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Pedestrian Accident Claims in Iowa

When drivers in Iowa must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.

Short answer: Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian or bicycle rider crossing within any marked crosswalk or unmarked crosswalk at an intersection; Iowa Code §§ 321.326, 321.327, 321.328, 321.329

Pedestrian right-of-wayWhere traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian or bicycle rider crossing within any marked crosswalk or unmarked crosswalk at an intersection; a violation is a simple misdemeanor. A pedestrian crossing anywhere other than a marked or unmarked crosswalk must yield to all vehicles (cities may restrict such crossings by ordinance), and where signals operate at a place that is not an intersection, pedestrians may cross only in a marked crosswalk. Every driver must still exercise due care to avoid hitting a pedestrian and use due care around children and confused or incapacitated people; pedestrians walking along a highway must walk on the left side.
Fault rule (comparative negligence)Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault.
Minimum car insuranceDrivers must have financial liability coverage in effect. The minimum amounts are $20,000 for injury or death of one person, $40,000 for injury or death of two or more people in one accident, and $15,000 for property damage (20/40/15).
Deadline to sue for an injuryA lawsuit founded on injuries to the person (or reputation), whether based on contract or tort, must be filed within two years after the claim accrues.

More Iowa personal injury & wrongful death

FAQ

Who has the right of way, a pedestrian or a driver, in Iowa?
Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian or bicycle rider crossing within any marked crosswalk or unmarked crosswalk at an intersection; a violation is a simple misdemeanor. A pedestrian crossing anywhere other than a marked or unmarked crosswalk must yield to all vehicles (cities may restrict such crossings by ordinance), and where signals operate at a place that is not an intersection, pedestrians may cross only in a marked crosswalk. Every driver must still exercise due care to avoid hitting a pedestrian and use due care around children and confused or incapacitated people; pedestrians walking along a highway must walk on the left side.
Can you recover damages if you were partly at fault in Iowa?
Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault.
What is the minimum car insurance required in Iowa?
Drivers must have financial liability coverage in effect. The minimum amounts are $20,000 for injury or death of one person, $40,000 for injury or death of two or more people in one accident, and $15,000 for property damage (20/40/15).
What is the statute of limitations for personal injury in Iowa?
A lawsuit founded on injuries to the person (or reputation), whether based on contract or tort, must be filed within two years after the claim accrues.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.