Shell Rock Truck Accident Injury Attorneys

Across the broad expanse of highway networks, trucking accidents frequently result in substantial interruptions and serious injuries. During these tough times, trucking injury attorneys serve as steadfast supporters, providing guidance and aid to those affected. They are specialists in the intricate landscape of trucking laws and regulations.

Systems That Prove Fault In Iowa Car Accidents

Like many states, Iowa follows the "rules of the road" as detailed in Iowa Code Chapter 321 - Motor Vehicles and Law of the Road. These rules dictate who has the duty to yield at uncontrolled intersections, responsibilities for striking a disabled car on the side of the roadway, when to yield to pedestrians, and much more. This article covers some of the most common ways fault is proven in Iowa car accidents.

Iowa's Comparative Fault System

Iowa operates under a comparative fault system, meaning the fault of the drivers involved in a car accident is compared to each other. For example, if two drivers are involved in a crash where one is speeding and the other fails to yield, a judge or jury determines the fault percentage for each driver. If a driver is 51% or more at fault, they cannot recover any damages. If a driver is 50% or less at fault, their recoverable damages are reduced by their fault percentage. For instance, if a driver sustains $100,000 in damages but is found to be 25% at fault, they can only recover $75,000.

Common Ways Fault is Proven in Iowa Car Accidents

1. Failure to Stop Within an Assured Distance, Failure to Maintain Control, and Following Too Closely

These violations often occur when a vehicle rear-ends another. Specific Iowa car accident laws include:

Assured Clear Distance Ahead  
No person shall drive a vehicle on a highway at a speed greater than that which allows them to stop within the assured clear distance ahead. This distance is the length from which noticeable objects expected to be on the highway can be seen.

Failure to Maintain Control of Vehicle  
Drivers must have control of their vehicles and reduce speed to a reasonable rate when approaching and traveling through intersections or crossings.

Following Too Closely  
A driver must not follow another vehicle closer than is reasonable, considering the speed, traffic, and road conditions.

2. Failing to Yield

This can involve various scenarios, such as uncontrolled intersections where drivers must yield to vehicles on their right, vehicles pulling into oncoming traffic, and collisions during passing. Key Iowa laws include:

Meeting and Turning to the Right  
Vehicles meeting on a road must yield half of the road by turning to the right, commonly violated in head-on collisions.

Approaching or Entering an Intersection  
When two vehicles enter an intersection at the same time, the vehicle on the left must yield to the one on the right.

Backing Onto a Highway  
Drivers must not reverse onto a highway unless it can be done safely, yielding to any approaching vehicle.

Slow Moving Vehicles  
Vehicles moving slower than normal traffic must drive in the right-hand lane or as close to the right curb as possible, except when overtaking another vehicle or preparing for a left turn.

Driving on the Right Half of the Road  
Vehicles must be driven on the right half of the road, with exceptions for overtaking, obstructions, marked lanes, and one-way traffic roads.

Entering Through Highways  
Drivers must stop or yield when entering a through highway and yield to vehicles close enough to pose a danger.

3. Failing to Obey a Traffic Control Device

Commonly, this occurs when a driver runs a stop sign or red light, striking another vehicle. Iowa laws specify:

Traffic Lights  
- Vehicles facing a green light can proceed but must yield to others lawfully in the intersection.
- A yellow light warns that the green light is stopping, and vehicles should not enter the intersection if they can stop safely.
- A red light means stop until the signal changes, with right turns allowed unless prohibited.
- A green arrow allows vehicles to go in the arrow's direction but must yield to others in the intersection.

Making a Left Turn Across Traffic  
Drivers intending to turn left must yield to oncoming traffic that poses an immediate danger.

Truck Accident Claims for Falling Cargo

Drivers struck by falling cargo from a large truck can file a truck accident claim, known as an unsecured load case. Cargo such as pipes, logs, and boxes, if not secured, can become hazardous on the roadway. An Iowa law firm in Shell Rock can help victims establish liability and recover damages.

Filing a Truck Accident Claim

Victims can file a claim even if the truck does not physically crash into another vehicle. Truck drivers and companies must secure cargo to prevent injury to others. The driver must suffer damages or injuries from the falling cargo to file a claim.

Determining Accident Liability

Liability is crucial in these claims. If the truck driver loaded the cargo, they may be held responsible. If another employee loaded it, that person might be liable. The trucking company may also be liable under respondeat superior, which holds employers responsible for employees' actions during employment. Additionally, if a defect in the trailer caused the cargo to spill, the manufacturer might be liable. Multiple parties could share liability in cargo-related accidents.

Should I Get a Car Accident Lawyer?

Considering hiring a car accident lawyer for your Iowa claim? Qualified lawyers typically operate under the following conditions:

1. No Up-Front Fees or Charges: No retainer or upfront payment is required.
2. Contingency Fee Basis: The lawyer is paid only if they win the case, typically taking 30% for settlements, 33.33% if litigated, and up to 40% if appealed.
3. Selective Case Acceptance: Lawyers only take cases where they believe they can make a significant difference in compensation.
4. Comprehensive Case Management: The lawyer handles all interactions with insurance companies, obtains medical records and bills, and keeps clients updated.

Be cautious of lawyers who deviate from these practices. For example, some firms take every case hoping a few will be profitable, spending little time on others. Others might ask clients to obtain their medical records, indicating a lack of investment in the case.

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.