- Adel Truck Accident Injury Attorneys
- Phone: 641-792-3595
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Within the expansive world of highways, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic scenarios, trucking injury lawyers stand as firm advocates, providing support and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.
We all want to be treated fairly in life, whether it's by our employer or the insurance company. Here are six little-known secrets to help you get a fair settlement:
1. Know Your Facts and the Law
Handling a case on your own requires a solid understanding of the facts and applicable Iowa laws. Insurance adjusters are trained to use various techniques to convince you to settle for less than fair value. One common tactic is the "I am your friend" approach, where the adjuster offers to handle your medical bills and suggests that hiring a lawyer will only cost you more money and time. What they won't tell you is that it's perfectly legal for them to use deceptive practices to settle your case for less than it's worth. They might also downplay your case's value by claiming they only cover a limited period for "soft-tissue" injuries.
2. You Do Not Have to Give a Recorded Statement
In most situations, you're not required to give a recorded statement to the other party's insurance adjuster, especially if a police report exists. You should refer the adjuster to the police report and your medical records instead. In cases involving your own insurance company for UIM (underinsured motorist) or UM (uninsured motorist) claims, your policy might require a recorded statement. If unsure, it's wise to consult a qualified Iowa personal injury attorney.
3. Always Tell the Truth
Honesty is crucial when dealing with insurance companies. They have extensive databases of prior claims, and any discrepancies can hurt the value of your case. Always provide accurate information about any previous personal injury claims.
4. In Car Accident and Personal Injury Cases, Ask About Insurance Coverage
Inquiring about the insurance coverage available can catch the adjuster off guard. While they may prefer not to disclose this information, knowing the coverage limits is crucial, especially if you have sustained serious injuries. Iowa law mandates a minimum of $20,000 per person for personal injuries in car accidents. For more substantial injuries, you might need to consider your own UIM coverage, which has specific requirements such as obtaining permission from your insurer before settling.
5. Making Threats Will Not Help Your Case
Insurance adjusters are trained professionals focused on minimizing payouts. Making threats like "I am going to sue you" won't increase your settlement. It might even make things worse by showing that they can provoke you. Additionally, threatening legal action doesn't intimidate them as they have legal teams ready to defend against lawsuits. If you do file suit, your case might be reassigned to another adjuster, reducing the workload of the original adjuster.
6. Do Your Research to Know Your Case's Worth
Negotiating without knowing your case's value is challenging. Research similar cases in Iowa and their outcomes to understand what judges or juries have awarded. This information is vital for effective negotiation.
In Iowa, the rules of the road are outlined in Iowa Code Chapter 321, detailing duties such as yielding at intersections and responsibilities when striking a disabled car. Iowa follows a comparative fault system, where the fault of each driver in an accident is compared. If a driver is found 51% or more at fault, they cannot recover damages. If they are 50% or less at fault, their damages are reduced by their percentage of fault.
Common Ways to Prove Fault
1. Failure to Stop Within an Assured Distance, Maintain Control, or Follow Too Closely
- Rear-end collisions often involve violations of these laws. Drivers must control their vehicles and maintain a safe following distance.
2. Failing to Yield
- This includes accidents at uncontrolled intersections, collisions while passing, and other situations requiring yielding to other vehicles or pedestrians.
3. Failing to Obey Traffic Control Devices
- Common in accidents where drivers run stop signs or red lights.
4. Making Unsafe Left Turns
- Drivers must yield to oncoming traffic when turning left.
Understanding these rules can help determine fault in an accident. If you or a loved one has been in an accident, request our Iowa Car Accident book to avoid mistakes and learn more about Iowa laws.
Legal Options After a Semi-Truck Accident
Semi-truck accidents are serious, especially for motorists severely injured in crashes. Victims have strong legal protections if they were not at fault.
Causes of Semi-Truck Accidents
Driver errors like sleep deprivation, drug use, speeding, distractions, and mechanical failures like depowered brakes or tire issues are common causes. Other causes include loading errors and manufacturing defects.
Establishing Negligence
To prove negligence in a personal injury action, you must show:
1. A duty of care existed.
2. The duty was breached.
3. The breach caused the injury.
4. The injury resulted in damages.
Liable Parties and Challenges
All parties involved in trucking, including drivers, companies, mechanics, and manufacturers, can be liable. Federal regulations govern drivers' hours, drug testing, and load weights. Violations of these rules can indicate negligence.
Contacting Walker, Billingsley & Bair
At Walker, Billingsley & Bair, our team is committed to ensuring you receive the compensation you deserve. We handle all injury cases on a contingency fee basis and manage all necessary documentation and communications.
Walker, Billingsley & Bair is prepared to act fast to defend your rights after a truck accident in Iowa. Contact our office at 641-792-3595 to speak with an attorney.