Perry Truck Accident Injury Attorneys

 Across the extensive realm of highways, trucking accidents can cause substantial disturbances, frequently leading to severe injuries for those involved. In these challenging moments, trucking injury lawyers act as unwavering advocates, providing support and direction to survivors. These legal professionals specialize in navigating the complex field of trucking laws and regulations.

Semi-truck accidents are often severe, leading to significant injuries for motorists involved. Victims of such accidents have strong legal protections, especially if they were not at fault. Understanding your rights and responsibilities when pursuing legal action against a trucking company is crucial.

Causes of Semi Truck Accidents

Many heavy truck crashes result from driver error, including sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems also account for numerous accidents, with issues like depowered front brakes, failing to replace tires, and transmission failure being common culprits. Additional causes include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

To pursue a personal injury action after an accident with a semi-truck, you must prove the following:

1. A duty of care between the parties.
2. The defendant breached that duty of care.
3. The breach caused the injury to the claimant/plaintiff.
4. The claimant/plaintiff suffered damages.

These lawsuits typically hinge on whether a truck driver or another party acted negligently and failed to provide reasonable care to prevent injuries. Examples of negligent behavior include speeding and exceeding hours-of-service limitations. Iowa follows a modified comparative fault rule, where an accident victim must be less than 51 percent at fault to recover damages. However, the victim's damages are reduced by their percentage of fault – for instance, if the victim was 10 percent at fault and suffered $10,000 in damages, they would only receive $9,000.

Liable Parties after the Crash and Challenges in Accident Cases

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, can be legally liable if their actions caused an accident. FMCSA regulations govern various aspects, such as how long a driver can stay on the road without a break, mandatory drug testing, and load weight limitations. Violations of these rules can indicate negligence, potentially leading to liability if they contributed to an accident.

A trucking company may be held liable if one of its drivers causes an accident, as these companies are responsible for their drivers' actions. Trucks often have onboard devices that record driver actions, and companies maintain these records along with other logbooks. An attorney can send a spoliation letter to the company to preserve this evidence, making it essential to contact an attorney promptly after a truck accident.

How Does a City Truck Accident Claim Differ from a Regular Truck Accident?

City truck accidents involve government vehicles and are handled differently from regular truck accident claims. Claims must be filed with the city's Legal Department rather than through an insurance company, making the process more complex.

Filing a City Truck Accident Claim

City trucks can include fire engines, buses, utility vehicles, and garbage trucks. After an accident with a government vehicle in Perry, you must fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. The form requires information about your car, any injuries, witnesses to the accident, and a description of the incident. Attach relevant documents, such as pictures of injuries and vehicle damage, and provide two estimates for any property damage claimed.

If the city denies the claim, you may pursue a lawsuit to recover damages. A personal injury attorney can help file your claim form accurately to avoid devaluing or voiding your claim.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents are often severe, and poor commercial truck maintenance can be a significant factor. The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, including vehicle maintenance. Trucking companies are responsible for maintaining their vehicles, and failure to do so can lead to negligence and liability.

Types of Truck Equipment Problems

Common equipment problems include brake failure, which can prevent a driver from stopping in time, potentially causing accidents. Jackknifing can occur when front brakes are depowered or removed, leading to the trailer folding and striking other vehicles. Tire issues, such as blowouts, can cause the driver to lose control. Malfunctioning lights and windshield wipers can impair visibility, increasing the risk of accidents. Problems with the trailer, such as improper attachment to the cab, can also pose significant dangers.

Damages Recoverable in a Truck Accident Claim

When a truck company's negligence causes an accident, victims can seek compensation for various financial losses, including:

- Ambulance services
- Hospitalization
- Follow-up doctor visits
- Medication
- Physical therapy
- Future medical expenses

Victims can also claim lost income due to recovery periods and potential long-term disability or impairment. Property damage to the victim's vehicle and compensation for physical and emotional losses, such as pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and PTSD, can also be included.

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.