Earlham Truck Accident Injury Attorneys

In the broad network of highway systems, trucking accidents frequently lead to major interruptions and serious injuries. In these challenging circumstances, trucking injury lawyers offer dependable support, providing survivors with guidance and aid. These legal experts are well-versed in the complexities of trucking laws and regulations.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

We all want to be treated fairly in life, whether by our employer or an insurance company. When dealing with an insurance company, it’s crucial to be informed and prepared. Here are six little-known secrets to help you get a fair settlement:

1. Know Your Facts and the Law

If you are handling a case on your own, understanding the facts of your case and how Iowa laws apply is essential. Insurance adjusters are trained to use various techniques to convince you to settle for less than fair value. One common tactic is to act as your friend, telling you to send them your medical bills and promising a fair settlement. They might say you don’t need a lawyer because it will cost you more money and take longer. What they won’t tell you is that it’s perfectly legal for them to lie, cheat, and steal to settle your case for less.

Another tactic is to downplay your case, suggesting you should settle because you won’t get more than what they offer. They may claim they only pay for three months of treatment for "soft-tissue" injuries, as they believe these heal within that time. While you might have a strong case, the insurance adjuster is not going to help you determine this.

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. This is especially true if you were involved in a car accident where the police were called and there is a police report. Politely decline to give a recorded statement and refer the adjuster to the police report and your medical records. In some cases, providing a non-recorded statement might speed up the claims process. However, if you are bringing a claim against your own insurance company for UIM (underinsured motorist) or UM (uninsured motorist), you may be required to give a recorded statement. If unsure, consult a qualified Iowa personal injury attorney.

3. Always Tell the Truth

Honesty is always the best policy. Insurance companies have massive databases with information about any prior claims you have made. If the adjuster asks about previous personal injury claims and you say "no" when there are claims in their database, you could hurt the value of your case.

4. Ask the Adjuster About Insurance Coverage

In car accident and personal injury cases, ask the adjuster how much insurance coverage is available. This often catches the adjuster off guard. They might not tell you because they prefer to hide this important information. In Iowa, the state minimum for car accidents is only $20,000 per person for personal injuries. If you have a serious injury, you may need to look at your own UIM policy for additional coverage. Keep in mind there are specific requirements, such as obtaining permission from your insurance company before settling.

5. Making Threats Will Not Help Your Case

Insurance adjusters are trained professionals whose job is to pay as little as possible to increase company profits. Making threats like "I am going to sue you" or "Let me talk to your boss" seldom helps. The adjuster will know they can anger you, which is not beneficial for your case. Also, they have teams of lawyers ready to defend against your threats. If you file a lawsuit, your case might be moved to another adjuster, reducing their workload.

6. Do Your Research to Know the Value of Your Case

It’s hard to negotiate if you don’t know how much your case is worth. Research similar cases in Iowa that have gone to trial to see how much the judge or jury awarded. This information is vital for negotiation.

Can I File a Truck Accident Claim if My Vehicle Was Struck by Falling Cargo and Not the Truck Itself?

Drivers struck by falling cargo from a large truck can file a truck accident claim, known as an unsecured load claim. Many times, cargo is secured inside a trailer, but sometimes it is not enclosed, such as pipes, logs, and boxes. If the cargo is not secure, it can enter the roadway, creating a dangerous hazard. An Iowa law firm in Earlham can help victims establish accident liability and recover compensation for damages.

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims can still file a claim. Truck drivers and companies have a responsibility to secure cargo to prevent injuries. In addition, truck drivers must drive safely to avoid cargo falling off. A driver must suffer damages or injuries caused by the falling cargo to file a claim. Simply witnessing the act does not warrant a claim. Consult a lawyer to determine if you have a valid claim.

Determining Accident Liability

Determining liability is crucial. If the truck driver loaded the cargo, they may be responsible. If another employee of the trucking or shipping company loaded the cargo, they may bear responsibility. If the truck driver is hauling for a company, the company may be liable under the law of respondeat superior, meaning the company bears liability for employees' actions during employment. If a third party loaded the cargo, that party may be liable.

Product defects are also a consideration. If the cargo was securely loaded but a defect caused it to spill, the manufacturer of the trailer could be liable. Multiple parties could be at fault, and an Iowa law firm in Earlham can help establish liability.

How Does a City Truck Accident Claim Differ from a Regular Truck Accident?

A city truck accident claim differs from a regular truck accident claim because it involves the government. These claims should be filed in City Hall instead of through an insurance company. Filing a suit against a government entity can be more problematic, so victims should consult a personal injury lawyer in Earlham.

Filing a City Truck Accident Claim

City trucks can include fire engines, buses, utility vehicles, and garbage trucks. If you are injured in an accident with a government vehicle, fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. The form asks for information about your car, injuries, witnesses, and a description of the accident. Attach relevant documents and photos of injuries, vehicle damage, and other evidence. It also requires two estimates for property damage.

If the claim is denied by the city, you may pursue a lawsuit to recover damages. Contact an attorney for help filing your claim form to avoid leaving out essential information, which could devalue or void your claim.

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.