Belle Plaine Truck Accident Injury Attorneys

Across the wide highway networks, trucking accidents frequently cause major interruptions and serious injuries. During these trying circumstances, trucking injury lawyers serve as trustworthy allies, offering support and guidance to survivors. These lawyers specialize in the intricate field of trucking laws and regulations.

I Was Injured in an Accident with a Semi Truck - What Are My Legal Options?

Semi-truck accidents are serious matters, especially for motorists severely injured in such crashes. Victims of large truck crashes have strong legal protections if they were not at fault. Understanding your rights and responsibilities is crucial when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

Many heavy truck crashes are caused by driver error, such as:
- Sleep deprivation
- Use of prescription or recreational drugs
- Speeding
- Inattention and distractions
- Work stress
- Unfamiliarity with the road

Mechanical problems account for many other crashes, with common issues including:
- Depowered front brakes
- Failing to replace tires
- Transmission failure

Other causes include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

In personal injury actions arising from semi-truck accidents, the plaintiff must prove:
1. A duty of care between the parties.
2. A breach of that duty of care by the defendant.
3. The breach caused injury to the plaintiff.
4. The plaintiff suffered damages.

These lawsuits typically hinge on whether a truck driver or other party acted negligently and failed to provide reasonable care. Examples of negligent behavior include speeding and exceeding hours-of-service limitations.

Iowa is a modified comparative fault state, meaning an accident victim must be less than 51 percent at fault to recover damages. The victim's damages are reduced by their percentage of fault. For instance, if a victim is 10 percent at fault and suffers $10,000 in damages, they will receive $9,000.

Liable Parties and Challenges in Truck Accident Cases

All parties in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be liable if their actions caused an accident. The Federal Motor Carrier Safety Administration (FMCSA) regulations govern aspects such as driver hours, mandatory drug testing, and load weight limitations. Violations of these rules may indicate negligence.

A trucking company could be held liable if one of its drivers causes an accident. These companies are responsible for their drivers' actions and may be liable in any resulting legal action.

Preserving Evidence and Contacting an Attorney

Trucks often carry onboard devices that record driver actions. Companies maintain these records according to federal laws and company policies. An attorney can send a spoliation letter to preserve these records if they are relevant to your case. Contacting an attorney after a truck accident is advisable to protect your rights.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents can be severe, often resulting in serious, disabling, or life-threatening injuries for drivers and occupants of smaller vehicles. While driver errors are common causes, poor commercial truck maintenance by trucking companies can also be to blame.

Poor Maintenance and Trucking Company Negligence

The FMCSA enforces rules regarding commercial vehicle maintenance. Trucking companies are responsible for maintaining their trucks. When poor maintenance is a factor in an accident, the truck company may be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain equipment problems are more likely to cause or exacerbate crashes, such as:
- Brake failure: Worn brakes can prevent a truck from stopping.
- Depowered front brakes: Can cause jackknifing, where the trailer folds and strikes other vehicles.
- Tire issues: Blowouts, worn treads, and improper inflation can cause accidents.
- Lighting and visibility: Poor lighting and malfunctioning windshield wipers can contribute to crashes.
- Trailer attachment: Improperly attached trailers can swing out of control or detach, posing serious risks.

Recoverable Damages in Truck Accident Claims

When a truck company's negligence causes an accident, victims may seek compensation for:
- Medical expenses: Ambulance services, hospitalization, follow-up visits, medication, physical therapy, and future medical costs.
- Lost income: Compensation for lost wages during recovery and for any permanent disability impacting earning capacity.
- Property damage: Costs to repair or replace the victim's vehicle.
- Physical and emotional losses: Pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and psychological harm.

Proving Truck Company Negligence

Finding a truck company liable requires a thorough investigation. Contact an attorney experienced in handling truck accident cases to help establish liability and seek compensation. Walker, Billingsley & Bair can assist in investigating crashes and determining if a truck company is liable for poor maintenance.

Filing a Claim for Falling Cargo

Accidents caused by falling cargo from a truck are known as unsecured load incidents. Victims can file a truck accident claim if struck by falling cargo, even if the truck did not physically crash into their vehicle. Truck drivers and companies must ensure cargo is securely loaded to prevent it from becoming a hazard.

Determining Liability for Falling Cargo Accidents

Liability may rest with the truck driver, another employee, the trucking company, or a third-party loader, depending on who loaded the cargo and how the accident occurred. Product defects may also be a factor, holding the manufacturer liable.

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.