New Hampton Truck Accident Injury Attorneys

 In the broad domain of highways, trucking accidents can cause considerable disruption, often leading to severe injuries for those affected. In such difficult situations, trucking injury lawyers act as unwavering advocates, offering support and direction to survivors. These attorneys excel in handling the complex world of trucking laws and regulations.

Systems That Prove Fault In Iowa Car Accidents

Like many states, Iowa follows the "rules of the road," detailed in Iowa Code Chapter 321 - Motor Vehicles and Law of the Road. These rules cover various scenarios such as yielding at uncontrolled intersections, the responsibility of drivers striking disabled cars, and yielding to pedestrians. Understanding these rules is crucial in determining fault in Iowa car accidents.

Comparative Fault in Iowa

Iowa is a comparative fault state. This means the fault of drivers involved in an accident is compared. For instance, if one driver is speeding and the other fails to yield, a judge or jury determines the fault percentage for each driver. A driver found to be 51% or more at fault cannot recover damages. If the fault is 50% or less, damages are reduced by their fault percentage. For example, if a driver incurs $100,000 in damages but is 25% at fault, they can recover $75,000 (100,000 minus 25% of 100,000).

Common Ways to Prove Fault in Iowa Car Accidents

1. Failure to Stop Within Assured Clear Distance, Maintain Control, or Following Too Closely:
   - Assured Clear Distance Ahead: No vehicle should be driven faster than allows stopping within a clear distance ahead.
   - Failure to Maintain Control: Drivers must control their vehicles and reduce speed when approaching intersections.
   - Following Too Closely: Vehicles should not follow another vehicle closer than reasonable based on speed, traffic, and road conditions.

2. Failing to Yield:
   - Meeting and Turning Right: Vehicles must yield half of the road by turning right.
   - Approaching or Entering Intersection: Vehicles entering an intersection simultaneously should yield to the vehicle on the right.
   - Backing onto a Highway: Drivers must yield to approaching vehicles when backing onto a highway.
   - Slow-Moving Vehicles: These must drive in the right-hand lane or as close to the right edge of the road as possible.
   - Driving on the Right Half of the Road: Exceptions include overtaking another vehicle, obstructions, three-lane roads, or one-way roads.
   - Entering Through Highways: Drivers must stop or yield at through highways' entrances and proceed cautiously.

3. Failing to Obey Traffic Control Devices:
   - Stoplights and Signals: Drivers must obey signal lights and yield to pedestrians and other vehicles at intersections.
   - Making a Left Turn Across Traffic: Drivers turning left must yield to oncoming traffic and proceed only when safe.

Hiring a Car Accident Attorney

If you or a loved one has been injured in a car accident, you might wonder if hiring an attorney is necessary. Not every case requires an attorney. For instance, if your vehicle sustained only minor damage and the other driver’s insurance covers it, or if your injuries were minor, you might handle the case yourself. However, certain situations warrant consulting an attorney:

1. Hospitalization or Surgery: If your injuries required hospitalization or surgery.
2. Permanent Injuries: If the crash resulted in permanent injuries.
3. DUI by the Other Driver: If the other driver was under the influence.

Benefits of Hiring a Car Accident Attorney

1. Protecting Your Rights: Ensuring your rights are protected under Iowa law.
2. Handling Insurance Companies: Managing communications with all insurance companies.
3. Finding Insurance Policies: Identifying all applicable insurance policies for maximum recovery.
4. Dealing with Medical Providers: Handling subrogation claims and medical expenses.
5. Providing Legal Advice: Offering experienced advice on the case's value and representing you in court if necessary.

Common Mistakes in Self-Representation

1. Accepting Low Offers: Settling for a low offer and having to repay health insurance from the settlement.
2. Ignoring Policy Limits: Accepting policy limits without verifying all available coverage.
3. Overlooking UIM Coverage: Failing to claim underinsured motorist coverage due to procedural errors.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The FMCSA regulates the trucking industry, including commercial truck maintenance. Truck companies must maintain their vehicles, keeping records of inspections, repairs, and ensuring proper equipment function. Key FMCSA regulations include:

1. Recordkeeping: Documenting all inspections, repairs, and maintenance.
2. Correcting Violations: Addressing defects noted in roadside inspections.
3. Post-Trip Inspections: Conducting inspections after each driving period.
4. Periodic Inspections: Performing inspections at least annually.

Inspector Qualifications

Certain inspections require qualified inspectors, such as brake inspectors, who must have adequate training and experience. Truck companies must keep evidence of inspectors' qualifications on file.

Important Equipment for Truck Safety

Proper maintenance of equipment like brakes, lights, reflectors, windshield wipers, steering mechanisms, emergency equipment, tires, wheels/rims, horns, rearview mirrors, and coupling devices is crucial. Poor maintenance can lead to accidents, making the truck company liable for resulting injuries.

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.