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- Sibley Truck Accident Injury Attorneys
- Phone: 641-792-3595
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A truck accident can leave a Sibley resident facing serious injuries, mounting medical bills, and a claims process that is far more complicated than a typical car crash. Whether you were injured as a passenger vehicle driver hit by a semi, or you are a truck driver yourself hurt while working out of state, understanding how to protect your health, your medical records, and your legal rights is essential. The attorneys at Walker, Billingsley & Bair have spent years helping Iowans through exactly these situations, and this guide breaks down what Sibley truck accident victims should know.
Common Mistakes Sibley Victims Make With Doctors After a Truck Accident
Many people fail to realize how important their interactions with the doctor are when treating an injury from a truck accident. What you tell your doctor, and what you do not tell your doctor, can greatly affect your case.
Failing to See a Doctor Immediately
It is your responsibility to prove that you were injured. If you have any pain or problems after a truck accident, seek medical care right away. Insurance companies often believe that a delay in treatment means the injury was not as serious as claimed.
Talking About Your Claim Instead of Your Injuries
Medical providers need to know how you were hurt, but your legal concerns should be kept separate. Anything you tell a medical provider can end up in your records, which the insurance company may later review.
Hiding Your Health History
Be honest about prior injuries to the same body part. Prior medical records will eventually surface, and providing incomplete information can hurt both your treatment and your legal case.
Missing or Being Late to Appointments
A missed appointment shows up in your chart as a no-show. More than one can suggest to an insurance company that you did not take your treatment seriously, even if you had a valid reason.
Documentation Protects Your Claim
Your medical records are the foundation of your truck accident claim. Writing down your symptoms before an appointment can help make sure nothing is left out of a busy doctor's notes. Doctors and therapists often ask patients to rate pain on a scale of one to ten. Very few people experience pain worse than an eight during their lifetime, so it helps to keep this scale in mind and avoid exaggeration, since providers are trained to notice inconsistencies between what a patient says and how they appear during the visit.
Five Critical Steps for Every Sibley Truck Accident Claim
Whether or not you choose to hire an attorney, there are five practices that are essential to helping you receive a fair and just settlement for your injuries after a truck accident.
| Step | Why It Matters |
|---|---|
| Tell your doctor everything that hurts | The insurance company will base its offer on this critical information. If you fail to tell the doctor everything that hurts, it will not be treated properly and no one will know about it. Complaining about a problem weeks or months later can lead the insurer to claim it was unrelated to the crash. |
| Follow your doctor's orders | If your doctor recommends therapy three times a week and you only go once, the insurance company will argue you could not have been truly injured, and will reduce its settlement offer. |
| Keep a diary documenting your injuries | A diary helps provide an accurate account of your injuries and how they affected your ability to function day to day, which can support a higher evaluation of your claim. |
| Keep documentation regarding missed work | This includes keeping doctor's excuses for missed work and tracking time missed for medical appointments. |
| Be careful what you say | The insurance company and its lawyers will use anything you tell them against you. No matter what, do not lie. Even a small lie can ruin your credibility, so the best policy is to always tell the truth. |
Special Issues for Sibley Truck Drivers Hurt Out of State
Iowa is home to more than 20 trucking companies that hire employees from all over the United States and operate in most states. If a Sibley truck driver is hurt while working outside of Iowa, whether Iowa has jurisdiction over the resulting workers' compensation claim depends on several factors, including where the driver was physically located when hired and how often the driver works from Iowa.
How Iowa Determines Jurisdiction Under Section 85.71
Iowa Code Section 85.71, as amended on July 1, 2017, determines whether a workers' compensation case can be successfully brought in Iowa. There are several ways a Sibley truck driver hurt out of state may still fall under Iowa's jurisdiction.
Injured While Working in Iowa
Iowa Code provides subject matter jurisdiction for any and all personal injuries sustained by an employee arising out of and in the course of employment within the state.
Employer's Contract Specifies Iowa Law
Some trucking companies prefer to handle work injuries under Iowa law only, so they enter into a contract giving Iowa jurisdiction over work injuries regardless of where they occur, provided the driver also regularly works in Iowa.
Regularly Working at or From an Iowa Terminal
Even without a signed contract, jurisdiction may apply if it is usual or customary for the driver to work out of the employer's terminal in Iowa as the home terminal, picking up loads in the state and transporting loads within or through it. There is no requirement to spend a specific amount of time physically in the state.
Contract of Hire Made in Iowa
This depends on where the driver was physically located when accepting the job offer. If the driver was in Iowa at the time of acceptance and regularly works in Iowa, jurisdiction generally applies. If the offer was accepted by phone while in another state, Iowa likely does not have jurisdiction under this provision.
Why Jurisdiction Should Never Be Left to Chance
Subject matter jurisdiction is so important because an employer can raise the issue at any time, even after a trial has concluded and the case is on appeal. If the courts determine that Iowa does not have jurisdiction and a Sibley truck driver has not timely filed a claim in another state that does have jurisdiction, that driver could be left with no compensation for the work injury. This is true even if the employer initially admits it is an Iowa case, since the employer can later take a different position.
These cases can be complicated, and filing deadlines in other states can be as short as one year. It is important to work with an attorney experienced in Iowa subject matter jurisdiction law who also has a network of work injury attorneys in other states to assist, since sometimes an affidavit confirming another state lacks jurisdiction is needed, and other times a referral to an attorney in the state where the injury occurred is the right path forward.
Get Help Now In Sibley
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.