Iowa Accidents

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How does Iowa decide fault if my child was hurt by a wrong-way driver?

You generally have 2 years from the crash date to file an Iowa injury lawsuit before you can lose the claim.

  1. Iowa assigns a percentage of fault to each person involved. Iowa uses modified comparative fault under a 51 percent bar. That means your child can recover damages only if your child's share of fault is 50 percent or less. If the child is found more than 50 percent at fault, recovery is barred. If the child is 20 percent at fault, the award is reduced by 20 percent.

  2. A wrong-way driver usually starts with strong evidence against them. On Cedar Rapids roads like I-380, Highway 30, or local one-way downtown streets, driving the wrong direction is powerful proof of negligence. Investigators look at the crash report, roadway signs, skid marks, vehicle damage, 911 calls, dashcam footage, and witness statements. Reports may come from the Cedar Rapids Police Department, Linn County Sheriff's Office, or the Iowa State Patrol.

  3. Your child is not judged exactly like an adult. In Iowa, a child's conduct is evaluated by the child's age, intelligence, and experience, not by the adult reasonable-driver standard in every situation. That matters if the insurer argues your child "should have seen" the vehicle sooner, crossed improperly, or reacted badly after a sudden hazard.

  4. The other side will look for any alternate cause. During fall and early winter, insurers often argue a Cedar Rapids-area crash was caused by a deer movement, poor visibility, speed, distraction, or road conditions instead of the wrong-way driver alone. They use phone records, vehicle data, surveillance video, and scene measurements to shift a percentage of blame.

  5. A parent's mistake is not automatically your child's fault. If the insurer claims poor supervision, that does not automatically transfer fault to the child's own injury claim. The child's claim is evaluated separately.

by Denise Koenen on 2026-03-26

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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