obligation. Call us at (319) 774-6021 to get the assistance you need. If you have a strong case, you won’t pay anything to our attorneys unless we win your case. With a law office in Des Moines, we represent car accident victims in Polk County and throughout the wider region in Iowa, guiding them through every step of the car accident claims process.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney