Iowa Car Accident Laws: Your Legal Duty After an Accident

If you’re in a car accident in Iowa, you need to know your legal obligations, such as the duty to report and exchange information.

No one plans to get into a car crash. But accidents do happen, so it’s important to be aware of the specific Iowa laws that apply to your situation.

In this article, we’ll discuss the legal duties of Iowa drivers after an accident, as well as some of the penalties for violating these laws. You can learn more in Chapter 321 of the Iowa Transportation Code.

1. Iowa Driver Exchange of Information Law

In Iowa, the law requires you to immediately stop at the scene of an accident resulting in injury or death. You then must give your name, address, and vehicle registration number to the other people involved. You must display your driver’s license if requested.

When a crash results in a fatality, all surviving drivers must remain at the scene of the accident. The only exceptions are for seeking medical aid or reporting the accident to the police. If you need to leave for either of these reasons, you must leave your driver’s license or some other identification at the crash site.

The driver of any vehicle who was involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close as possible and if able, shall then return to and remain at the scene of the accident in accordance with section 321.263.

Every such stop shall be made without obstructing traffic more than is necessary.

Iowa Code §321.261

The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle shall give the driver’s name, address, and the registration number of the vehicle the driver is driving and shall upon request and if available exhibit the driver’s driver’s license.

If the accident causes the death of a person, all surviving drivers shall remain at the scene of the accident except to seek necessary aid or to report the accident to law enforcement authorities. Before leaving the scene of the fatal accident, each surviving driver shall leave the driver’s license, automobile registration, or other identification data.

After leaving the scene of the accident, a surviving driver shall promptly report the accident to law enforcement authorities, and shall immediately return to the scene of the accident or inform the law enforcement authorities where the surviving driver can be located.

Iowa Code §321.263

2. Iowa Car Accident Injury Law: Duty to Render Aid

If you are involved in a car accident in Iowa that results in injury, you have a legal duty to render “reasonable assistance” to the injured person. This includes transporting them for medical treatment or arranging some other form of transportation.

The law requires you to assist if it is obvious the person needs medical treatment or if the person requests that you take them to the hospital.

The driver of a vehicle involved in an accident resulting in injury shall render to a person injured reasonable assistance, including the transporting or arranging for the transporting of the person for medical treatment if it is apparent that medical treatment is necessary or if transportation for medical treatment is requested by the injured person.

Iowa Code §321.263

3. Iowa Law on Reporting a Car Accident to Police

According to Iowa law, if you are involved in an accident resulting in injury or death, you must immediately notify local law enforcement. If the driver is physically unable to report an accident, any other occupant of the vehicle who is capable of doing so must make the report.

In addition, drivers involved in accidents causing injury, death, or property damage of $1,500 or more must file a written report with the Department of Transportation within 72 hours. However, if a law enforcement agency investigates the accident, you don’t have to file a written report.

The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately by the quickest means of communication give notice to the sheriff of the county in, or the nearest office of the state patrol, or to any other peace officer as near as practicable to the place where the accident occurred.

The driver of a vehicle involved in an accident resulting in injury to or death of any person, or total property damage to an apparent extent of one thousand five hundred dollars or more shall, within seventy-two hours after the accident, forward a written report of the accident to the department.

However, such report is not required when the accident is investigated by a law enforcement agency.

Iowa Code §321.266

Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report.

Iowa Code §321.268

What if I Fail to Report an Accident in Iowa?

If you fail to report an accident in Iowa, it is considered a simple misdemeanor. This means that you could be fined up to $825 and imprisoned for up to 30 days. For this reason, it is always better to err on the side of caution and report any car accident, no matter how minor it may seem.

It is a simple misdemeanor for a person to do an act forbidden or to fail to perform an act required by this chapter unless the violation is by this chapter or other law of this state declared to be a serious or aggravated misdemeanor or a felony.

Iowa Code §321.482

4. Iowa Car Accidents With No Injuries: Your Legal Duty

Iowa drivers involved in car accidents that only cause property damage must remove their vehicles from the roadway as soon as possible. Move the vehicle to the shoulder, emergency lane, or median closest to the scene of the accident. Make sure the vehicle is completely off the traveled portion of the roadway before stopping.

After moving off the roadway, you must remain at the scene until you exchange information with the other driver.

The driver of any vehicle involved in an accident resulting only in damage to a vehicle shall immediately remove the driver’s vehicle from the traveled portion of the roadway if the vehicle is operable and the removal can be achieved in a safe manner.

The driver shall remove the vehicle to the shoulder, emergency lane, or median nearest to the scene of the accident such that the vehicle is completely off the traveled portion of the roadway, and shall then stop the vehicle. The driver shall remove the vehicle without obstructing traffic more than is necessary.

Another person at the scene of the accident may remove a vehicle involved in the accident to reduce the risk of a subsequent accident or to ensure the safety of persons at the scene of the accident.

The driver shall remain at the scene of the accident until the driver has fulfilled the requirements of section 321.263.

Iowa Code §321.262

The driver of a vehicle involved in an accident resulting in damage to a vehicle shall give the driver’s name, address, and the registration number of the vehicle the driver is driving and shall upon request and if available exhibit the driver’s driver’s license.

Iowa Code §321.263

5. What if I Hit a Parked Car in Iowa?

After a collision with a parked vehicle, Iowa law requires that you take certain steps to ensure that the owner of the vehicle is notified.

First, you must stop and attempt to find the owner of the parked vehicle to inform them of the collision. You must also provide them with your name and address. If someone else owns the car you were driving, you must supply the owner’s name and address as well.

If you are unable to locate the damaged vehicle’s owner, you must leave a note in a conspicuous place on the vehicle.  The notice should include your name and address, as well as a brief statement of the circumstances surrounding the collision.

The driver of any vehicle which collides with any vehicle which is unattended shall either locate and notify the owner of such vehicle of the name and address of the driver and owner of the vehicle or shall leave in a conspicuous place in the vehicle a written notice giving the name and address of the driver and the owner and a statement of the circumstances.

Iowa Code §321.264

Although some Iowa car accident laws may seem like common sense, it’s important to obey them in order to avoid penalties. Failing to do so could result in a fine or jail time. If you’ve been involved in an accident, make sure you know the law and follow it to ensure you are protected.