Guthrie Center Truck Accident Injury Attorneys

The wide network of highways often witnesses trucking accidents causing major disturbances and severe injuries. In such challenging times, trucking injury lawyers offer dependable support, providing survivors with guidance and assistance. These legal experts navigate the intricate field of trucking laws and regulations.

Systems That Prove Fault in Iowa Car Accidents and Legal Options for Truck Accident Victims

The Rules of the Road

In Iowa, the rules of the road, as detailed in Iowa Code Chapter 321, are essential for determining fault in car accidents. These rules cover various situations, including yielding at intersections, responsibilities when striking a disabled car, and duties towards pedestrians. Iowa follows a comparative fault system, meaning the fault of each driver involved in an accident is compared. If a driver is found to be 51% or more at fault, they cannot recover any damages. If the driver is 50% or less at fault, their recoverable damages are reduced by their percentage of fault.

Common Ways to Prove Fault

1. Failure to Stop Within an Assured Distance, Maintain Control, and Following Too Closely
   - Assured Clear Distance Ahead: Drivers must not exceed speeds that prevent stopping within the visible clear distance ahead.
   - Failure to Maintain Control: Drivers must control their vehicles and reduce speed when approaching intersections.
   - Following Too Closely: Drivers must maintain a reasonable distance considering speed, traffic, and road conditions.

2. Failing to Yield
   - Meeting and Turning Right: Vehicles meeting on a road must yield half the road by turning right.
   - Approaching or Entering Intersections: At intersections, the vehicle on the left must yield to the vehicle on the right if they enter simultaneously.
   - Backing Onto a Highway: Drivers must ensure safety when reversing and yield to approaching vehicles.
   - Slow-Moving Vehicles: These must stay in the right-hand lane or as close to the right edge as possible unless overtaking or turning left.
   - Driving on the Right Half of the Road: Drivers must stay on the right half of the road unless overtaking, dealing with obstructions, or on roads with specific lane rules.
   - Entering Through Highways: Drivers must stop or yield at the entrance of through highways and proceed cautiously.

3. Failing to Obey Traffic Control Devices
   - Traffic Signals: Drivers must follow the rules for green, yellow, and red lights, yielding to other vehicles and pedestrians as required.
   - Left Turns: Drivers turning left must yield to oncoming traffic.

Legal Options After Truck Accidents

Preservation of Evidence

Commercial trucking companies are required to preserve hours of service records for six months and driver qualification records for the duration of employment plus three years. Sending a spoliation letter can prevent the destruction of these and other relevant records.

Types of Evidence in Truck Accident Claims

- Medical Records: Indicate whether the driver was fit to drive.
- Cell Phone Records: Show if the driver was using a phone during the accident.
- Qualification Files: Verify if the driver was qualified.
- Employment and Driving History: Include driving violations and employment details.
- Black Box Data: Logs driving hours and potential fatigue issues.

Establishing Negligence

To succeed in a personal injury action after a truck accident, the claimant must prove:
- A duty of care existed.
- The defendant breached that duty.
- The breach caused the injury.
- The claimant suffered damages.

Iowa's modified comparative fault system allows recovery of damages if the victim is less than 51% at fault, with damages reduced by their percentage of fault.

Liable Parties

Liability can extend to multiple parties, including trucking companies, mechanics, manufacturers, and loaders. Violations of Federal Motor Carrier Safety Administration (FMCSA) regulations, such as exceeding hours-of-service limits, can indicate negligence.

Immediate Steps After a Truck Accident

Contacting an attorney immediately after a truck accident is crucial. An attorney can send a spoliation letter to preserve evidence and ensure that the trucking company does not destroy crucial records. They can also help victims preserve medical bills and receipts for vehicle repair and replacement costs.

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.