- Granger Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Trucking accidents on the extensive highway networks frequently cause major disruptions, often leading to severe injuries. In such difficult times, trucking injury lawyers act as reliable allies, offering survivors support and advice. These attorneys specialize in the detailed landscape of trucking laws and regulations.
I Was Injured In an Accident With a Semi Truck - What Are My Legal Options?
Semi truck accidents are a serious matter, especially for motorists severely injured in crashes. Victims of large truck crashes have strong legal protections if they were not at fault in the accident. It's important that victims understand their rights and responsibilities when pursuing legal action against a trucking company.
Causes of Semi Truck Accidents
Many heavy truck crashes are caused by driver error—factors like sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems account for many of the other crashes. Depowered front brakes, failing to replace tires, and transmission failure are some common mechanical problems. Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.
Establishing Negligence in Truck Accident Cases
A personal injury action, which may arise after an accident with a semi truck, must prove:
1. A duty of care between the parties.
2. The defendant breached that duty of care.
3. The breach caused the injury to claimant/plaintiff.
4. The claimant/plaintiff suffered damages.
These lawsuits typically hinge on whether a truck driver or other party acted negligently and failed to provide reasonable care to prevent injuries to others. Speeding and exceeding the hours-of-service limitations are examples of negligent behavior that may leave a party liable for injuries.
Iowa is a modified comparative fault state. An accident victim must be less than 51 percent at fault in an accident to recover damages. But the victim's damages are reduced by the individual's percentage of fault—so if the victim was 10 percent at fault and suffered $10,000 in damages, damages are reduced by $1,000.
Liable Parties after the Crash and Challenges in Accident Cases
All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern numerous things like how long a driver can stay on the road without a break, mandatory drug testing for drivers, and load weight limitations. A violation of one of these rules may be a sign of negligence. If it caused or contributed to an accident, the party in violation can be liable.
A trucking company could be held liable in the event one of its drivers causes an accident. These companies are responsible for their drivers' actions, so if one of them caused your accident, it may be liable in any legal action that results from the incident.
Trucks often carry onboard devices that record driver actions while the truck is on the road. Companies maintain these records and other logbooks according to federal laws and company policies. If a victim thinks these records—or other evidence in the truck company's possession—could be relevant in a legal action, then an attorney can send a spoliation letter to the company to preserve it. For this reason and others, contacting an attorney after a truck accident is often a good idea for accident victims.
Why Hire a Car Accident Attorney?
If you or someone you care about has been injured in a car crash, then you have probably asked yourself, "why would I hire a car accident attorney"?
First of all, you do not need to hire an attorney for every car accident case. Here are some examples of when you may not need to:
1. If you only sustained property damage to your vehicle and the insurance company for the other driver has taken care of it.
2. Your injuries are minor and only required minimal medical treatment care and treatment. If you hire an attorney in a case like this, then you may be paying a portion of your settlement to the attorney for no good reason.
3. You are able to reach what you consider a fair settlement with the insurance company. However, keep in mind that you will want everything in writing, including who is paying for your outstanding medical bills, who is repaying your health and/or car insurance, etc.
With this being said, there are many cases where at the very minimum you should consult with an attorney before signing forms, giving a statement to the insurance adjuster, etc.
Examples of these cases are:
1. When you have been hospitalized for your injuries.
2. You required surgery to treat your injuries.
3. You have permanent injuries caused by the car crash.
4. When the other driver was under the influence of alcohol or drugs.
Why should you talk to a qualified car accident attorney in cases like this? Because you need to protect yourself and make sure you receive the compensation that you deserve.
Here are some common mistakes that we have seen people make who represented themselves:
1. Accepted an offer that was far too low and then found out that they had to pay back their health insurance from the money they received, leaving them with no compensation for their injuries.
2. Accepting the policy limits for the other driver without verifying by affidavit that this is the only coverage available and that the other driver does not have assets to attach. The only way to truly know how much coverage is available is to obtain the appropriate sworn affidavits from both the other driver and their insurance company. There have been too many times that we have heard, "we forgot about that $1,000,000 umbrella coverage that our insured had." That's right, if you don't do this properly, you could end up falling into this common insurance company trap.
