An issue that often arises after a head-on collision is whether the driver of one vehicle failed to yield one-half of the road by turning inappropriately. When it can be shown that one driver failed to yield one-half of the road, a violation of the law is evidence of negligence.
In these cases, negligence can often be shown by the other driver's actions when not driving on the right half of the road, improperly overtaking a slower moving vehicle, or passing a slower moving vehicle. Showing which driver caused the accident and the neglience involved is an important factor in any motor vehicle accident case in Iowa.
Car Accident Attorneys for Head-On Collisions in Iowa
If your car accident case involves a head-on collision in Iowa, then contact a personal injury attorney in Des Moines at McCarthy & Hamrock, P.C.. Head-on collision cases often involve more serious injuries or even death. In most of these cases, evidence can be preserved immediately after the crash that will show which driver was at fault.
Hire a personal injury attorney as quickly as possible after a head-on collision accident case so that evidence can be gathered to show which driver acted with negligence. Retaining the right personal injury attorney as early as possible in the case is important to maximizing how much your case is worth.
Our attorneys understand how Iowa's rules of the road impact these cases. Let us put our experience to work for you. Contact us to find out how much your case is worth. Call (515) 279-9700 today.
Call (515) 279-9700 today.
When Overtaking and Passing Causes a Motor Vehicle Accident
This rule for driving on the right side of the road and the rules for overtaking and passing are based on Iowa Code section 321.298. The standard jury instruction for "Driving On Right Side Of Road - Overtaking And Passing, Etc." are found at 600.10. The instruction provides:
“Meeting And Turning To Right. Vehicles meeting each other on any road shall yield one-half of the road by turning to the right. A violation of this law is evidence of negligence.”
The notes in the standard jury instructions explain the use of this instruction may be infrequent because of the broad coverage relative to driving on the right-hand side of the road in Iowa Code section 321.297, which also should be read for any applicable exceptions.
Exceptions to the Rule for Driving on the Right Half of the Road
Under the standard jury instruction, 600.11 for “Driving On Right Half Of Road - Exceptions,” a vehicle shall be driven on the right half of the road on all roads of sufficient width, except as follows:
- When overtaking and passing another vehicle going in the same direction under the rules governing such movement.
- When an obstruction makes it necessary to drive to the left of the center of the road. Any person doing so shall yield the right-of-way to all vehicles traveling in the opposite direction upon the open portion of the road within a distance which is an immediate danger.
- On a road divided into three marked lanes for traffic under the rules which apply.
- On a road restricted to one-way traffic. Under Iowa Code section 321.297(1), a violation of this law related to driving on the right have of the road is negligence.
Slow Moving Vehicles in the Right-Hand Lane
The standard jury instruction, 600.12 for "Driving On The Right-Hand Side Of Road - Slow Moving Vehicle" provides:
“Any vehicle going at less than the normal speed of traffic at the time and place and under the existing conditions shall be driven in the right-hand lane, if available, or as close as possible to the right-hand curb or edge of the road, except when overtaking and passing another vehicle going in the same direction, or when preparing for a left turn at an intersection, an alley, private road or driveway.
Many accidents occur because a slow moving vehicle that is driving below the normal speed of traffic at that time and place is not properly driving in the right lane of the roadway.
Four Lanes and Two-Way Traffic
A violation of this law for driving on the right-had side of the road under Iowa Code section 321.297(2) is negligence. The standard jury instruction, 600.13 for Driving On Right-Hand Side Of Road - When Four Or More Lanes And Two-Way Traffic provides:
“A vehicle shall not be driven to the left of the center line of any road having four or more lanes for moving traffic and providing for two-way movement of traffic, except as follows:
- When authorized by official traffic-control devices designating certain lanes to the left side of the center of the road for use by traffic not otherwise permitted to use such lanes
- When an obstruction exists making it necessary to drive to the left of the center of the road, provided, any person so doing shall yield the right-of-way to all vehicles traveling in the opposite direction upon the open portion of the road within such distance as to constitute an immediate danger.
- In making a left turn into or from an alley, private road, or driveway.”
Under Iowa Code section 321.297(3), a violation of this law for driving on the right-hand side of the road with four or more lanes and two-way traffic is considered to be negligence in a personal injury case.
Finding an Attorney after a Head-On Collision in Iowa
A personal injury attorney in Des Moines, Iowa, can explain to you how these rules of the road impact a car accident case in Iowa. Showing the negligence of the at-fault driver is important when settling these cases in a personal injury case. When the case goes to trial, showing negligence because of violations of the "rules of road" can lead to a much better result in the case.
Call the personal injury attorneys at McCarthy & Hamrock, P.C. after a head-on collision case. We can help you understand how much your case might be worth.
Call (515) 279-9700 today.
This article was last updated on Friday, July 7, 2017.