Legal Question in Traffic Law in Iowa
Failure to yield citation, other driver cited for OWI
15 year old on a school permit is making a left hand turn out of the school entrance onto a two lane road t-intersection . She looks left and sees oncoming car with right turn signal on . She looks right and its clear. She goes and is clipped in the left rear corner by vehicle approaching from the left. Driver of this car cited for OWI and blew a .135%. 15 year old cited for failure to yield. No injuries either side.Vehicle damage estimates $3,000 for15y/o and $4,000 for OWI. Are these mitigating circumstances that could affect liability % ? What ratio? Could the failure to yield be reduced to a non moving violation?
1 Answer from Attorneys
Re: Failure to yield citation, other driver cited for OWI
The apportionment of liability is known only to your insurance agent and God. You'd have to be talking to the county attorney about reducing a violation to a non moving but in view of the problems we've had in years past in Iowa that's a long shot.
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