- Lenox Truck Accident Injury Attorneys
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1. Trucking accidents on vast highway networks can cause major disruptions, frequently leading to severe injuries for those involved. In these challenging times, trucking injury lawyers are dependable allies, providing guidance and support to survivors. These attorneys specialize in the complex realm of trucking laws and regulations.
Systems That Prove Fault In Iowa Car Accidents
In Iowa, proving fault in a car accident involves understanding the rules of the road as stated in Iowa Code Chapter 321 – Motor Vehicles and Law of the Road. These rules cover various scenarios such as yielding at intersections, responsibility for striking a disabled car, and duty to yield to pedestrians. Iowa operates under a comparative fault system, meaning the fault of each driver involved in the accident is compared. If a driver is found to be 51% or more at fault, they are not allowed to recover any damages. If found 50% or less at fault, their recoverable damages are reduced by their percentage of fault. Below are common methods to prove fault in Iowa car accidents.
Common Ways to Prove Fault in a Car Accident
1. Failure to Stop Within Assured Distance, Maintain Control, or Follow Too Closely
These violations often occur in rear-end collisions. Specific violations under Iowa law include:
- Assured Clear Distance Ahead: Drivers must not drive faster than they can stop within the visible distance ahead.
- Failure to Maintain Control: Drivers must maintain control of their vehicle and reduce speed when approaching intersections.
- Following Too Closely: Drivers must not follow another vehicle more closely than is reasonable based on speed, traffic, and road conditions.
2. Failing to Yield
This can involve various scenarios including uncontrolled intersections, vehicles pulling into oncoming traffic, and collisions during passing. Iowa law specifies several yielding requirements:
- Meeting and Turning to the Right: Vehicles must yield half of the road by turning to the right when meeting another vehicle.
- Approaching or Entering an Intersection: At intersections without traffic control devices, the vehicle on the left must yield to the vehicle on the right if both enter at the same time.
- Backing Onto a Highway: Vehicles must not reverse onto a highway unless it can be done safely and must yield to approaching vehicles.
- Slow Moving Vehicles: Vehicles traveling below the normal speed must stay in the right-hand lane or as close as possible to the right edge of the road, except when passing or preparing for a left turn.
- Driving on the Right Half of the Road: Vehicles must drive on the right half of the road except when overtaking another vehicle, avoiding an obstruction, or on a one-way street.
- Entering Through Highways: Vehicles must stop or yield before entering a through highway and only proceed when safe.
3. Failing to Obey a Traffic Control Device
This typically involves failing to stop at stop signs or red lights. Iowa law covers:
- Green Light: Vehicles may go straight, turn right, or turn left unless prohibited but must yield to others in the intersection.
- Yellow Light: Vehicles should stop if possible but may proceed cautiously if stopping isn't safe.
- Red Light: Vehicles must stop and remain stopped until the signal changes unless turning right on red where permitted.
- Green Arrow: Vehicles may cautiously proceed in the direction of the arrow but must yield to others in the intersection.
- Left Turn Across Traffic: Drivers turning left must yield to oncoming traffic that is close enough to pose an immediate danger.
Unsecured Load in Truck Accidents
Drivers struck by falling cargo from a large truck can file a truck accident claim, known as an unsecured load claim. Truck drivers and companies are responsible for securing cargo to prevent it from falling and causing accidents. Even if the truck itself does not collide with another vehicle, victims of accidents caused by falling cargo can file a claim.
Filing a Truck Accident Claim
Victims need to prove they suffered damages or injuries caused by the falling cargo. Truck drivers and companies have a duty to secure cargo and drive safely to prevent such incidents.
Determining Accident Liability
Liability may fall on the truck driver if they loaded the cargo, the trucking company, or a third party who loaded the cargo. Additionally, defects in the trailer could lead to liability for the manufacturer. Multiple parties could be at fault, and an Iowa law firm can help establish liability and pursue compensation.
Truck Company Negligence for Poor Commercial Truck Maintenance
Truck accidents can result from poor maintenance, making the trucking company liable. The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial vehicle maintenance. When maintenance failures cause an accident, the truck company can be considered negligent.
Types of Equipment Problems
- Brake Failure: Can prevent the truck from stopping, leading to collisions.
- Tire Issues: Blowouts and worn treads can cause accidents.
- Lighting and Visibility Issues: Non-functioning lights and wipers can impair the driver’s visibility.
- Trailer Problems: Improperly attached trailers can swing out of control or detach.
Recoverable Damages
Victims can seek compensation for:
- Medical Expenses: Ambulance, hospitalization, follow-up visits, medication, and physical therapy.
- Lost Income: Due to recovery time or disability.
- Property Damage: Repair or replacement of the vehicle.
- Physical and Emotional Losses: Pain and suffering, disability, disfigurement, reduced quality of life, and mental anguish.
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.