Monona Truck Accident Injury Attorneys

Across the extensive highway networks, trucking accidents can cause substantial interruptions and serious injuries. In these trying situations, trucking injury attorneys act as dependable supporters, providing survivors with guidance and support. They are specialists in the intricate aspects of trucking laws and regulations.

How Should I Deal With the Insurance Adjuster in a Motor Vehicle or Other Injury Case?

Like most Iowans, you have likely had a claim against an insurance company for a property damage claim such as hail damage, a leaking roof, etc. You may have received a call or visit from the insurance adjuster to discuss your claim. If you have to deal with an insurance adjuster in the future, here are some tips that may help your matter go better:

Anything You Tell the Adjuster Will Be Used in Your Case

First of all, anything you say can and may be used against you by the insurance company and their lawyers. Therefore, no matter what, tell the truth. Even a small lie can ruin your credibility. The best policy is to always tell the truth. If you don't know an answer, tell them you don't know. Making up or guessing at an answer can only hurt your case.

Secondly, you should document your damages by keeping documents which may not seem important at the time but later may become important. Also, you should keep a diary or journal of who you speak to and when you speak to them. Your diary or journal will help you prove the extent of your damages and can mean a higher evaluation of your claim. Use your journal to keep track of your medical appointments so that you can provide the information to the insurance company.

Your Case is Different if You Have Serious Injuries

If you sustained injuries in a car or truck accident or other personal injury case, you should keep the following things in mind when dealing with a claim against an insurance company:

- Track Missed Work: If you miss work, keep track of the time you miss. This includes keeping doctors' excuses for missed work and keeping track of time you miss work for doctors' appointments.
- Retain Medical Bills: Keep any medical bills or explanation of benefits forms that you receive from your health insurance company. The medical records from your visits to your doctor, physical therapist, or other medical providers are crucial. They include your description of how you were injured, your physical complaints, your injuries, the doctor's examination findings, and the treatment you received. The insurance company will base its offer to you on this critical information.
- Communicate with Your Doctor: See your doctor regularly if you are still having pain or other problems. Failing to see a physician regularly is considered evidence that you have fully recovered by the insurance company and, eventually, perhaps to a judge or jury. If your doctor says "follow-up as needed," that means to come back in a few weeks if you are still having problems. If you do not follow-up, then in the eyes of the doctor, insurance company, and perhaps even a jury, you are no longer having problems and have made a full recovery.

A Personal Injury Attorney May Be Able to Help

Insurance adjusters are trained to use words and techniques to try to settle your case and close your file. They do this for a living, all day, every day. When dealing with an insurance adjuster, you need to be smart and watch what you say because it could later be used against you. Insurance companies have professionals working for them, so you should consider having a professional on your side - a personal injury attorney with experience in handling car, truck, and other injury accidents.

Often after a motor vehicle or other accident, an adjuster will offer a few thousand dollars in the hope that you will take the offer and settle the claim quickly. If you accept the settlement and sign the release forms, then it is very difficult to change your mind later. While you can often handle a property damage-only claim on your own, when it comes to a car accident, truck accident, or other injury accident, you may need the expertise of a personal injury attorney.

You Can Recoup Costs of Back Fusion Surgery from an At-Fault Driver

A car crash can lead to slipped discs and other back injuries, and sometimes these injuries require back fusion surgery. Back fusion surgery is a procedure that can result in major medical bills, but drivers have legal options to recoup damages if they weren't at fault for the accident that necessitated the surgery.

Common Car Accident Injuries Requiring Back Surgery

Bulging and herniated discs are common back injuries after car accidents. The spine consists of vertebra and discs that help increase flexibility. These discs are made of a harder outer shell (capsule) and softer inner cushion (nucleus). With bulging discs, the inner nucleus pushes against the capsule and causes a bulge. Herniated discs occur when the softer nucleus spills out of a tear in the capsule. Patients experience pain because the discs push against the nerves in the spinal cord. The pain is usually treated with rest, physical therapy, and medication, but if these treatments don't work, doctors might recommend back surgery.

