Roland Truck Accident Injury Attorneys

The wide expanse of highway systems often sees trucking accidents causing substantial disruptions and severe injuries to individuals. In such difficult situations, trucking injury lawyers offer essential support and guidance to survivors. These legal experts navigate the complicated field 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, whether by our employers or insurance companies. Here are six little-known secrets to help you secure a fair settlement:

1. Know Your Facts and the Law

Handling a case on your own requires a deep understanding of the facts and how Iowa laws apply to them. Insurance adjusters are trained to use various techniques to convince you to settle for less than what your case is worth. One common technique is the "I am your friend" approach, where the adjuster assures you that they will give you a fair settlement without needing a lawyer. However, it's legal for adjusters to lie, cheat, and manipulate you to settle for less.

Another technique is downplaying your case's value, telling you that you should settle because you'll never get more than what they're offering. For instance, they might claim they only pay for three months of treatment after a "soft-tissue" injury, regardless of your actual needs. Remember, the adjuster isn't there to help you make decisions about your case.

2. You Do Not Have to Give a Recorded Statement

In most cases, you are not required to give the opposing insurance adjuster a recorded statement, especially if there is a police report. Politely decline to give a recorded statement and refer the adjuster to the police report and your medical records. In some instances, such as claims against your own insurance company for underinsured motorist (UIM) or uninsured motorist (UM) coverage, you might need to provide a recorded statement.

3. Always Tell the Truth

Honesty is crucial. Insurance companies have extensive databases of all prior claims you've made. If you lie about previous personal injury claims, you could damage your case's value. Always be truthful about your claim history.

4. In Car Accident and Personal Injury Cases, Ask the Adjuster How Much Insurance Coverage They Have Available

Asking this question can catch the insurance adjuster off guard, as they often prefer to withhold this information. Iowa's minimum coverage for car accidents is $20,000 per person for personal injuries. If you have a serious injury, consider looking at your UIM policy for additional coverage, but be aware of specific requirements like obtaining permission from your insurance company before settling.

5. Making Threats Will Not Help Your Case

Insurance adjusters are trained professionals whose job is to minimize the payout for your case. Making threats like "I am going to sue you" often backfires. It reveals your anger, which can be detrimental, and adjusters have teams of lawyers ready to defend against lawsuits. Additionally, if you do file suit, your case might be transferred to another adjuster, reducing the current adjuster's workload.

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

Negotiating with an insurance adjuster is challenging if you don't know your case's value. Research similar cases in Iowa to see the compensation awarded by judges or juries. Without this information, negotiating effectively is difficult.

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

City truck accident claims differ mainly because they involve the government, requiring you to file your claim at City Hall instead of through an insurance company. This process can be more complicated, so victims in Iowa should consult a personal injury lawyer in Roland to protect their rights.

Filing a City Truck Accident Claim

City trucks include fire engines, buses, utility vehicles, and garbage trucks. If injured in an accident with a government vehicle in Roland, submit an Automobile Claim Form to the Legal Department at City Hall. The form requires information about your car, injuries, witnesses, and a description of the accident, along with relevant documents and two estimates for property damage.

If the city denies your claim, you may pursue a lawsuit to recover damages. An attorney can help file your claim form accurately, ensuring no essential information is omitted.

Is It True That a Trucking Company Can Destroy Truck Driver Records Pertaining to My Truck Accident?

Trucking companies can destroy certain truck driver records after a specified period. To prevent this, have an attorney send a spoliation letter, which requires the company to preserve all pertinent documentation.

Preserving the Record of Duty Status

The driver's record of duty status is crucial for establishing fault. It includes time on and off duty, use of the sleeper berth, and driving time. Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain these records and supporting documents for at least six months. A spoliation letter ensures these records are preserved.

Other Important Documents

Other valuable records may include driver qualification files, which contain the motor vehicle record, employment application, driving record reviews, certification of violations, and medical examiner’s certificate. These files can determine if the driver was qualified to operate a big rig.

Numerous other records maintained by the trucking company, regarding both drivers and vehicles, must be preserved. An attorney’s spoliation letter can ensure their protection.

How a Spoliation Letter Can Protect Truck Driver Records

Preserving evidence is critical after a crash. Discuss your case with an attorney promptly so they can send a spoliation letter detailing the records that must be preserved. This letter prevents the destruction, erasure, alteration, or manipulation of evidence and warns of additional damages if the company fails to comply.

The sooner your attorney obtains the records, the quicker they can build your case. Truck accidents offer greater potential to gather evidence due to the availability of the trucking company’s records, making it essential to act swiftly.

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.