Iowa Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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FAQ
Iowa is a ?Modified Comparative Fault? state, meaning each party is responsible for damages in proportion to the percentage of fault they caused unless the plaintiff's negligence reaches 51%. This means recovery is either prevented or limited depending on how percent much the driver was at fault for the accident.
[Defendant] must prove two things. First, that but for [Plaintiff's] failure to act with reasonable care, the harm would not have occurred. Second, that [Plaintiff's] conduct was a ?proximate cause? of the harm.
The first type of comparative negligence is "pure comparative negligence." This doctrine, followed in states such as Alaska and California, allows a plaintiff to recover damages from the defendant minus his or her percentage of responsibility.
Typically, a plaintiff alleging negligence per se must prove that the defendant violated a safety law, that the plaintiff belongs to the class of persons that the law was enacted to protect, and that the harm the plaintiff suffered was the kind the law was intended to prevent.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.