• Hudson Truck Accident Injury Attorneys
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In the expansive domain of highway systems, trucking accidents can result in considerable upheaval, often leading to severe injuries for those affected. In such challenging moments, trucking injury lawyers act as steadfast advocates, offering support and direction to survivors. These attorneys excel in handling the complex field of trucking laws and regulations.

If you’ve been injured in an accident, whether it’s a car crash or a collision involving a semi-truck, you may be wondering if you need to hire a lawyer to help with your claim. In Iowa, understanding the legal process and your rights is essential to maximizing your compensation and protecting your interests.

Why Hire a Car Accident Lawyer?

Qualified car accident lawyers typically follow these practices to ensure their clients receive proper representation:

  1. No Upfront Fees: Reputable attorneys work on a contingency fee basis, meaning you don’t have to pay any money upfront. Instead, the lawyer only gets paid if they win your case. Their fee is usually a percentage of the settlement, ranging from:

    • 30% if the case settles;

    • 33.33% if it goes to court; and

    • Up to 40% if it is appealed.

  2. Focused Case Selection: Experienced attorneys only take cases where they believe they can make a significant difference in the amount of compensation you receive.

  3. Full-Service Representation: Your lawyer will handle all communication with insurance companies, obtain your medical records and bills, and keep you informed throughout the process. This level of dedication is key to achieving the best possible outcome for your case.

However, if a lawyer’s approach deviates from these principles, it could be a red flag. For example:

  • Some firms accept every case indiscriminately, potentially neglecting less profitable ones.

  • Others may cut corners by asking clients to gather their own medical records and bills, which raises concerns about their commitment to your case.

Injured in an Accident with a Semi-Truck?

Semi-truck accidents often result in severe injuries and complex legal challenges. Victims of these crashes should understand their rights and the steps necessary to pursue compensation.

Common Causes of Semi-Truck Accidents

Accidents involving large trucks can be caused by various factors, including:

  • Driver Error: Sleep deprivation, drug use, speeding, inattention, or unfamiliarity with the road.

  • Mechanical Issues: Failing to replace tires, depowered front brakes, and transmission failures.

  • Loading Problems: Improperly secured loads, uneven weight distribution, or manufacturing defects.

Establishing Negligence

To succeed in a personal injury claim, the victim must prove:

  1. The defendant owed a duty of care.

  2. The duty was breached.

  3. The breach caused the injury.

  4. The injury resulted in damages.

In Iowa, victims must be less than 51% at fault to recover damages. However, their compensation is reduced by their percentage of fault. For instance, if a victim is 10% at fault and suffers $10,000 in damages, they will receive $9,000.

Liable Parties and Evidence Preservation

Liability in truck accidents often extends beyond the driver to other parties, such as:

  • Trucking companies

  • Mechanics

  • Manufacturers

  • Loaders

Federal Motor Carrier Safety Administration (FMCSA) regulations govern many aspects of trucking operations, including hours of service, drug testing, and load weight limits. Violating these rules can be evidence of negligence.

Trucking companies maintain crucial records, such as logbooks and onboard device data. These records can provide evidence of negligence, but companies have the right to destroy certain records after a set period. To prevent this, an attorney can send a spoliation letter, requiring the company to preserve relevant evidence.

How a Spoliation Letter Protects Evidence

Preserving evidence is critical after a truck accident. A spoliation letter informs the trucking company of its obligation to retain specific records, such as:

  • Driver Records: Duty status logs, employment applications, driving records, and medical certificates.

  • Vehicle Maintenance Logs: Repair records, inspection reports, and other documentation related to the truck’s condition.

This letter prevents the company from destroying, altering, or erasing evidence. It also puts the company on notice that failure to comply may result in additional legal consequences. By acting quickly, an attorney can secure these records and build a strong case.

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.