Fort Madison Truck Accident Injury Attorneys

Across the wide-reaching world of highway systems, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic scenarios, trucking injury lawyers act as firm advocates, providing guidance and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.

Can I File a Truck Accident Claim if My Vehicle Was Struck by Falling Cargo?

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. Truck drivers and companies have a responsibility to secure cargo properly to prevent injuries. Additionally, they must drive safely to avoid cargo falling off the trailer and endangering other vehicles.

To file a claim, the driver must have suffered damages or injuries due to the falling cargo. Simply witnessing cargo falling does not warrant a claim. Consulting with a lawyer can help determine if a claim is valid.

Determining Accident Liability

Determining liability is crucial in a truck accident claim. If the truck driver loaded the cargo, they might be held responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, they might share responsibility.

Under the principle of respondeat superior, a trucking company can be liable for injuries caused by its employees during their employment. To hold the company liable, the victim must prove that the truck driver or another employee was negligent. If a third party loaded the cargo, they might also be found liable.

Additionally, if the cargo was securely loaded but a defect in the trailer caused the spill, the manufacturer of the trailer could be held liable.

Why Hire a Car Accident Attorney?

When You Might Not Need an Attorney

You may not need to hire an attorney for every car accident case. Examples include:
1. Property damage cases where the insurance company resolves the issue.
2. Minor injuries requiring minimal medical treatment.
3. Reaching a fair settlement with the insurance company.

However, there are situations where consulting with an attorney is advisable before signing forms or speaking with an insurance adjuster.

When to Consult an Attorney

Consider consulting an attorney if:
1. You have been hospitalized for your injuries.
2. Surgery was required to treat your injuries.
3. You have permanent injuries.
4. The other driver was under the influence of alcohol or drugs.

A qualified attorney can protect your rights and ensure you receive deserved compensation. 

Common Mistakes in Self-Representation

1. Accepting an offer that is too low and finding out later that health insurance needs to be repaid from the settlement.
2. Accepting policy limits without verifying additional coverage or assets.
3. Failing to contact your own insurance company for underinsured motorist coverage.

Benefits of Hiring a Car Accident Attorney

A qualified attorney can:
1. Protect your rights under Iowa law.
2. Handle contact with all insurance companies.
3. Identify all applicable insurance policies for maximum recovery.
4. Manage contact with subrogation companies, hospitals, and medical providers.
5. Provide experienced advice on case value and representation in court if necessary.

Systems That Prove Fault in Iowa Car Accidents

Overview of Iowa’s Comparative Fault System

Iowa follows comparative fault rules, detailed in Iowa Code Chapter 321. This means the fault of each driver in a car accident is compared. A driver found to be 51% or more at fault cannot recover damages, while a driver found 50% or less at fault can recover reduced damages based on their fault percentage.

Common Ways to Prove Fault
1. Failure to Stop Within Assured Distance

Violations like rear-ending another vehicle often involve:
- Assured Clear Distance Ahead: Drivers must stop within a distance where they can see and anticipate objects on the highway.
- Failure to Maintain Control: Drivers must control their vehicles and reduce speed when necessary.
- Following Too Closely: Drivers must maintain a reasonable following distance based on speed, traffic, and road conditions.

2. Failing to Yield

This involves:
- Uncontrolled Intersections: Yielding to vehicles on the right.
- Entering Highways: Stopping or yielding before entering through highways.
- Meeting and Turning: Yielding half the road by turning right.
- Backing Onto a Highway: Yielding to approaching vehicles when reversing.

3. Failing to Obey Traffic Control Devices

Violations include:
- Stoplights: Complying with green, yellow, and red signals.
- Making Left Turns Across Traffic: Yielding to oncoming vehicles.

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.