3. Failing to contact their own insurance company to obtain compensation for UIM (underinsured motorist coverage). Keep in mind that there are specific steps that must be followed under the insurance contract, or you can end up with nothing from your UIM insurance company because you failed to follow the proper steps.
What Can a Qualified Iowa Car Accident Attorney Do for Me?
1. Make sure that your rights are protected under Iowa law.
2. Handle contact with all the insurance companies on your behalf so you don't have to worry about making a mistake or deal with the stress of talking to insurance adjusters.
3. Find all applicable insurance policies and try to make the best recovery possible for you.
4. Handle contact with subrogation companies, hospitals, and other medical providers to put the most money in your pocket after dealing with medical expenses.
5. Provide you with experienced advice about how much the case is worth and, if necessary, be your spokesperson in court.
This is just a short list of what an attorney can do for you and how an attorney can help you avoid mistakes and put more money in your pocket than trying this on your own. If you are wondering, "how do I find a qualified Iowa car accident attorney," then you should request a copy of our Iowa Car Accident book, which contains a chapter about how to find the right attorney for you and perhaps, more importantly, avoid the wrong one. Request Your Copy Here!
Semi Truck Accidents: Insurance Companies, Damages, Liability
No matter what type of Iowa truck accident you have experienced, you are likely dealing with significant medical bills and lost wages as a result. If this is the case, you'll want to know your options for seeking financial restitution. Your first step in this journey is to contact an Iowa truck accident lawyer.
Seeking Damages After an Iowa Semi Truck Accident
To fight for damages after an Iowa truck accident, you will have to file a truck accident claim with the responsible insurance company. Once this has been done, the insurance company will send an adjuster to evaluate your damages. Keep in mind that an adjuster works for the insurance company and generally will not have your best interests in mind.
Some of the insurance industry tricks that you must be careful of include:
1. An insurance adjuster who underestimates the value of your claim.
2. An insurance adjuster who delays an investigation in an attempt to frustrate you into accepting their settlement offer.
3. An insurer that uses its own medical professionals to downplay your personal injury or claim that you had a pre-existing condition.
If the insurer refuses to pay you what you deserve, then you may have to pursue compensation in an Iowa truck accident lawsuit. In an Iowa truck accident lawsuit, your lawyer can represent your interests in a formal court of law.
Determining Liability After an Iowa Truck Accident
In an Iowa truck accident lawsuit, you will have to prove that the defendant's negligence was the cause of your personal injuries. When doing so, you may be able to claim damages from several responsible parties.
These parties may include:
1. The driver of the truck.
2. The trucking or shipping company.
3. The safety director of the company.
4. The vehicle inspector.
5. The manufacturer of the truck.
An Iowa truck accident lawyer can investigate your case to determine liability and can represent your interests in an Iowa truck accident lawsuit. This way, you can focus on recovery instead of dealing with insurance adjusters and tedious settlement negotiations.
Large commercial trucks and tractor-trailers are heavy, difficult to maneuver, and obstructive of other drivers' views. Under any conditions, these tremendous vehicles are generally the most dangerous vehicles on the road. As a result of these dangers, an Iowa semi truck accident can have devastating consequences.
If you have been injured in an Iowa truck accident, you may be faced with medical bills, permanent disability, and lost wages. In any of these cases, you may be eligible for compensation. To file a claim, you can get the professional help of an Iowa truck accident attorney.
The 5 Most Common Types of Fatal Semi Truck Accidents
The five most common types of fatal truck accidents include:
1. Underride accidents - These accidents occur when smaller passenger vehicles drive underneath large commercial trucks.
2. Override accidents - This type of accident occurs when a larger commercial truck drives over a smaller vehicle, motorcycle, or pedestrian.
3. Jackknife accidents - This type of accident can occur when a semi suddenly hits its brakes, and the trailer folds into the truck.
4. Head-on collisions.
5. Rollovers.
While these are the five most common scenarios seen in an Iowa truck accident, a truck accident won't necessarily fall within these categories.
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.