Hit and Run Accident Attorney Des Moines, IA
Have you been injured in an accident involving a driver who left the scene? If so, it is advisable to call a hit and run accident attorney Des Moines, IA families trust for further advice. Hit and run accidents are different from those in which the other party does not leave the scene. Not only could the liable person be held negligent in a civil court, they could face criminal charges including a Class D Felony in Iowa.
According to the AAA Foundation for Traffic Safety, nearly 11 percent of all motor vehicle accidents involve a driver who fled the scene. Around 1,5000 people will lose their life in a hit and run; of which 60 percent are pedestrians. If you were involved in a hit and run you should consult a hit and run accident attorney Des Moines, IA has to offer. You should not attempt to track the fleeing party down on your own as this could put you at risk. Please leave this to a lawyer from Johnston Martineau, LLP and the police.
For an immediate consultation with a hit and run accident attorney Des Moines, IA relies on, call Johnston Martineau, LLP.
5 Elements of Negligence
In general, personal injury cases will need to involve some kind of negligence or wrongdoing. If this can be proven, compensation may be available.
At some point, you may become the victim of someone else’s negligence, and as a result, you may get hurt. Therefore, it is a good idea to have a general knowledge of what makes someone negligent under the law in case you find yourself on the receiving end of an injury accident, you might be able to gather information to help. Take a look at the five elements that help prove someone else’s behavior was the cause of your pain.
- Legal Duty
Everyone has to know and understand the laws. For example, when you get your driver’s license, you had to pass a test of basic road rules. These included information about speed limits, traffic control devices, and driving impaired. Therefore, if a person breaks any of these laws, the fact they have a driver’s license means they knew these rules. They violated their legal duty to obey these rules and are negligent as a result.
- Breach of Legal Duty
When a person knows a law and decides to break it anyway, it is called a breach. This is the same in personal injury as it is in contract law. Using the driving example again, you know that you should not be drinking alcohol and getting behind the wheel of a motor vehicle. If you do, you knowingly committed a breach of legal duty and are therefore negligent.
- “But For” or Causation
As the injured party (the plaintiff) it is up to you to prove that if “but for” the actions of the perpetrator (the defendant) you would not be hurt. Proving causation by demonstrating that the defendant’s action resulted in you sustaining an injury you would not have gotten otherwise is another prong in the negligence test.
- Proximate Cause
In a personal injury accident case, a defendant may be found negligent for those actions that were not only the proximate cause of the incident, but that may have been expected to occur. An example is running a red light. Every driver knows that running a red light is risky. You may wind up crashing into a vehicle in the middle of the intersection that has the green light. Therefore, if you choose to run a red light, then you understand there is a real risk of an accident. This is the proximate cause litmus.
Finally, the defendant who is found negligent had to have caused proven damages to the plaintiff. These are most often in the form of medical bills or lost wage damages – money related.
Call a Des Moines, Iowa Hit and Run Lawyer for Free Advice
In the matter of a hit and run, it may be possible that you won’t ever find out who the negligent party is. Even if this is true, a hit and run accident attorney Des Moines, IA provides may help you to file a claim against your own insurance company.
Don’t try and go it alone when making a push for recovery during personal injury cases, including a hit and run. Always hire a qualified lawyer to help guide you through what to expect when you file a lawsuit.
For a free case review of your hit and run accident, please call a hit and run accident attorney Des Moines, IA community members respect, such as one from Johnston Martineau, LLP.