Ida Grove Truck Accident Injury Attorneys

The wide expanse of highways often witnesses trucking accidents causing major disturbances and severe injuries. In such tough times, trucking injury lawyers serve as reliable allies, offering support and advice to those affected. These attorneys specialize in the detailed realm of trucking laws and regulations.

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered to be a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle occurs, the injuries are often very serious. If you’ve been involved in an accident with a commercial vehicle in Iowa, here’s what you need to know about recovery and liability.

Who’s Liable for a Car Accident Caused by a Commercial Driver?

In most cases, one of two parties will be held liable when an accident involving a commercial vehicle occurs: the driver of the vehicle or the company that owns the truck.

Liability of the Trucking Company

If the driver of the truck is an employee of the trucking company, the company will usually be held liable under the legal doctrine of respondeat superior, which means that an employer is liable for the actions of its employees while they are acting within the scope of their employment.

Liability of the Independent Contractor

If the driver of the delivery truck is an independent contractor, then the driver may be held liable rather than the company that contracted him or her.

Liability of Other Parties

In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions. If a defective part on the truck caused the crash, the manufacturer of the truck (or a truck part), the shipper, or even the party responsible for loading the truck’s cargo may be held liable.

How to Prove Liability

If you’ve been in an accident that was caused by a commercial driver, then you will have to prove the negligence of the at-fault party. Examples of negligence may include:

- Failing to perform an inspection of or maintenance on the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failure to adhere to traffic laws

Negligence is essentially any time someone acts or fails to act reasonably, as compared to what another person in the same situation would. You will need to prepare yourself for the trucking company to investigate a commercial truck crash.

A Ida Grove Truck Accident and Commercial Vehicle Attorney Can Help

An accident involving a delivery vehicle can be very scary and cause long-lasting injuries to the victims involved. If you’ve been in an accident with a delivery truck or other commercial vehicle in Ida Grove, the attorneys at Walker, Billingsley & Bair can represent you.

I Was Injured in an Accident With a Semi Truck - What Are My Legal Options?

Semi-truck accidents are a serious matter, especially for motorists severely injured in crashes. Victims of large truck crashes have strong legal protections if they were not at fault in the accident. It's important that victims understand their rights and responsibilities when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

Many heavy truck crashes are caused by driver error, such as:

- Sleep deprivation
- Use of prescription or recreational drugs
- Speeding
- Inattention
- Distractions
- Work stress
- Unfamiliarity with the road

Mechanical problems account for many other crashes, including:

- Depowered front brakes
- Failing to replace tires
- Transmission failure

Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

A personal injury action, which may arise after an accident with a semi-truck, must prove:

1. A duty of care between the parties.
2. The defendant breached that duty of care.
3. The breach caused the injury to the claimant/plaintiff.
4. The claimant/plaintiff suffered damages.

These lawsuits typically hinge on whether a truck driver or other party acted negligently and failed to provide reasonable care to prevent injuries to others. Speeding and exceeding the hours-of-service limitations are examples of negligent behavior that may leave a party liable for injuries.

Iowa’s Comparative Fault Rule

Iowa is a modified comparative fault state. An accident victim must be less than 51 percent at fault in an accident to recover damages. However, the victim's damages are reduced by the individual's percentage of fault. For example, if the victim was 10 percent at fault and suffered $10,000 in damages, damages are reduced by $1,000.

Liable Parties and Challenges in Accident Cases

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern numerous aspects such as how long a driver can stay on the road without a break, mandatory drug testing for drivers, and load weight limitations. A violation of these rules may indicate negligence. If it caused or contributed to an accident, the party in violation can be liable.

A trucking company could be held liable if one of its drivers causes an accident. These companies are responsible for their drivers' actions, so if one of them caused your accident, the company may be liable in any resulting legal action.

Trucks often carry onboard devices that record driver actions while the truck is on the road. Companies maintain these records and other logbooks according to federal laws and company policies. If a victim thinks these records or other evidence in the truck company's possession could be relevant in a legal action, an attorney can send a spoliation letter to the company to preserve it. For this reason and others, contacting an attorney after a truck accident is often a good idea for accident victims.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations pertaining to various areas, including commercial truck maintenance. Every truck company is responsible for maintaining its big rigs.

Examples of FMCSA Truck Maintenance Regulations

The following are some of the federal regulations pertaining to the maintenance of large trucks:

- Recordkeeping of inspections, repairs, and maintenance performed.
- Correct any violations or defects noted on roadside inspection reports.
- Post-trip inspection report at the end of each driving time.
- Periodic inspections to take place at least once every 12 months.

FMCSA Regulations for Inspectors

Certain types of inspections require that those conducting them meet special qualifications. For instance, brake inspectors must have adequate training and experience. Truck companies must have evidence of the inspector’s qualifications, kept on file throughout employment and for an additional year after the employee leaves.

Although inspectors or others in charge of commercial truck maintenance could potentially be liable for injuries resulting from poor maintenance, ultimately the truck company is responsible. Therefore, if poor truck maintenance was the cause of an accident, the motor carrier company is likely to be named in a claim.

Important Equipment for Truck Safety

Certain types of equipment on a truck are especially important to keep properly maintained. In addition to brakes, it’s just as critical to keep in good condition:

- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

All inspection, repair, and maintenance records are required to be kept by the truck company at the vehicle’s garage location and for six months after the vehicle is sold, scrapped, or otherwise disposed of. If it’s believed that poor truck maintenance was the cause of a crash, a truck company can be considered negligent and liable for any injuries suffered as a result.

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.