Saylorville Truck Accident Injury Attorneys

 Across the vast highway networks, trucking accidents can result in major upheaval, frequently causing severe injuries to those involved. In these challenging times, trucking injury lawyers act as steadfast supporters, providing guidance and assistance to survivors. These legal professionals excel in handling the complex field of trucking regulations.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

Navigating the aftermath of an accident can be daunting, especially when dealing with 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 solid understanding of the facts and how Iowa laws apply. Insurance adjusters are trained to use various techniques to convince you to settle for less. They may act as if they’re your friend, advising you to send them your medical bills for a fair settlement, and suggesting you don’t need a lawyer. However, keep in mind that it's legal for them to lie, cheat, and steal to settle your case for less than its worth. Adjusters might also downplay your case, claiming you won’t get more than their offer, or suggesting injuries like "soft-tissue" heal within three months. Remember, they are not there to help you make the best decision.

2. You Do Not Have to Give a Recorded Statement

In most cases, you are not required to give the insurance adjuster for the other side a recorded statement, especially if a police report exists. Politely decline and refer them to the police report and your medical records. However, for claims against your own insurance for UIM (underinsured motorist) or UM (uninsured motorist), your policy may require a recorded statement.

3. Always Tell the Truth

Honesty is paramount. Insurance companies have access to massive databases containing information about your prior claims. Lying about past claims can severely damage your case's credibility and value.

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

This question often catches insurance adjusters off guard. They may not disclose coverage amounts voluntarily, preferring to keep you in the dark. Iowa's state minimum for car accidents is $20,000 per person for personal injuries. For serious permanent injuries, you might need to consider your own UIM policy. Keep in mind specific requirements like obtaining permission from your insurer before settling.

5. Making Threats Will Not Help Your Case

Insurance adjusters are professionals trained to handle threats like "I am going to sue you" without increasing settlement offers. Anger can also weaken your case. Remember, they have teams of lawyers ready to defend against lawsuits, so threatening legal action rarely helps.

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

Research similar cases in Iowa to understand what judges or juries awarded. This knowledge is crucial for effective negotiation. Without it, you’re at a disadvantage.

When a Delivery Driver Causes a Commercial Truck Accident

Accidents involving commercial vehicles often result in serious injuries. If you’ve been involved in such an accident in Iowa, here’s what you need to know about recovery and liability.

Who’s Liable for a Car Accident Caused by a Commercial Driver?

Liability usually falls on either the driver or the company owning the truck. If the driver is an employee, the company is typically liable under the legal doctrine of "respondeat superior," which holds employers accountable for employees’ actions performed during employment. However, if the driver is an independent contractor, liability may shift to the driver. In cases of defective parts or malfunctioning products, the manufacturer or other parties like the shipper may be held liable.

How to Prove Liability

To prove negligence, gather evidence such as:

- Failure to perform vehicle inspections or maintenance
- Improper loading of cargo
- Impaired driving
- Speeding or aggressive driving
- Failure to adhere to traffic laws

Can a trucking company destroy driver records pertaining to my truck accident?

Trucking companies can destroy certain driver records after a specified time. To prevent this, an attorney can send a spoliation letter requiring the preservation of all relevant documentation.

Preserving the Record of Duty Status

The driver’s record of duty status is crucial for establishing fault. Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require these records be maintained for at least six months. A spoliation letter ensures these records are preserved.

Other Important Documents

Driver qualification files, vehicle maintenance records, and other documentation can be vital. These records can show whether the driver was qualified and if the vehicle was properly maintained.

How a Spoliation Letter Can Protect Truck Driver Records

Discuss your case with an attorney promptly. The letter should detail all necessary documentation to be preserved and inform the company of potential additional damages for non-compliance.

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.