Bloomfield Truck Accident Injury Attorneys

 In the broad expanse of highways, trucking accidents can cause considerable disruption, often resulting in serious injuries for those affected. In such difficult moments, trucking injury lawyers serve as unwavering advocates, offering support and direction to survivors. These legal experts are adept at navigating the complex terrain 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, particularly for motorists who suffer severe injuries in such crashes. Victims of large truck accidents 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, including:

- Sleep deprivation
- Use of prescription or recreational drugs
- Speeding
- Inattention or distractions
- Work stress
- Unfamiliarity with the road

Mechanical problems also account for many crashes, such as depowered front brakes, failing to replace tires, and transmission failure. Other causes include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

To succeed in a personal injury action following an accident with a semi truck, you must prove:

1. A duty of care between the parties.
2. The defendant breached that duty of care.
3. The breach caused the injury to the claimant/plaintiff.
4. The claimant/plaintiff suffered damages.

These cases often hinge on whether the truck driver or another party acted negligently, failing to provide reasonable care to prevent injuries. Examples of negligent behavior include speeding and exceeding hours-of-service limitations.

Iowa follows a modified comparative fault system, meaning an accident victim must be less than 51 percent at fault to recover damages. However, the victim's damages are reduced by their percentage of fault. For instance, if the victim is 10 percent at fault and suffers $10,000 in damages, the recoverable amount is reduced by $1,000.

Liable Parties After the Crash and Challenges in Accident Cases

Various parties in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, can be held liable if their actions caused an accident. Federal Motor Carrier Safety Administration (FMCSA) regulations govern aspects such as driver hours, mandatory drug testing, and load weight limits. Violating these rules may indicate negligence, making the violating party liable if it caused or contributed to an accident.

Trucking companies can be liable if their drivers cause an accident. Companies are responsible for their drivers' actions, so if a driver causes your accident, the company may be liable. Trucks often have onboard devices recording driver actions, and these records, along with logbooks, must be maintained per federal laws and company policies. An attorney can send a spoliation letter to the trucking company to preserve these records, making legal representation essential after a truck accident.

Filing a Truck Accident Claim if Struck by Falling Cargo

Drivers struck by falling cargo from a large truck can file a truck accident claim. This situation, known as unsecured load, occurs when cargo, such as pipes, logs, or boxes, is not properly secured and falls onto the roadway, creating a hazard.

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can file a claim. Truck drivers and companies must secure cargo to prevent it from injuring others. Additionally, truck drivers must drive safely to ensure cargo does not fall off the trailer into the path of other vehicles. A claim can be filed if the driver suffers damages or injuries from falling cargo.

Determining Accident Liability

Determining liability is crucial in these claims. If the truck driver loaded the cargo, they might be responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, they might share the responsibility. If the driver was hauling cargo for a company, the company might be liable under the doctrine of respondeat superior, which holds employers liable for employees' actions during their employment. If a third-party loaded the cargo, they might be liable.

Product defects are another consideration. If the cargo was securely loaded, but a defect in the trailer caused the cargo to spill, the manufacturer might be liable. Multiple parties, including the trucking company and other companies, can be held responsible for damages in cargo-related accidents.

Should I Get a Car Accident Lawyer?

If you are considering hiring a car accident lawyer for your Iowa claim, it's important to know that qualified lawyers usually operate under certain standards:

1. No Up-Front Fees or Charges: You do not have to pay a retainer or any initial fees.
2. Contingency Fee Basis: The attorney is paid only if they win, taking a percentage of the settlement or judgment, usually ranging from 30% for settlements, 33.33% if litigated, and up to 40% if appealed.
3. Selective Case Acceptance: Attorneys typically take only cases where they believe they can significantly impact the compensation amount.
4. Full-Service Handling: The attorney handles all contact with insurance companies, obtains your medical records and bills, and keeps you updated.

Beware of red flags, such as firms that take every case indiscriminately or lawyers who require clients to gather their own medical records and bills. These practices may indicate a lack of investment in your case.

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.