Iowa Complaint regarding Auto Accident for Negligence

State:
Multi-State
Control #:
US-M6790
Format:
Word; 
Rich Text
Instant download

Description

Sample Negligence complaint where driver 1 sues driver 2 after auto accident.
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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.

Ing to Iowa negligence laws, you will be denied compensation if your percentage of negligence was more than 50%. This is known as the 51% rule. As long as your percentage of negligence does not reach 51%, you may be entitled to compensation in an Iowa personal injury claim.

Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that duty was breached, and that they have sustained either foreseeable harm or economic loss as a consequence of the negligence alleged.

In Iowa, you have two years from the date of the crash to file a lawsuit or settle your claim. This is known as the statute of limitations.

Reporting an accident The driver involved in an accident occurring anywhere within the State of Iowa causing death, personal injury, or total property damage of $1,500 or more should contact the nearest law enforcement agency to have the accident investigated.

Automobile negligence occurs when a driver of a motor vehicle did not operate that vehicle in a reasonably safe manner and caused injury to another. That negligent driver is liable for damages by his/her reckless driving. However, the terms ?negligence? and ?liability? often get confused with one another.

Webster's Dictionary defines an ?accident? as follows: an ?unfortunate happening? that occurs ?unintentionally? and results in ?harm, injury, damage or loss.? By contrast, ?negligence? as defined by most jurisdictions in the United States including California, is the lack of ?ordinary care? or ?skill? in the ? ...

A person is liable if he or she was negligent in causing the accident. Persons who act negligently never set out (intend) to cause a result like an injury to another person. Rather, their liability stems from careless or thoughtless conduct or a failure to act when a reasonable person would have acted.

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Iowa Complaint regarding Auto Accident for Negligence