Le Claire Truck Accident Injury Attorneys

 In the broad expanse of highway networks, trucking accidents can lead to significant disruption, often resulting in severe injuries for those affected. In such trying circumstances, trucking injury lawyers serve as reliable supporters, offering guidance and support to survivors. These attorneys are experts in the intricate field of trucking laws and regulations.

When filing an injury claim, your Iowa truck accident lawyer will need to gather certain types of records to use as evidence in your accident case. While you may be able to collect some documentation on your own, an attorney may need to help you pull information on the driver and the trucking company.

Police Report

The police report filed after your collision is crucial evidence in an accident case. A police report not only describes the accident scene but also contains the officer’s opinion on who (or what) was at fault for the crash. If the other driver was impaired, this should be in the report as well.

Medical Records

In order to recover compensation for your injury claim, you have to establish your injuries as well as the actual expenses and estimated costs for any future treatment or therapy that may be required. As medical expenses often comprise a large portion of the compensation sought in an accident claim, providing adequate evidence is very important.

Truck Driver’s Driving Records

If there is a pattern of reckless driving on behalf of the truck driver, it may only help your case. Your truck accident lawyer can show that the trucking company was at fault by allowing him or her to continue driving despite a pattern of reckless behavior.

Can I File a Truck Accident Claim if My Vehicle Was Struck by Falling Cargo and Not the Truck Itself?

Drivers struck by falling cargo from a large truck can file a truck accident claim. This is called an unsecured load, and unfortunately, most truck accident lawyers are very familiar with this situation. Many times, the cargo is secured inside a tractor-trailer, but sometimes the cargo is not enclosed in a trailer.

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. This is because truck drivers and companies have a responsibility to keep cargo secure so that others are not injured. Additionally, truck drivers have a duty to drive safely to prevent cargo from falling off the trailer and into the path of other vehicles.

A driver must suffer damages or injuries caused by the falling cargo in order to file a claim. Simply witnessing the act of cargo falling off a trailer does not warrant a claim. A lawyer with an Iowa law firm in Le Claire can answer any questions about whether a client has a valid claim.

Determining Accident Liability

Determining liability is the most important part of a claim. If the truck driver was the one who loaded the cargo, then he or she may be held responsible for causing the accident. If another employee of the trucking or shipping company loaded the cargo, then he or she may bear some responsibility.

If the driver is hauling cargo for a trucking or shipping company, then the truck company may be liable under a law called respondeat superior. This means that the company bears liability for any injuries or harmful acts caused by employees during the course of their employment. In order to hold the company liable, the victim must prove that the truck driver or another employee of the trucking company was negligent. If a third party loaded the cargo, that party may be found to hold accident liability.

Another thing to consider is product defects. If the truck driver or others securely loaded the cargo but a defect with the trailer led to the cargo coming loose and spilling onto the roadway, the manufacturer of the trailer could hold accident liability.

Multiple parties could be at fault for cargo-related accidents and injuries in a truck accident claim. Sometimes the trucking company and other companies could be held liable for damages. An Iowa law firm in Le Claire can review the facts in a case and help establish accident liability.

When a Delivery Driver Causes a Commercial Truck Accident

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered 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 the majority of 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.

If the driver of the truck is an employee of the trucking company, then 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 under employ, according to the Legal Information Institute of Cornell University Law School.

If the driver of the delivery truck is an independent contractor, though, then the driver may be held liable rather than the company that contracted him or her. 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, for example, 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 Le Claire 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 Le Claire, the attorneys at Walker, Billingsley & Bair can represent you.

Iowa Code 614.1 provides you two years to file a claim for damages, so it’s important that you call us as soon as possible. Reach our offices now at (888) 435-9886 or fill out the contact form.

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.