How does comparative negligence affect my school bus accident claim?
Comparative negligence is a key factor in determining who is liable for a school bus accident claim in Iowa. Comparative negligence is a legal doctrine that determines each party’s contribution to the accident. The court will assign a percentage of fault to each party based on their involvement in the accident. For example, if the court decides the driver was 70% at fault and the victim was 30% at fault, the victim can still be compensated, but their damages will be reduced by their assigned percentage of fault. In Iowa, comparative negligence is applied using the modified comparative negligence rule. Under this rule, an injured party can only recover damages if they are found to be less than 50% at fault for the accident. This means that if the injured party is found to be 50% or more at fault, they are barred from recovering damages. So, if you were involved in a school bus accident in Iowa, comparative negligence would affect your claim. The court would determine each party’s percentage of fault, and if you were found to be 50% or more at fault, you would not be able to recover any damages from the school bus company. However, if you were found to be less than 50% at fault, the court would reduce your damages award by your assigned percentage of fault.
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