In response to the COVID-19 pandemic we at Johnston Martineau, LLP, are taking every precaution to insure the health and safety of our staff as well as our clients.
The majority of our staff are now working from home while we continue to provide excellent service to all new and existing clients.
At Johnston Martineau, LLP, we have taken steps to offer several alternate options for communication in lieu of actual in person meetings, you prefer to not be in public during this ongoing health concern.
As usual we can still meet in person at our office, or we can come to you at your home or preferred location. We are always available by phone at 515-493-4878 and we can also accommodate other forms of communication like email or if desired, we can facilitate a video “meeting” through ZOOM or Skype on your computer, tablet, or smartphone.
MVA Attorney Des Moines IA | Johnston Martineau, LLP
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MVA Attorney Des Moines IA

MVA Attorney Des Moines IA MVA Attorney Des Moines IA

Des Moines IA MVA attorneys know that car accidents can do more than give you a headache. Depending on the details of the crash, you may have to deal with injuries that exceed anything you ever thought imaginable. Who will pay for all that treatment? That’s where Johnston Martineau, LLP comes in. We are fully prepared to help you take legal action so that you may receive the help you deserve.

Insurance companies spend a lot of time trying to figure out who was to blame for the accident. They have steps that they take to help ensure that they get it right, so that they may retain as much of your potential settlement as possible. If the adjuster determines you held some of the blame for the collision, can you still recover damages? Des Moines IA MVA attorneys at Johnston Martineau, LLC explore how the investigation of liability typically proceeds and what the outcome may mean for your claim.

Car Crash Investigation

The crash investigation consists of multiple parts, and it begins as soon as you notify your insurance company that you have been in an accident. Our car accident attorney in Des Moines IA recommend that you make these calls with an experienced professional. The information you give during that initial call becomes part of the investigation. An adjuster is assigned to your claim. The adjuster is the lead investigator for the insurance company and will ultimately decide who is at fault for the crash and how much they are willing to pay out. The tools they use when determining this include:

  • Recorded statement
  • Accident report
  • Scene reconstruction 

All three of these elements may be critical to the adjuster’s investigation, and one or all may wind up swaying the determination one way or the other. Working with an MVA attorney available in Des Moines IA can help you to provide information to the insurance company that is favorable to your claim.

Finding Fault

Each state has its own laws on how car accidents and fault are handled. Some states have no-fault laws, which means each person files a claim through their own insurance company regardless of the events of the crash. Most states, however, do assess fault. How they do it may differ. Our MVA attorneys in Des Moines IA take a look at the way some states may categorize fault and how it affects the recovery of damages.

Comparative Fault allows recovery even if you are partially at fault for the crash. You may receive your proportionate share of liability if you are found partially at fault.

Modified Comparative Fault- may recover some if your actions contributed to less than half of the accident.

Contributory Negligence- both drivers share the blame. Some states allow shared liability while others do not. A pure contributory state allows may hold an accident victim responsible for their injuries. If a victim is found even partially responsible for the accident, their ability to obtain damages may be significantly impacted.

Our Des Moines IA MVA attorneys recommend getting some help in dealing with the aftermath of a car accident, especially if you are dealing with severe damage to your vehicle and body. Contact Johnston Martineau, LLP, MVA attorneys based in Des Moines, Iowa prepared to assist you during this difficult time.