Durant Truck Accident Injury Attorneys

In the broad expanse of highway systems, trucking accidents can lead to major interruptions, often resulting in severe injuries. In these tough situations, trucking injury lawyers act as trustworthy allies, providing support and advice to those impacted. They specialize in the detailed aspects of trucking laws and regulations.

Truck accidents can lead to severe injuries and complex legal scenarios. Understanding the types of records required, the importance of conducting thorough accident investigations, and the legal avenues available can significantly enhance the chances of securing fair compensation. Here’s an in-depth look at what you need to know if you’re involved in a truck accident in Iowa.

Essential Records for Your Truck Accident Claim

When pursuing a truck accident injury claim, your Iowa truck accident lawyer will need to gather various records to build a strong case. Some of these records you might collect yourself, while others may require legal assistance to obtain.

Police Report
The police report filed after your collision is a crucial piece of evidence. It describes the accident scene and includes the officer’s assessment of fault. If the other driver was impaired, this should also be documented in the report.

Medical Records
To recover compensation for your injuries, you must provide detailed medical records. These records establish the extent of your injuries and document the expenses and projected costs for future treatments or therapies. Since medical expenses often constitute a significant portion of the compensation sought, providing comprehensive evidence is vital.

Truck Driver’s Driving Records
If the truck driver has a history of reckless driving, it can strengthen your case. Your lawyer can use these records to argue that the trucking company was negligent in allowing the driver to continue operating their vehicles despite a pattern of unsafe behavior.

Importance of Truck Accident Investigations

Truck accidents differ significantly from those involving only passenger cars, not only because the injuries are often more severe but also due to the complexity of filing a claim. Proving the trucking company’s negligence is crucial, and a thorough investigation is essential to achieve this.

Conducting a Thorough Investigation
Trucking companies have robust insurance defenses and often deploy investigators to the accident scene quickly. These companies may use various tactics to diminish or deny your claim. Therefore, preserving and collecting all available evidence is critical. This includes obtaining employee records, maintenance logs, and hours of service records from the trucking company. Given the possibility of evidence being altered or destroyed, securing an attorney who can send a spoliation letter to preserve crucial documentation is highly advisable.

Avoiding Insurance Company Pitfalls
Insurance companies may request that you sign documents or make statements that could harm your claim. An attorney can help navigate these requests and ensure you don’t inadvertently damage your case. Additionally, insurance companies often aim to settle quickly, which might result in a settlement that doesn’t fully cover future medical and other expenses. An experienced lawyer can assist in determining a fair settlement and proving the trucking company’s negligence.

Legal Options After a Truck Accident

If you’ve been injured in a semi-truck accident, understanding your legal options is crucial. Truck accidents can be caused by various factors, including driver error, mechanical issues, and improper loading practices.

Establishing Negligence
To succeed in a personal injury lawsuit, you must prove that the truck driver or another party acted negligently. This involves demonstrating:
- A duty of care existed between the parties.
- The duty of care was breached.
- The breach caused the injury.
- The claimant suffered damages as a result.

Negligent behaviors such as speeding, driving while fatigued, or violating hours-of-service regulations can be grounds for liability. Iowa’s modified comparative fault system means you can recover damages only if you are less than 51 percent at fault, with your compensation reduced by your percentage of fault.

Identifying Liable Parties
Several parties could be held liable, including the truck driver, trucking company, mechanics, and manufacturers. The Federal Motor Carrier Safety Administration (FMCSA) regulations govern various aspects of trucking operations, and violations of these rules can indicate negligence.

Preserving Evidence
Trucking companies often have onboard devices that record driver actions. Ensuring these records and other relevant evidence are preserved is critical. An attorney can issue a spoliation letter to the company to prevent the destruction of vital evidence.

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.