Finding Negligence in a Car Accident – Who is at Fault?

Driving a motor vehicle comes with a legal responsibility, or a duty of care, to drive in a way that will not hurt other motorists or pedestrians. The ‘duty’ of all drivers is to follow the rules of the road and to exercise common sense. Breaching this duty of care will sometimes result in a finding of negligence.

The rules of the road are clear-cut. If a driver violates the speed limit, for example, they are disregarding their duty of care. If road conditions deteriorate because of inclement weather and a driver does not adjust for conditions by slowing down or taking actions a reasonable person would under the same circumstances, they are not exercising common sense and could be found negligent if an accident occurs.

Sometimes an accident is a result of the combined negligence of two or more drivers. Causation provides a measure of how each person’s negligence contributed to an accident, and therefore how much each person should be responsible for resulting injuries or damages. The term ‘damages’ refers to the physical and emotional injuries, property damage, and lost income someone suffers as the result of an accident and is expressed as a monetary figure used to compensate an injured party based on the findings of causation.

If you or a loved one has been injured in a motor vehicle accident, contact the Iowa Law Offices of John P. Hemminger for help today. John has handled personal injury and wrongful death claims for more than 30 years and provides personalized, attentive and focused representation to his clients in Des Moines and the surrounding communities. Contact us today for help.