Montezuma Truck Accident Injury Attorneys

The broad expanse of highways often sees trucking accidents resulting in major disruptions and severe injuries. In such tough circumstances, trucking injury lawyers provide essential support, offering survivors guidance and advice. They are experts in the complex framework of trucking laws and regulations.

When a Delivery Driver Causes a Commercial Truck Accident

Accidents involving delivery trucks or other commercial vehicles often result in serious injuries. According to an Iowa Truck Information Guide by the Iowa Department of Transportation, delivery trucks are considered commercial vehicles. 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.

Liability in Commercial Truck Accidents

In most cases, either the driver of the commercial vehicle or the company that owns the truck will be held liable for an accident. If the driver is an employee of the trucking company, the company is typically held liable under the legal doctrine of "respondeat superior," which means an employer is responsible for the actions of its employees while they are working. This is outlined by the Legal Information Institute of Cornell University Law School.

However, if the driver is an independent contractor, the driver may be held liable rather than the contracting company. In certain cases, neither the driver nor the company may be at fault, such as when a defective truck part causes the crash. In these instances, the manufacturer, shipper, or the party responsible for loading the truck may be liable.

Proving Liability

To recover damages, you must prove the negligence of the at-fault party. Examples of negligence include:

- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failing to adhere to traffic laws

Negligence is any action or failure to act reasonably compared to what another person would do in the same situation. Be prepared for the trucking company to conduct a thorough investigation into the accident.

Seeking Damages After a Truck Accident

If you’ve been injured in an Iowa truck accident, you are likely dealing with significant medical bills and lost wages. To seek financial restitution, your first step should be to contact an Iowa truck accident lawyer. You'll need to file a claim with the responsible insurance company, which will send an adjuster to evaluate your damages. Be wary of adjusters who may:

- Underestimate the value of your claim
- Delay the investigation to pressure you into a low settlement
- Use their medical professionals to downplay your injury or claim you had a pre-existing condition

If the insurer refuses to pay what you deserve, you may need to pursue compensation through an Iowa truck accident lawsuit. Your lawyer can represent your interests in court, allowing you to focus on recovery.

Determining Liability

In an Iowa truck accident lawsuit, you must prove the defendant's negligence caused your injuries. Potentially liable parties include:

- The truck driver
- The trucking or shipping company
- The safety director of the company
- The vehicle inspector
- The truck manufacturer

An Iowa truck accident lawyer can investigate your case, determine liability, and represent your interests in a lawsuit.

Common Types of Fatal Truck Accidents

The five most common types of fatal truck accidents are:

1. Underride Accidents: Smaller vehicles drive underneath large trucks.
2. Override Accidents: Large trucks drive over smaller vehicles, motorcycles, or pedestrians.
3. Jackknife Accidents: The trailer folds into the truck when a semi suddenly brakes.
4. Head-on Collisions
5. Rollovers

Proving Fault in Iowa Car Accidents

Iowa follows "rules of the road," detailed in Iowa Code Chapter 321, which include:

- Comparative Fault: Fault is compared between drivers, and damages are reduced by the percentage of fault attributed to the injured party.
- Failure to Stop within an Assured Distance: Drivers must be able to stop within the distance they can see ahead.
- Failure to Maintain Control: Drivers must maintain control and reduce speed when necessary.
- Following Too Closely: Drivers must keep a reasonable distance considering speed, traffic, and road conditions.
- Failing to Yield: This includes yielding at intersections, to oncoming traffic when turning left, and to pedestrians.
- Obeying Traffic Control Devices: This includes stopping at stop signs and red lights and following the signals' instructions.

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.