Greenfield Truck Accident Injury Attorneys

Truck accidents create some of the most complicated injury claims a Greenfield resident can face. Sometimes the truck itself never even makes contact with the other vehicle, and instead falling cargo causes the crash. Other times, the injured party is the truck driver themselves, working for an Iowa trucking company but hurt while hauling a load out of state. In either situation, dealing with the insurance company that follows can be just as challenging as the accident itself. Understanding how these claims work is an important step for any Greenfield resident affected by a truck accident.

Filing a Greenfield Truck Accident Claim for Falling Cargo

Drivers struck by falling cargo from a large truck can still file a truck accident claim. This is called an unsecured load, and unfortunately, most truck accident attorneys are very familiar with this situation. Many times cargo is secured inside a tractor trailer, but sometimes cargo such as pipes, logs, and boxes is exposed. If that cargo is not properly secured, it can enter the roadway and create a very dangerous hazard for Greenfield drivers.

You Can File a Claim Even Without a Direct Collision

Even if the truck itself does not physically crash into another vehicle, a Greenfield victim of an accident caused by falling cargo can still file a truck accident claim. This is because truck drivers and companies have a responsibility to keep cargo secure so that others are not injured, and truck drivers also have a duty to drive in a manner that prevents cargo from falling off the trailer and into the path of other vehicles. To file a claim, a driver must have suffered damages or injuries caused by the falling cargo. Simply witnessing cargo fall off a trailer does not, on its own, create a valid claim.

Determining Who Is Liable

Determining liability is the most important part of this type of claim. If the truck driver loaded the cargo personally, that driver may be held responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, that employee may bear responsibility instead.

If the driver is hauling cargo for a trucking or shipping company, the company itself may be liable under a legal principle called respondeat superior, which holds the company responsible for injuries or harmful acts caused by employees during the course of employment. To hold the company liable, a Greenfield victim must be able to show that the truck driver or another employee of the company was negligent. If a third party loaded the cargo, that party may also be found to hold liability for the accident.

Product defects are another factor to consider. If the cargo was securely loaded but a defect with the trailer allowed the cargo to come loose and spill onto the roadway, the manufacturer of the trailer could hold liability. In many cargo-related truck accident claims, multiple parties, including the trucking company and other companies, could be held responsible for the resulting damages.

Iowa Truck Drivers Hurt Out of State

Iowa is home to more than 20 trucking companies that hire employees from all over the United States and operate in most states. For a Greenfield truck driver, whether Iowa has jurisdiction over an injury that happens outside of Iowa depends on the agreement between the employer and the driver, along with several other factors, including where the driver was physically located when hired and how often the driver works from Iowa.

Determining Iowa Jurisdiction for an Out of State Injury

Iowa Code Section 85.71 determines whether a workers' compensation case for a Greenfield truck driver can be successfully brought in Iowa. A few of the key factors considered include whether the driver was injured in Iowa while working, whether the employer has a place of business in Iowa where the driver works under a contract stating that Iowa law governs workers' compensation claims, and whether the driver regularly works in Iowa.

Another factor is whether the employer has a place of business in Iowa and the driver regularly works at or from that location, even without a signed contract stating Iowa has jurisdiction. Iowa's Workers' Compensation Commissioner has clarified that regularly working from an Iowa terminal does not require spending a majority of time in the state, but rather that it is usual or customary for the driver to work out of the Iowa terminal as a home base, picking up loads in Iowa or transporting loads within or through the state.

Whether the contract of hire was made in Iowa also matters, meaning where the driver was physically located when accepting the job offer. If a Greenfield driver was in Iowa when accepting employment and regularly works in Iowa, jurisdiction is more likely to apply. If the driver accepted the job offer while physically located in another state, Iowa is less likely to have jurisdiction under this section of the law. Jurisdiction can also apply if the contract of hire was made in Iowa and the driver has no remedy under the workers' compensation laws of another state, which sometimes occurs in states where the state itself acts as the insurance provider and the employer did not pay into that system.

Why Jurisdiction Matters So Much

Subject matter jurisdiction is critically important because an employer can raise the issue at any time, including after a trial has concluded and the case is on appeal. If the courts determine that Iowa does not have jurisdiction, and a Greenfield truck driver has not timely filed a workers' compensation claim in another state that does have jurisdiction, the driver could be left with no compensation for the injury at all. This is true even if the employer initially treats the case as an Iowa claim, since the employer can later take a different position.

Because these cases can be complicated, and some states allow as little as one year to file a petition for benefits, it is important for an injured Greenfield truck driver to work with an attorney experienced in Iowa jurisdiction laws who also has a network of contacts in other states to assist when necessary.

Can Greenfield Residents Trust the Insurance Company?

In Iowa alone, there are more than 100 insurance companies selling policies, ranging from personal injury coverage to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean an insurance company is going to look out for the policyholder. Some Greenfield residents assume that if they are injured, their own insurance company will pursue the at-fault party on their behalf, which is not true. While an insurance company will try to recover what it paid for property damage, it is highly unlikely to pursue a claim for personal injuries.

When a Greenfield truck accident victim is dealing with another insurance company, whether that is the insurer for the truck driver or the trucking company, a few important truths should be kept in mind. The insurance company is not representing the injured person or their best interests. It is not required to tell the injured person the truth. Insurance companies are in the business of making the most profit possible, which means paying out as little as possible on claims, and even a friendly adjuster is not looking out for the injured person's best interests.

Tips for Dealing With Insurance Companies

Greenfield residents who want to learn more about their rights and responsibilities under Iowa law can request a copy of one of the firm's free informational books.