Greenfield Truck Accident Injury Attorneys

The wide network of highways often witnesses trucking accidents causing substantial disruptions and serious injuries. In such challenging times, trucking injury lawyers offer dependable support, providing guidance and assistance to those affected. These legal experts navigate the intricate landscape of trucking laws and regulations.

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

Filing a truck accident claim when your vehicle is struck by falling cargo rather than the truck itself is possible and legally justified. This type of incident is known as an unsecured load, and it's a scenario many truck accident lawyers are unfortunately familiar with. In such cases, the cargo—whether it's pipes, logs, boxes, or other items—was not properly secured, leading to it falling onto the roadway and causing hazards.

Filing a Truck Accident Claim

Even if a truck doesn't physically collide with your vehicle, you can still file a truck accident claim if falling cargo caused damage or injury. Truck drivers and companies are responsible for securing cargo to prevent it from becoming a danger to others. Additionally, truck drivers must operate their vehicles safely to ensure that cargo remains secure.

To file a claim, the driver must have suffered damages or injuries caused by the falling cargo. Simply witnessing the cargo fall does not qualify for a claim. Consulting with a lawyer from an Iowa law firm, such as those in Greenfield, can clarify whether you have a valid claim.

Determining Accident Liability

Determining liability is crucial in these claims. If the truck driver loaded the cargo, they might be responsible. If another employee of the trucking or shipping company loaded the cargo, that individual could also bear responsibility. 

When the truck driver is hauling cargo for a company, the company might be liable under "respondeat superior," a legal doctrine holding employers responsible for employees' actions performed within their job scope. Proving negligence on the part of the truck driver or another employee is essential to hold the company liable. If a third party loaded the cargo, they could also be held liable.

In cases involving product defects—where properly loaded cargo spills due to a defect in the trailer—the manufacturer of the trailer could be held liable. Multiple parties, including the trucking company and other entities, could be responsible for damages in cargo-related accidents. An Iowa law firm can help establish accident liability by reviewing the case facts.

What Types of Records Do I Need to Obtain as Evidence for My Iowa Truck Accident Claim?

When filing an injury claim, your Iowa truck accident lawyer will need to gather various records to use as evidence. While you can collect some documentation on your own, an attorney may need to help obtain information on the driver and the trucking company.

Police Report

The police report from your collision is crucial. It describes the accident scene and contains the officer's opinion on fault, including whether the other driver was impaired.

Medical Records

Establishing your injuries and the actual expenses and estimated future treatment costs is essential. Medical expenses often constitute a large portion of the compensation sought, so providing adequate evidence is important.

Truck Driver’s Driving Records

If the truck driver has a pattern of reckless driving, it can strengthen your case. Your lawyer can use this information to show the trucking company’s negligence in allowing the driver to continue operating despite a history of reckless behavior.

What Are the Truck Regulations or Laws for Truck Drivers in Iowa?

Truck drivers in Iowa must adhere to various regulations and laws, some of which are specific to the state and others enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations can be critical in an injury case if the driver violated any laws.

Iowa Laws for Truck Drivers

- Texting and Hand-Held Phone Use: All drivers, including truck operators, are banned from texting while driving. Using a hand-held phone is also prohibited.
- Accident Reporting: An accident report must be filed if property damage totals $1,500 or more, if anyone is injured, or if there is a fatality.
- Hazardous Materials: Trucks transporting hazardous materials must have appropriate placards. In an accident involving such materials, various state agencies, including local law enforcement and the Iowa Department of Natural Resources, must be notified.

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.