- Red Oak Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
In the extensive network of highways, trucking accidents can cause substantial disturbances, frequently leading to severe injuries for those involved. In these challenging moments, trucking injury lawyers serve as unwavering supporters, providing support and direction to survivors. These legal professionals specialize in navigating the complex terrain of trucking laws and regulations.
Why Hire a Car Accident Attorney?
If you or someone you care about has been injured in a car crash, you may wonder, "Why would I hire a car accident attorney?" While not every car accident case requires legal representation, there are certain situations where consulting with an attorney is highly advisable.
When You Might Not Need an Attorney
1. Property Damage Only: If the accident only resulted in damage to your vehicle and the other driver’s insurance company is covering the repair costs.
2. Minor Injuries: If your injuries were minor and required minimal medical treatment. In such cases, hiring an attorney might not be cost-effective since a portion of the settlement would go towards legal fees.
3. Fair Settlement: If you can reach a fair settlement with the insurance company on your own. Ensure that all agreements are in writing, including details on who will cover your medical bills and reimburse your health or car insurance.
When to Consult an Attorney
There are scenarios where you should at least consult with an attorney before signing any documents or speaking with insurance adjusters:
1. Hospitalization: If your injuries required hospitalization.
2. Surgery: If you needed surgery due to your injuries.
3. Permanent Injuries: If you have sustained permanent injuries from the crash.
4. DUI Cases: If the other driver was under the influence of alcohol or drugs.
Common Mistakes When Self-Representing
1. Low Settlement Offers: Accepting an offer that is too low and discovering later that you need to repay your health insurance from the settlement, leaving you with little or no compensation.
2. Policy Limits: Accepting the other driver’s policy limits without verifying if additional coverage is available. Properly obtaining sworn affidavits from the driver and their insurance company is crucial to avoid missing out on potential coverage, such as a $1,000,000 umbrella policy.
3. UIM Claims: Failing to contact your own insurance company for Underinsured Motorist (UIM) coverage compensation. Missing specific procedural steps can result in no compensation from your UIM insurance.
How an Iowa Car Accident Attorney Can Help
1. Protect Your Rights: Ensure your rights are protected under Iowa law.
2. Insurance Handling: Manage all communications with insurance companies to avoid mistakes and reduce stress.
3. Identify Coverage: Find all applicable insurance policies to maximize your recovery.
4. Medical and Subrogation Issues: Handle communications with subrogation companies, hospitals, and other medical providers to maximize the amount you receive after medical expenses.
5. Case Valuation and Representation: Provide expert advice on the value of your case and represent you in court if necessary.
Truck Regulations and Laws for Truck Drivers in Iowa
Iowa enforces several regulations for truck drivers, in addition to those by the Federal Motor Carrier Safety Administration (FMCSA). These laws can be significant in truck accident cases, especially if the driver was in violation.
Key Iowa Trucking Laws
1. Texting and Hand-Held Cell Phones: All drivers, including truck drivers, are banned from texting and using hand-held cell phones while driving.
2. Accident Reporting: An accident report must be filed if:
- Property damage is $1,500 or greater.
- At least one person is injured.
- At least one person is killed.
3. Hazardous Materials: The Iowa Department of Transportation (DOT) enforces rules for transporting hazardous materials, requiring trucks to have proper placards. In case of an accident, local law enforcement, the Iowa State Patrol, the Iowa DOT’s Office of Motor Vehicle Enforcement, and the Iowa Department of Natural Resources (DNR) must be notified.
Legal Review of Truck Regulation Violations
Injury lawyers can review truck regulation violations to determine fault and liability. Violations of these regulations may significantly impact a truck accident claim.
Truck Company Negligence for Poor Commercial Truck Maintenance
Truck accidents can be particularly severe due to the size and weight of commercial trucks. While driver errors often cause these accidents, poor maintenance by the trucking company can also be a significant factor. The Federal Motor Carrier Safety Administration (FMCSA) regulates truck maintenance, and failure to comply can result in company liability.
Common Truck Equipment Problems
1. Brake Failure: Worn brakes can prevent a truck from stopping, leading to collisions.
2. Tire Issues: Blowouts, worn treads, and improper inflation can cause accidents.
3. Lighting and Visibility: Faulty lights or windshield wipers can impair a driver's ability to see.
4. Trailer Problems: Improperly attached trailers can detach or swing out of control, posing serious risks.
Recoverable Damages in Truck Accident Claims
If truck company negligence is proven, victims can seek compensation for:
- Medical expenses (ambulatory services, hospitalization, follow-up visits, medication, physical therapy, future medical costs).
- Lost income due to injury recovery.
- Property damage.
- Physical and emotional damages (pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, PTSD).
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.