Spinal compression fractures are another back injury car accident victims might suffer. In some cases, a compression fracture might result in loss of spine height. Back pain and pain in the rest of the body can result from the actual injury and from the vertebrae pushing against the spinal cord. Surgery is common after spinal compression fractures.

Back Fusion Surgery Overview

During a car accident, discs can slip from position, begin to bulge, and even rupture. This puts pressure on the nerves in the spinal column, which can result in pain in the back, legs, and other areas of the body. Doctors may perform a discectomy to remove the disc (or part of it) and may perform back fusion surgery as well. During the surgery, doctors remove the damaged discs and fuse the adjacent vertebrae using a bone graft from the patient or a donor. Often the surgeon uses screws or plates to hold the fusion in place until the bones completely join.

It can take several months to recover from this procedure. Immediately after the surgery, the patient may have to avoid any strenuous activity. The patient must learn how to properly sit, stand, walk, etc. to avoid forcing the vertebra out of alignment. Patients may have to wear a brace as well and attend physical therapy sessions to learn proper ways to lift objects and perform other activities.

Proving a Car Accident Necessitated Back Fusion Surgery

To win a car accident case, plaintiffs need to prove the other driver was negligent, caused the accident, and that the negligence caused their injuries. Negligence generally means failing to use reasonable care to prevent harm to others, so violating a traffic law, driving while distracted, or other reckless or careless behavior may be negligent and the cause of an accident. 

Plaintiffs may need to prove that their back injury was not the result of a pre-existing condition before their accident. Doctors use x-rays, CT scans, and MRI scans to reveal disc degeneration and back problems. If the plaintiffs had these tests before the accident and the results were fine, that can show the back condition was the result of the accident. Other evidence may include expert testimony.

Establishing Damages and Recovering Costs

Accident victims can face a host of damages following a car accident. Among them are damages related to a spinal fusion. The costs can be significant and patients may require hospitalization after a serious back injury. Further, recovery from the surgery may necessitate time away from work. Medical records and bills, as well as evidence of lost wages, can help establish the extent of damages so accident victims can recover their costs and losses. Note that your health insurance may provide coverage while waiting for your settlement, and it may place a lien on any settlement or judgment to recoup its costs.

Accident victims in Monona can consult Walker, Billingsley & Bair about their rights to recoup damages related to spinal fusion or other medical costs necessitated by a car accident. Call (888) 435-9886 or visit our online contact page to set up a consultation.

Hurt As A Passenger In A Car Accident?

A large number of Iowa car accident injuries occur to passengers, and they aren’t always sure what compensation they deserve. The driver of the vehicle they were riding in, another driver, or in some cases multiple drivers could be at fault. There are some special considerations in these cases that are different from your normal Iowa car accident cases.

Know Your Rights

Assuming that you were not negligent as a passenger (for example you did not cause the accident by grabbing the steering wheel) then you should be assessed no fault, unless you were not wearing a seatbelt, which can reduce your compensation.

Depending upon the nature and severity of your injuries there may not be enough car insurance available under the at-fault driver's policy to cover your injuries. Iowa law only requires a minimum of $20,000 per person and $40,000 per car accident in insurance coverage. This means if the at-fault driver only has the minimum policy limits, which unfortunately is quite common, then you will need to look at other insurance policies to compensate you for your injuries if they are severe enough.

If your injuries only require a few doctors’ visits and are not permanent, then there may be enough insurance coverage. However, if you sustained more serious injuries such as broken bones, required surgery, etc., then you will want to look at every possible source to recover compensation.

Where To Recover Compensation

You were a passenger in the at fault driver’s car:
If the driver of the vehicle you were riding in is at fault and does not have enough insurance to cover your injuries, then you will want to look at your own car insurance policy. Iowa law requires that insurance companies offer you UIM (underinsured motorist coverage), which protects you if the at-fault driver does not have enough insurance coverage.

Often our clients are worried about what will happen if

 they use their own insurance. There is a misconception that their rates will increase if they use their insurance. However, this is not true as Iowa law provides that insurance companies cannot raise your rates for making a UIM claim.

