Palo Truck Accident Injury Attorneys

Trucking accidents within the extensive highway networks often cause substantial disruptions, frequently resulting in severe injuries. During these difficult situations, trucking injury attorneys act as trustworthy allies, offering support and assistance to those impacted. They navigate the intricate aspects of trucking laws and regulations.

Systems That Prove Fault in Iowa Car Accidents

Iowa adheres to a comprehensive set of traffic regulations outlined in Iowa Code Chapter 321 – Motor Vehicles and Law of the Road. These rules cover various scenarios, such as duty to yield at intersections, responsibility for striking a disabled vehicle, and obligations to pedestrians. Understanding these rules is crucial for determining fault in Iowa car accidents.

Iowa is a comparative fault state, meaning the fault of each driver involved in an accident is assessed and compared. For instance, if one driver is speeding and the other fails to yield, their respective faults will be evaluated. If a driver is found to be 51% or more at fault, they cannot recover damages. If they are 50% or less at fault, their recoverable damages are reduced by their fault percentage. For example, if a driver incurs $100,000 in damages but is found 25% at fault, they can only recover $75,000.

Common Ways to Prove Fault

Failure to Stop, Maintain Control, or Follow Closely

1. Assured Clear Distance Ahead: Drivers must not exceed a speed that allows them to stop within the clear distance ahead, accounting for noticeable objects expected on the highway.
2. Failure to Maintain Control: Drivers must control their vehicle and reduce speed when approaching intersections or crossings.
3. Following Too Closely: Drivers must maintain a reasonable distance considering vehicle speed, traffic, and road conditions.

Failing to Yield

1. Meeting and Turning to the Right: Vehicles meeting on a road must yield half the road by turning right.
2. Approaching or Entering Intersections: When two vehicles approach an intersection simultaneously, the vehicle on the left must yield to the vehicle on the right.
3. Backing Onto a Highway: Drivers must yield when reversing onto a highway to avoid immediate danger.
4. Slow-Moving Vehicles: Slow vehicles must drive in the right-hand lane or as close as possible to the right curb.
5. Driving on the Right Half of the Road: Vehicles should be driven on the right half of the road except under specific conditions, like overtaking or when an obstruction exists.
6. Entering Through Highways: Drivers must stop or yield at the entrance to a through highway, yielding to vehicles already in the intersection or close enough to be a danger.

Failing to Obey Traffic Control Devices

1. Traffic Signals: Drivers must adhere to traffic light signals, including stopping at red lights and proceeding cautiously on green arrows.
2. Making a Left Turn: Drivers turning left must yield to oncoming traffic that poses an immediate danger.

Truck Accident Claims Involving Falling Cargo

Victims struck by falling cargo from trucks can file a truck accident claim. Truck drivers and companies are responsible for securing cargo to prevent accidents. A claim requires that the driver suffered damages or injuries due to the falling cargo.

Determining Liability

1. Truck Driver: If the driver loaded the cargo, they might be held responsible.
2. Trucking Company: If the cargo loader was an employee of the company, the company might be liable under respondeat superior.
3. Third-Party Loader: If a third party loaded the cargo, they might bear responsibility.
4. Product Defects: If a defect caused the cargo to spill, the trailer manufacturer could be liable.

Preservation of Truck Driver Records

Trucking companies must preserve hours of service records for six months and driver qualification files for the duration of employment plus three years. A spoliation letter can prevent destruction of relevant records. Crucial evidence includes:

1. Medical Records: Indicate driver fitness.
2. Cell Phone Records: Show if the driver was distracted.
3. Qualification File: Confirms driver qualifications.
4. Employment and Driving History: Lists violations and past performance.
5. Black Box Data: Records hours of service and driving behavior.

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.