Atkins Truck Accident Injury Attorneys

In the broad network of highway systems, trucking accidents can lead to significant disturbances and severe injuries. In these challenging times, trucking injury lawyers act as dependable supporters, offering guidance and support to those affected. These lawyers specialize in the complex landscape of trucking laws and regulations.

Truck Accident Insurance and the Importance of Conducting Accident Investigations

Truck accidents differ significantly from those involving only passenger cars, primarily due to the severe injuries that can result from collisions with large trucks and the complex process of filing a claim. Proving the trucking company's negligence is often necessary. Trucking companies have their own insurance firms that aggressively protect their interests and may employ investigators to conduct accident investigations. Victims of truck accidents in Iowa can benefit from legal representation by a personal injury attorney who can help conduct a thorough investigation.

Reasons to Conduct a Truck Accident Investigation

Truck company insurers often use tactics to minimize or deny claims, making it crucial to preserve and collect all available evidence. Essential evidence, such as employee records, maintenance logs, and hours of service records, needs to be obtained from the trucking company, which may alter, change, or destroy it. Trucking companies are required to retain hours of service records for six months, so securing an attorney promptly is vital. An Iowa personal injury attorney can send a spoliation letter to the trucking company to ensure necessary documentation and records are preserved, facilitating a thorough investigation.

Other Reasons to Hire an Iowa Personal Injury Attorney

Insurance companies may request actions that could harm the victim’s claim. Without an attorney's guidance, a victim may unknowingly sign paperwork that damages their case. Additionally, insurance companies may rush to settle claims quickly, offering amounts that may not cover future medical expenses and other losses. An attorney can assist in proving the trucking company's negligence and ensuring the settlement is fair and comprehensive.

When a Delivery Driver Causes a Commercial Truck Accident

Commercial vehicles, including delivery trucks, are considered commercial vehicles according to the Iowa Truck Information Guide. Accidents involving these vehicles often result in serious injuries. Determining liability typically falls on either the driver or the company owning the truck.

Liability in Commercial Truck Accidents

- Employer Liability: If the truck driver is an employee, the company is generally held liable under the legal doctrine of respondeat superior, meaning an employer is responsible for employees' actions while on duty.
- Independent Contractors: If the driver is an independent contractor, they may be held liable instead of the company.
- Product Malfunction: In some cases, a defect in the truck or its parts may cause the accident, shifting liability to the manufacturer or another responsible party, such as the shipper or the party responsible for loading the cargo.

How to Prove Liability

To prove liability in a truck accident, you must demonstrate the at-fault party's negligence. Negligence can include:

- Failure to inspect or maintain the vehicle
- Improper cargo loading
- Impaired or aggressive driving
- Speeding
- Violating traffic laws

Given the trucking company's likely thorough investigation, collecting and preserving evidence is crucial. An attorney can assist in these efforts.

Seeking Damages After an Iowa Semi-Truck Accident

Filing a truck accident claim with the responsible insurance company is the first step in seeking damages. However, insurance adjusters often aim to protect the company’s interests, potentially underestimating the claim’s value, delaying investigations, or using their medical professionals to downplay injuries.

Insurance Company Tactics to Watch For

- Underestimating Claims: Adjusters may undervalue the claim to reduce payout.
- Delaying Investigations: Frustrating the claimant into accepting a lower offer.
- Downplaying Injuries: Using company doctors to claim pre-existing conditions or minimal injuries.

If an insurer refuses fair compensation, pursuing an Iowa truck accident lawsuit may be necessary. An attorney can represent your interests, allowing you to focus on recovery.

Determining Liability After an Iowa Truck Accident

Proving negligence and liability in a truck accident may involve several parties, including:

- The truck driver
- The trucking or shipping company
- The company’s safety director
- The vehicle inspector
- The truck manufacturer

An Iowa truck accident lawyer can investigate the case to identify the liable parties and represent your interests in court, ensuring you receive fair compensation.

Common Types of Fatal Semi-Truck Accidents

Truck accidents can be particularly deadly. The five most common fatal truck accidents include:

1. Underride Accidents: Smaller vehicles drive underneath large trucks.
2. Override Accidents: Large trucks drive over smaller vehicles, motorcycles, or pedestrians.
3. Jackknife Accidents: A semi-truck’s trailer folds into the truck after sudden braking.
4. Head-On Collisions: Trucks collide head-on with other vehicles.
5. Rollovers: Trucks overturn, often due to high speed or abrupt maneuvers.

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.