- Fairfax Truck Accident Injury Attorneys
- Phone: 641-792-3595
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In the expansive network of highway systems, trucking accidents can cause significant disruption, often leading to life-changing injuries for those affected. In such tumultuous situations, trucking injury lawyers stand as reliable advocates, offering support and direction to survivors. These attorneys specialize in navigating the intricate landscape of trucking laws and regulations.
Why Hire a Car Accident Attorney?
If you or someone you care about has been injured in a car crash, you might be wondering, "Why would I hire a car accident attorney?" It's important to understand that not every car accident case requires legal representation. Here are some scenarios where you might not need an attorney:
1. Property Damage Only: If your vehicle sustained only property damage and the other driver's insurance company has taken care of it.
2. Minor Injuries: If your injuries are minor and only required minimal medical treatment. Hiring an attorney in such cases might mean paying a portion of your settlement to the attorney unnecessarily.
3. Fair Settlement: If you are able to reach a fair settlement with the insurance company on your own. Ensure everything is in writing, including details on who is paying for outstanding medical bills and repaying health and/or car insurance.
However, there are many instances where consulting with an attorney before signing forms or giving statements to the insurance adjuster is crucial.
When You Should Consult an Attorney
1. Hospitalization: When you have been hospitalized for your injuries.
2. Surgery Required: If surgery was required to treat your injuries.
3. Permanent Injuries: If you have permanent injuries caused by the car crash.
4. Impaired Driver: When the other driver was under the influence of alcohol or drugs.
Protecting Your Rights and Compensation
Talking to a qualified car accident attorney in these cases is essential to protect yourself and ensure you receive the compensation you deserve. Here are common mistakes made by those who represent themselves:
1. Low Settlement Offers: Accepting an offer that is too low and then discovering they have to repay their health insurance from the received money, leaving no compensation for their injuries.
2. Policy Limits: Accepting the policy limits for the other driver without verifying that this is the only coverage available. The only way to truly know the coverage available is to obtain sworn affidavits from both the other driver and their insurance company.
3. Underinsured Motorist Coverage (UIM): Failing to contact their own insurance company to obtain compensation for UIM. Specific steps must be followed under the insurance contract, or you might end up with nothing from your UIM insurance company.
How a Car Accident Attorney Can Help
A qualified Iowa car accident attorney can provide the following services:
1. Legal Protection: Ensuring your rights are protected under Iowa law.
2. Handling Insurance Companies: Managing all contact with insurance companies to avoid mistakes and the stress of dealing with adjusters.
3. Maximizing Recovery: Identifying all applicable insurance policies to maximize your recovery.
4. Medical Expenses: Handling contact with subrogation companies, hospitals, and medical providers to maximize your compensation after medical expenses.
5. Expert Advice: Offering experienced advice on the case's worth and, if necessary, representing you in court.
Proving Fault in Iowa Car Accidents
Iowa follows the "rules of the road" as detailed in Iowa Code Chapter 321. It is a comparative fault state, meaning the fault of the drivers involved is compared. For instance, if one driver is speeding and the other fails to yield, the fault will be determined by a judge or jury, with a percentage placed upon each driver's fault. A driver found 51% or more at fault cannot recover any damages.
Common Ways to Prove Fault
1. Rear-End Collisions: Violations like failure to stop within an assured distance, failure to maintain control, or following too closely.
2. Failing to Yield: Accidents involving uncontrolled intersections, vehicles pulling in front of oncoming traffic, and more.
3. Traffic Control Devices: Failing to obey stop signs or red lights, resulting in collisions.
Truck Accident Evidence Preservation
Commercial trucking companies need to preserve hours of service records for six months, after which they may destroy them. A spoliation letter can prevent this. Evidence from truck driver records, such as medical records, cell phone records, qualification files, and driving history, can be crucial in a truck accident 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.