You were a passenger in another car:
If you were a passenger in another vehicle that was struck by another driver, then you can first look to the other driver's insurance. In addition, you can look at the driver of the car you were in to determine if they were at fault. If neither driver has enough insurance, then you can look at your own car insurance policy as mentioned above.

You were in an Uber or Lyft vehicle:
If you were a passenger in an Uber or Lyft vehicle then you have even more potential insurance coverage as both Uber and Lyft provide their drivers with $1,000,000 in liability coverage. If you sustained serious injuries and were a passenger in an Uber or Lyft vehicle, then contact us right away to discuss your case.

As you can see, being a passenger in a car accident involves many issues and possible sources of insurance coverage. We offer a book "Iowa Car Accident Guide: 8 Things You Should Know If You Have Been in a Car Accident" at no cost or risk to you. 

If you want to learn more, contact Walker, Billingsley & Bair for a free consultation. Call (888) 435-9886 or visit our online contact page.

Can I File a Truck Accident Claim if My Vehicle Was Struck from 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.

The cargo, such as pipes, logs, and boxes, may be exposed. If the cargo is not secure, then it can enter the roadway creating a very dangerous hazard. An Iowa law firm in Monona can help victims of accidents caused by this loose cargo establish accident liability and recover compensation for damages.

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. In addition, truck drivers have a duty to drive safely. This means driving in a manner so that cargo does not fall 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 Monona 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 be able to 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.

In addition, 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 Monona can review the facts in a case and help establish accident liability.

What Types of Records Do I Need to Obtain as Evidence for My Iowa Truck Accident Claim?

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 that is 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 may be 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. If this is the 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.

Contact an Iowa Truck Accident Lawyer Today

Dealing with the aftermath of a truck accident can be extremely difficult, especially if you have sustained serious injuries. For assistance, retain the services of a lawyer for help collecting evidence in an accident case.

At Walker, Billingsley & Bair, our team of lawyers will work to ensure that you receive compensation for damages experienced as a result of the collision. For information about injury claims, download our e-book on the seven secrets to not wreck your case or contact our office at (888) 435-9886 to schedule an appointment with a truck accident lawyer.

Is It True That a Trucking Company Can Destroy Truck Driver Records Pertaining to My Truck Accident?

It is the trucking company’s right to destroy certain truck driver records after a specified period of time. One of the ways to help prevent this from happening after a truck accident is by having an attorney send a spoliation letter, which advises the company that all pertinent documentation must be preserved, maintained, and protected.

Preserving the Record of Duty Status

One of the most important pieces of evidence that could be useful in establishing fault is the driver’s record of duty status. The information recorded by the driver includes his/her time on and off duty, use of the sleeper berth, and the amount of time actually spent driving.

Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require that the trucking company maintain the records of duty status and any supporting documents for at least six months. The spoliation letter can inform the trucking company that it is required to preserve these records, as they are relevant to the truck accident claim.

Other Documents Important to a Truck Accident Case

Depending on the cause of the crash or any suspicions raised concerning other types of negligence that may have been contributing factors in the accident, there could be other records that would be valuable. Another example is the driver qualification files, which are kept with the driver’s personnel file.

Information from the qualification file includes motor vehicle record, application for employment, annual review of driving record, certification of violations, medical examiner’s certificate, and more. One of the issues that might be called into question is whether or not the truck driver was qualified to operate a big rig in the first place.

Numerous other types of records are maintained by the trucking company, not only in regards to their drivers but the vehicles as well. To ensure their protection, an attorney may decide to send a spoliation letter.

How a Spoliation Letter Can Protect Truck Driver Records after an Accident

Since the preservation of evidence is critical after a crash, it’s important to talk with an attorney as soon as possible. This will allow time to discuss the case and the attorney to send a spoliation letter to the company outlining records that should be preserved.

It’s best to provide detailed information of the types of documentation, records, and paperwork that are to be kept. The letter should stipulate that evidence isn’t to be destroyed, erased, altered, or otherwise manipulated and should put the company on notice that additional damages could be sought if they fail to adhere to the request.

The sooner an attorney gets the records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other kinds of crashes because of the availability of the truck company’s records. It’s critical to take full advantage of this.

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.