Brooklyn Truck Accident Injury Attorneys

The wide expanse of highways often witnesses trucking accidents causing significant disturbances and severe injuries. In such tough times, trucking injury lawyers serve as reliable allies, offering support and advice to those affected. These attorneys specialize in the detailed realm of trucking laws and regulations.

Commercial vehicle accidents, particularly those involving delivery trucks, often result in severe injuries due to the size and weight of these vehicles. According to the Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is classified as a commercial vehicle. If you’ve been involved in an accident with a commercial vehicle in Iowa, it’s crucial to understand the aspects of recovery and liability.

Who’s Liable for a Car Accident Caused by a Commercial Driver?

In most cases, either the driver of the commercial vehicle or the company that owns the truck will be held liable. If the driver is an employee of the trucking company, the company is usually held responsible under the doctrine of respondeat superior, which means that an employer is liable for the actions of its employees while they are working, according to the Legal Information Institute of Cornell University Law School.

However, if the driver is an independent contractor, the driver may be held liable instead of the company. In certain situations, neither the driver nor the company may be at fault. For example, if a defective part on the truck caused the crash, the manufacturer of the truck or the faulty part, or even the party responsible for loading the truck’s cargo, could be held liable.

How to Prove Liability

To recover damages from a commercial truck accident, you must prove the negligence of the at-fault party. Examples of negligence include:
- Failing to inspect or maintain the vehicle
- Improperly loading cargo
- Driving while impaired
- Speeding or aggressive driving
- Failing to adhere to traffic laws

Negligence essentially means that someone acted or failed to act in a way that a reasonable person would under similar circumstances. Preparing for the trucking company to investigate the accident is crucial.

Conducting an Accident Investigation

Accidents involving commercial trucks differ significantly from those involving only passenger cars, primarily because of the severity of injuries and the complexity of filing a claim, which often involves proving the trucking company's negligence. Truck companies typically have insurance companies that aggressively defend their clients and employ investigators to conduct accident investigations. Victims may benefit from an Iowa personal injury attorney who can provide legal representation and help conduct a thorough investigation.

Reasons to Conduct a Truck Accident Investigation
The insurer for the truck company may use various tactics to diminish or deny a claim, making it essential to preserve and collect any available evidence. Evidence needed for the investigation often must be obtained from the truck company, such as employee records, maintenance records, and hours of service logs. Unfortunately, there may be efforts to alter or destroy this evidence. Trucking companies are required to retain hours of service records for six months.

An attorney can send a spoliation letter to the trucking company, demanding that necessary documentation, devices, and records be preserved, ensuring a more thorough investigation.

Other Reasons to Hire an Iowa Personal Injury Attorney
Insurance companies may ask victims to sign paperwork that could harm their claim, presenting it as a routine part of the process. Without an attorney's review, signing such documents could damage the victim’s case. Additionally, insurers may try to settle claims quickly, offering amounts that seem substantial but may not cover future medical and other expenses. An attorney can help prove the trucking company’s negligence and secure a fair settlement.

Filing a Truck Accident Claim for Falling Cargo

Even if a truck doesn’t physically crash into another vehicle, drivers struck by falling cargo can file a truck accident claim. This is known as an unsecured load situation. Cargo, such as pipes, logs, and boxes, may be exposed and, if not properly secured, can create dangerous road hazards. An Iowa law firm in Brooklyn can help victims of such accidents establish liability and recover compensation.

Filing a Truck Accident Claim
Victims must suffer damages or injuries caused by the falling cargo to file a claim. Simply witnessing cargo falling off a trailer does not warrant a claim. Determining liability is critical. If the truck driver loaded the cargo, he or she may be held responsible. If another employee of the trucking or shipping company loaded the cargo, that person might bear some responsibility.

If the truck driver is hauling cargo for a company, the company may be liable under respondeat superior, which holds companies accountable for their employees’ actions during employment. Proof of negligence by the driver or another company employee is necessary to hold the company liable. If a third party loaded the cargo, that party may also be held responsible.

In cases where the cargo was securely loaded, but a defect with the trailer led to the cargo coming loose, the manufacturer of the trailer could be liable. Multiple parties may share liability for cargo-related accidents.

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.