Des Moines Distracted Driving Accident Lawyer
Last updated on August 24, 2026
A distracted driver can turn an ordinary day into a lifetime of pain, medical bills and uncertainty. If you feel overwhelmed and unsure where to turn, you are not alone.
At Galligan Law, our trial attorneys have decades of experience with complex motor vehicle collision claims in Iowa, including Clive and Des Moines. We understand how distraction occurs and how to build strong evidence for claims. As your Des Moines distracted driving accident lawyers, we can guide you carefully through every step of the process.
Trusted Iowa Accident Lawyer Serving Victims Of Distracted Driving
As traffic grows heavier throughout Iowa, distracted driving has become a leading cause of preventable crashes. It includes any behavior that takes a driver’s eyes, hands or attention away from safely operating a vehicle.
Examples of distracted driving include:
- Visual distraction such as looking at a phone screen
- Manual distraction such as typing or holding a device
- Cognitive distraction such as focusing on messages instead of traffic
- Technology use such as adjusting GPS or music apps
- Other in‑car behaviors such as eating or reaching for items
Phone records, witness statements and electronic data may help show that the driver failed to use reasonable care. Such evidence strengthens your case and supports claims for medical expenses, lost income, and pain and suffering. An experienced Iowa distracted driving accident lawyer can help present this evidence effectively.
Our Des Moines Lawyers Can Help Prove A Distracted Driver Was At Fault
At Galligan Law, we believe that distracted driving accident claims require prompt action. As your Des Moines lawyer, our strategy focuses on retrieving and preserving evidence before it disappears.
Routine overwriting can permanently remove call logs, text threads and traffic security camera footage. We work against this by issuing formal spoliation letters to the involved driver, cellular carriers and nearby establishments, placing them on notice of their obligation to preserve vital records and logs.
Moreover, our team immediately seeks the official report from police officers. Details recorded can reveal the other driver’s confession to driving distractedly and their issued citations. Additionally, we also retrieve statements from eyewitnesses. We aim to interview them as soon as possible, so their accounts remain accurate.
Because a distracted driving claim hinges on proving the other driver’s inattention, we are ready to work with accident reconstruction experts. Their findings can help us connect physical evidence with the driver’s distracted behavior.
How Does Comparative Fault Impact Distracted Driving Claims In Iowa?
Iowa’s modified comparative fault rule allows you to recover compensation, provided that your assigned fault is at 50% or less. However, your exact percentage of fault reduces your total financial award.
For instance, you failed to communicate to the driver behind you a stop due to faulty brake lights. Because they were texting while driving, they failed to notice what was happening and collided into your car’s rear side.
Both sides are at fault. However, insurance adjusters may use tactics to shift most of the responsibility to you to eliminate or minimize your payout. They can claim that your lack of maintenance is the primary cause of the crash. To counter this, you must establish that the other driver violated Iowa’s hands-free driving law to prove their negligence.
What Is Iowa’s Hands-Free Driving Law?
The state’s hands-free law generally prohibits drivers from holding a phone while driving. It allows only hands-free or voice-activated use with limited single touches.
Beginning January 1, 2026, officers may stop drivers solely for holding a device, and violations can result in fines. Iowa Code section 321.276 also restricts writing, sending or viewing electronic messages while driving.
In a distracted driving case, evidence of a hands-free violation can be important. A citation, phone data or officer testimony may help establish negligence, which can influence liability findings and insurance negotiations.
What Is The Statute Of Limitations On Filing A Distracted Driving Lawsuit In Iowa?
In Iowa, you have a two-year time limit to file a personal injury claim, which begins at the date of the accident. If you were under 18 when the accident occurred, the window does not begin until your 18th birthday. If there was no bodily harm but property damage remains, you have five years from the date of the accident to take action.
The statute of limitations is the same for wrongful death claims. If the car accident was fatal, you or a family member must file a wrongful death claim on the date of the victim’s death. This date can be the same as the accident or a later date.
If the distracted driver happens to be a government employee, strict administrative notice requirements apply. You must submit a formal notice with the employee’s agency within 60 to 180 days before you can file a lawsuit.
Schedule A Free Consultation With A Trusted Distracted Driving Accident Attorney
If you or a family member were injured by a distracted driver in Iowa, Galligan Law is ready to help. Call us at 515-316-6179 today to speak with a knowledgeable Des Moines distracted driving accident attorney and learn how we can protect your rights in a free consultation. You can also contact us online using the contact form.