Eagle Grove Truck Accident Injury Attorneys

 In the expansive realm of highways, trucking accidents can cause considerable upheaval, often resulting in serious injuries for those affected. During such chaotic scenarios, trucking injury lawyers act as reliable advocates, offering support and direction to survivors. These legal specialists are adept at navigating the complex world of trucking regulations.

Causes of Semi Truck Accidents

Semi-truck accidents are a serious matter, especially for motorists who suffer severe injuries. Understanding the causes of these accidents is crucial for pursuing legal action. Many heavy truck crashes result from driver error, such as sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems, such as depowered front brakes, tire failures, and transmission issues, also account for many crashes. 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 after an accident with a semi-truck, a plaintiff must prove:

1. A duty of care existed 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 lawsuits 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 the 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. However, the victim's damages are reduced by their percentage of fault. For instance, if the victim was 10 percent at fault and suffered $10,000 in damages, their damages would be reduced by $1,000.

Liable Parties After the Crash and Challenges in Accident Cases

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

Trucking companies could be held liable if one of their drivers causes an accident. These companies are responsible for their drivers' actions, so if a driver causes your accident, the company may be liable in any resulting legal action.

Trucks often have onboard devices that record driver actions while the truck is on the road. Companies maintain these records and logbooks according to federal laws and company policies. If a victim believes these records or other evidence in the trucking company's possession could be relevant, an attorney can send a spoliation letter to preserve this evidence.

Collecting Evidence for Your Truck Accident Claim

When filing an injury claim, gathering evidence is crucial. Your Iowa truck accident lawyer will need various records to build your case:

1. Police Report: This report describes the accident scene and the officer's opinion on fault, including if the other driver was impaired.
2. Medical Records: These records establish your injuries and the expenses for current and future treatment or therapy. Medical expenses often comprise a large portion of the compensation sought in an accident claim.
3. Truck Driver’s Driving Records: A pattern of reckless driving by the truck driver can strengthen your case, showing that the trucking company was at fault for allowing the driver to continue despite reckless behavior.

Navigating Insurance Claims

Dealing with insurance companies after a truck accident can be challenging. Here are six little-known "secrets" to help you get a fair settlement:

1. Know Your Facts and the Law: Understanding the facts of your case and how Iowa laws apply is crucial. Insurance adjusters are trained to convince you to settle for less than fair value.
2. You Do Not Have to Give a Recorded Statement: In most cases, you are not required to give a recorded statement to the insurance adjuster for the other side.
3. Always Tell the Truth: Honesty is essential as insurance companies have databases with information about prior claims.
4. Ask About Insurance Coverage: Knowing the amount of insurance coverage available can significantly impact your case.
5. Avoid Making Threats: Insurance adjusters are trained professionals who aim to pay as little as possible. Threats are ineffective and can harm your case.
6. Do Your Research: Understanding the value of similar cases in Iowa can help in negotiations.

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.