Sac City Truck Accident Injury Attorneys

Semi truck accidents are a serious matter, especially for motorists severely injured in crashes. Victims of large truck crashes have strong legal protections if they were not at fault in the accident, but it is important that Sac City victims understand their rights and responsibilities when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents in Sac City

Many heavy truck crashes are caused by driver error, things like sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems account for many of the other crashes. Depowered front brakes, failing to replace tires, and transmission failure are some common mechanical problems. Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in a Sac City Truck Accident Case

A personal injury action, which may arise after an accident with a semi truck in Sac City, must prove the following.

• A duty of care existed between the parties
• The defendant breached that duty of care
• The breach caused injury to the claimant
• The claimant suffered damages

These lawsuits typically hinge on whether a truck driver or other party acted negligently and failed to provide reasonable care to prevent injuries to others. Speeding and exceeding hours of service limitations are examples of negligent behavior that may leave a party liable for injuries.

Iowa is a modified comparative fault state. An accident victim must be less than 51 percent at fault in an accident to recover damages, but the victim's damages are reduced by their individual percentage of fault.

Who Can Be Held Liable After a Sac City Truck Crash

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern numerous things like how long a driver can stay on the road without a break, mandatory drug testing for drivers, and load weight limitations. A violation of one of these rules may be a sign of negligence, and if it caused or contributed to an accident, the party in violation can be liable.

A trucking company could be held liable in the event one of its drivers causes an accident, since these companies are responsible for their drivers' actions. Trucks often carry onboard devices that record driver actions while the truck is on the road, and companies maintain these records and other logbooks according to federal laws and company policies. If a Sac City victim believes these records, or other evidence in the truck company's possession, could be relevant in a legal action, an attorney can send a letter to the company requesting that it be preserved.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life threatening injuries. Although driver errors are oftentimes the cause of these accidents, sometimes it stems from truck company negligence, which could be the case if equipment problems are to blame, often the result of poor commercial truck maintenance.

How Poor Maintenance Leads to Trucking Company Negligence

The trucking industry is regulated by the Federal Motor Carrier Safety Administration, which enforces rules pertaining to a variety of areas, including the upkeep of commercial vehicles. Every truck company is responsible for maintenance of its big rigs. Although manufacturing defects are sometimes to blame, many times it is a failure in commercial truck maintenance. When this is found to be a contributing factor in an accident, or the outright cause of it, a truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems That Cause Crashes

Certain types of equipment are more likely to cause a crash or make the impact of one much worse. One example is brake failure. If a driver cannot stop, there is the potential of running into another vehicle, which can happen when brakes have worn and have not been replaced. Trucks can also jackknife when front brakes are depowered or removed, causing the trailer to fold, which can crush or strike other vehicles nearby.

Tires are another common equipment problem. They can blow out, which is not only dangerous because of flying debris, but can also cause the driver to lose control of the vehicle. Worn tire treads and under or overinflated tires are just some of the issues that could cause an accident. If the lights are not functioning adequately, it can make visibility difficult, and the same is true with windshield wipers. If the trailer is not properly attached to the cab, it may end up swinging out of control or completely detaching, putting others on the road at serious risk.

Damages That May Be Recoverable in a Sac City Truck Accident Claim

When a truck company's negligence is the reason for an accident, compensation could be sought for financial losses such as the following.

• Ambulatory services
• Hospitalization
• Follow up doctor visits
• Medication
• Physical therapy
• Future medical expenses

Lost income as a result of the healing and recovery period may also be compensated. If the injuries are disabling and prevent the person from returning to work, or if the individual must perform job tasks that pay less because of impairment, these financial losses may also be considered in a truck accident claim. Property damage to the victim's vehicle would also be addressed, or if the vehicle is totaled, the replacement value may be factored into the claim.

Physical losses could include damages for pain and suffering, disability, disfigurement, and reduced quality of life. Emotionally, there may be compensation that addresses mental anguish, post traumatic stress disorder, and other psychological harm that results from the accident.

When a truck company is negligent and liable for injuries, it can oftentimes result in significant compensation, but finding them responsible is not always easy and will require a thorough investigation. Contacting an attorney who handles these types of cases is an important step for any Sac City resident hurt in a truck accident.

Commercial Truck Accident Liability for Delivery Drivers

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered to be a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle type occurs, the injuries are often very serious. If you have been involved in an accident with a commercial vehicle in Sac City, here is what you need to know about recovery and liability.

Who Is Liable for an Accident Caused by a Commercial Driver?

In the majority of cases, one of two parties will be held liable when an accident involving a commercial vehicle occurs, the driver of the vehicle or the company that owns the truck. If the driver of the truck is an employee of the trucking company, the company will usually be held liable under the legal doctrine of respondeat superior, which means an employer is liable for the actions of its employees while they are acting under its employ.

If the driver of the delivery truck is an independent contractor, though, the driver may be held liable rather than the company that contracted him or her. In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions or a defective part on the truck caused the crash. Instead, the manufacturer of the truck or a truck part, the shipper, or even the party responsible for loading the truck's cargo may be held liable.

How to Prove Liability After a Delivery Truck Accident

If you have been in an accident that was caused by a commercial driver, you will have to prove the negligence of the at fault party. Examples of negligence may include the following.

• Failing to perform an inspection of or maintenance on the vehicle
• Improper loading of cargo
• Impaired driving
• Speeding
• Aggressive driving
• Failure to adhere to traffic laws

Negligence is essentially any time someone acts, or fails to act, reasonably as compared to what another person in the same situation would do. You will need to prepare yourself for the trucking company to investigate the crash, since these companies often move quickly to protect their own interests.

Act Quickly After a Sac City Delivery Truck Accident

An accident involving a delivery vehicle can be very scary and can cause long lasting injuries to the victims involved. Iowa Code 614.1 generally provides two years to file a claim for damages, so it is important to reach out to an attorney as soon as possible after your accident so that evidence can be preserved and your claim can be properly investigated.

Get Help Now In Sac City

At Walker, Billingsley & Bair, our truck accident 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.

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