Monticello Truck Accident Injury Attorneys

 Within the vast realm of highways, trucking accidents can create considerable disruption, often causing serious injuries for those affected. In such turbulent situations, trucking injury lawyers stand as steadfast supporters, offering guidance and assistance to survivors. These legal experts are adept at handling the intricate landscape of trucking laws and regulations.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

We all want to be treated fairly in life, whether it's by our employer or the insurance company. When dealing with an insurance company after an accident, it's crucial to be well-prepared and knowledgeable. Here are six little-known secrets to help you get a fair settlement:

1. Know Your Facts and the Law

If you are handling a case on your own, you must know the facts of your case and how Iowa laws apply to them. Otherwise, the insurance adjuster will push you around, and you'll have little response. Insurance adjusters are trained to use various techniques to convince you to settle your case for less than its fair value. One common technique is acting as if they are your friend, suggesting that you send medical bills to them for a fair settlement. They may also tell you that hiring a lawyer will cost you more money and take longer. What they won't tell you is that it’s perfectly legal for them to lie, cheat, and steal from you to settle your case for less than it’s worth.

Another technique is to downplay the value of your case, telling you that soft-tissue injuries heal within three months, or that you’ll never get more than what they are offering. The adjuster will not help you make the right decision; understanding your case and the applicable laws is your best defense.

2. You Do Not Have to Give a Recorded Statement

In most cases, you are not required to give a recorded statement to the insurance adjuster of the other side, especially if there’s a police report. Politely decline to give a recorded statement and refer the insurance adjuster to the police report and your medical records. However, in some instances, such as claims against your own insurance company for underinsured motorist (UIM) or uninsured motorist (UM) coverage, you may be required to provide a recorded statement. If you are unsure, it's time to call a qualified Iowa personal injury attorney. We offer a no-cost, no-risk injury evaluation, so feel free to contact us at 641-792-3595.

3. Always Tell the Truth

Honesty is the best policy. Insurance companies have extensive databases with information about any prior claims you have made. If you lie about your claim history, the insurance adjuster will likely find out and it will harm the value of your case.

4. In Car Accident and Personal Injury Cases, Ask the Adjuster About Insurance Coverage

Asking the adjuster how much insurance coverage is available can catch them off guard, especially if you don’t have an attorney. They often won’t disclose this information as they prefer to keep it hidden. Under Iowa law, the state minimum for car accidents is only $20,000 per person for personal injuries. If you’ve sustained serious injuries, you may need to look at your own UIM policy for additional coverage. Remember, there are specific requirements such as obtaining permission from your insurance company before agreeing to a settlement.

5. Making Threats Will Not Help Your Case

The insurance adjuster’s job is to pay you as little as possible. Threats like "I am going to sue you" or "Let me talk to your boss" rarely help increase the value of your case. Such threats may only anger the adjuster and hurt your case. They have teams of lawyers ready to defend, so threats to file a suit do not bother them.

6. Do Your Research to Know How Much Your Case is Worth

Negotiating with an insurance adjuster is difficult if you don’t know your case’s worth. Research similar cases in Iowa to understand what judges or juries have awarded. Without this information, it's challenging to negotiate effectively.

How to Prove Fault in Iowa Car Accidents

Understanding fault is critical in car accident cases. Iowa follows comparative fault rules, meaning the fault of each driver is compared. If a driver is found to be 51% or more at fault, they cannot recover any damages. If less than 51%, their recovery is reduced by their percentage of fault. Common ways to prove fault include:

1. Failure to Stop Within an Assured Distance, Failure to Maintain Control, and Following Too Closely
   - These violations often apply in rear-end collisions.

2. Failing to Yield
   - Common in uncontrolled intersections and various yielding scenarios.

3. Failing to Obey Traffic Control Devices
   - This includes running stop signs or red lights.

When a Delivery Driver Causes a Commercial Truck Accident

Accidents involving commercial vehicles, like delivery trucks, often result in serious injuries. Here's what you need to know:

Liability:
- The trucking company is usually liable if the driver is an employee.
- If the driver is an independent contractor, the driver might be liable.
- In some cases, neither may be liable if the accident was due to a product malfunction.

Proving Liability:
- You must prove negligence, such as failure to inspect or maintain the vehicle, improper loading of cargo, impaired driving, speeding, or failure to adhere to traffic laws.

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.