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In the extensive network of highways, trucking accidents can cause substantial disturbances, frequently leading to severe injuries for those involved. In these challenging moments, trucking injury lawyers serve as unwavering supporters, providing support and direction to survivors. These legal professionals specialize in navigating the complex terrain of trucking laws and regulations.
When a Delivery Driver Causes a Commercial Truck Accident
Commercial truck accidents can result in severe injuries and complex legal scenarios. According to the Iowa Truck Information Guide by the Iowa Department of Transportation, a delivery truck is classified as a commercial vehicle. Understanding liability, proving negligence, and navigating the legal process are critical for those involved in such accidents. This article explores who is liable in these situations, how to prove liability, and the importance of legal representation in Iowa.
Liability in Commercial Truck Accidents
In accidents involving commercial vehicles, the primary parties that can be held liable are the driver and the trucking company. If the driver is an employee, the company is usually held liable under the doctrine of respondeat superior, which states that employers are responsible for their employees' actions during employment (Legal Information Institute, Cornell University Law School).
However, if the driver is an independent contractor, the driver may be held liable instead of the company. Liability can also extend to other parties, such as manufacturers or cargo loaders, especially if a defective part or improper loading caused the accident.
Special Case: Falling Cargo
Accidents caused by falling cargo from a truck, known as unsecured load accidents, are also grounds for filing a truck accident claim. Truck drivers and companies are responsible for securing cargo to prevent it from becoming a roadway hazard. If the cargo falls and causes an accident, liability may fall on the truck driver, the person who loaded the cargo, the trucking company, or even the manufacturer if a defect caused the cargo to become unsecured.
Proving Liability
To recover damages from a commercial vehicle accident, you must prove the at-fault party's negligence. Examples of negligence include:
- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Impaired or reckless driving
- Violating traffic laws
Negligence is defined as failing to act reasonably, which means not acting as a prudent person would under similar circumstances.
Investigative Process
After an accident, the trucking company will conduct an investigation to determine liability. This process can be complex and challenging, making it essential to have legal representation.
Benefits of Hiring a Car Accident Lawyer
Hiring a car accident lawyer offers several benefits:
1. No Up-Front Fees: Lawyers typically work on a contingency fee basis, meaning you pay only if they win your case.
2. Expertise and Resources: Lawyers manage all communications with insurance companies, obtain necessary medical records, and keep you informed.
3. Selective Case Acceptance: Reputable lawyers only take cases they believe they can win, ensuring dedicated effort towards your case.
Filing a Claim for Falling Cargo Accidents
Victims of accidents caused by falling cargo should seek legal counsel to file a truck accident claim. Lawyers can help establish liability, whether it involves the truck driver, the company, or a third party responsible for loading the cargo.
Time Limits and Legal Support
Iowa Code 614.1 provides two years to file a claim for damages, making it crucial to act promptly. Contacting an experienced law firm, such as Walker, Billingsley & Bair, can provide the necessary legal support to navigate these claims.
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.