Holstein Truck Accident Injury Attorneys

Trucking accidents on the extensive highway networks frequently cause significant disruptions, often leading to serious injuries. In such difficult circumstances, trucking injury attorneys serve as reliable supporters, offering survivors guidance and aid. These attorneys are experts in the intricate landscape of trucking laws and regulations.

Systems That Prove Fault in Iowa Car Accidents and How to Navigate Insurance Claims

Proving Fault in Iowa Car Accidents

Iowa adheres to the "rules of the road" as specified in Iowa Code Chapter 321, which delineates responsibilities such as yielding at intersections, stopping for disabled vehicles, and pedestrian right-of-way. Iowa's comparative fault system assesses the degree of fault among involved drivers, impacting their ability to recover damages. If a driver is found 51% or more at fault, they cannot recover any damages. If they are 50% or less at fault, their recoverable damages are reduced by their fault percentage.

Common Violations That Prove Fault

1. Failure to Stop Within Assured Distance, Failure to Maintain Control, and Following Too Closely
   - Assured Clear Distance Ahead: Drivers must not exceed a speed that allows them to stop within the visible, clear distance ahead.
   - Failure to Maintain Control: Drivers must control their vehicle and reduce speed at intersections or crossings.
   - Following Too Closely: Drivers must keep a reasonable distance from the vehicle ahead, considering speed, traffic, and road conditions.

2. Failing to Yield
   - Meeting and Turning to the Right: Vehicles must yield half the road space to oncoming vehicles.
   - Approaching or Entering an Intersection: The vehicle on the left must yield to the one on the right if both enter an intersection simultaneously.
   - Backing Onto a Highway: Drivers must yield when reversing onto a highway.
   - Slow-Moving Vehicles: Vehicles moving slower than traffic should stay in the right-hand lane or as close to the right curb as possible.
   - Driving on the Right Half of the Road: Exceptions include overtaking another vehicle, obstacles, and one-way traffic.
   - Entering Through Highways: Drivers must stop or yield at the entrance of a through highway and proceed cautiously.

3. Failing to Obey a Traffic Control Device
   - Traffic Signals: 
     - Green Light: Vehicles may proceed but must yield to pedestrians and other traffic.
     - Yellow Light: Vehicles must stop unless it is unsafe to do so.
     - Red Light: Vehicles must stop; they can turn right on red if allowed but must yield to other traffic.
     - Green Arrow: Vehicles may turn in the direction of the arrow but must yield to others.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

1. Know Your Facts and the Law

Understanding the specifics of Iowa laws and how they apply to your case is crucial. Insurance adjusters often employ tactics to minimize settlement amounts, including pretending to befriend you or discouraging you from hiring a lawyer. Being informed helps counteract these strategies.

2. You Do Not Have to Give a Recorded Statement

In most cases, you are not required to provide a recorded statement to the other party's insurance adjuster. Referring them to the police report and your medical records is usually sufficient. Exceptions include claims against your own insurance under UIM (Underinsured Motorist) or UM (Uninsured Motorist) policies.

3. Always Tell the Truth

Honesty is vital as insurance companies have access to extensive databases on prior claims. Misrepresenting your history can damage your case.

4. Ask About Insurance Coverage

Requesting information on the other party’s insurance coverage can be surprising to adjusters. While they might not disclose this information, it’s essential for assessing the compensation potential. Iowa's minimum coverage is $20,000 per person for personal injuries, so exploring additional coverage through your UIM policy might be necessary for serious injuries.

5. Avoid Making Threats

Threatening legal action is unlikely to intimidate experienced adjusters and can hinder your case. Maintaining composure and a professional demeanor is more effective.

6. Research Case Values

Knowing the value of similar cases in Iowa helps in negotiating a fair settlement. Researching past trial outcomes provides a benchmark for your expectations.

Truck Company Negligence for Poor Commercial Truck Maintenance

Poor Maintenance and Trucking Company Negligence

The Federal Motor Carrier Safety Administration (FMCSA) mandates regular maintenance for commercial trucks. Failures in maintenance can lead to severe accidents and hold trucking companies liable.

Types of Truck Equipment Problems

- Brake Failure: Worn brakes can lead to the inability to stop, causing collisions.
- Tire Issues: Blowouts and worn treads can result in loss of control.
- Lighting and Visibility: Inadequate lighting or malfunctioning windshield wipers can impair the driver's visibility.
- Trailer Issues: Improperly attached trailers can detach or swing uncontrollably.

Recoverable Damages in Truck Accident Claims

Victims can claim compensation for medical expenses, lost income, property damage, pain and suffering, disability, disfigurement, and emotional distress. Proving truck company negligence often requires a thorough investigation.

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.