Sigourney Truck Accident Injury Attorneys

The broad spectrum of highways often sees trucking accidents resulting in substantial disturbances and severe injuries. During these challenging times, trucking injury lawyers provide essential support, offering guidance and assistance to those impacted. These legal experts navigate the complex field of trucking laws and regulations.

I Was Injured In an Accident With a Semi Truck - What Are My Legal Options?

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. It's important that victims understand their rights and responsibilities when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

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 Truck Accident Cases

A personal injury action, which may arise after an accident with a semi truck, must prove:
- A duty of care between the parties.
- The defendant breached that duty of care.
- The breach caused the injury to the claimant/plaintiff.
- The claimant/plaintiff 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 the 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. However, the victim's damages are reduced by the individual's percentage of fault – so if the victim was 10 percent at fault and suffered $10,000 in damages, damages are reduced by $1,000.

Liable Parties after the Crash and Challenges in Accident Cases

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. 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. These companies are responsible for their drivers' actions, so if one of them caused your accident, it may be liable in any legal action that results from the incident.

Trucks often carry onboard devices that record driver actions while the truck is on the road. Companies maintain these records and other logbooks according to federal laws and company policies. If a victim thinks these records – or other evidence in the truck company's possession – could be relevant in a legal action, then an attorney can send a spoliation letter to the company to preserve it. For this reason and others, contacting an attorney after a truck accident is often a good idea for accident victims.

Truck Regulations or Laws for Truck Drivers in Iowa

Yes, there are truck regulations and laws for truck drivers in Iowa. Some of these are in addition to regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). Such regulations and laws may be cited by an injury lawyer when bringing a truck accident injury case, especially if the driver was in violation of law.

Iowa Laws for Truck Drivers

One of the laws in Iowa pertains to texting. All drivers, including those who operate semi-trucks, are banned from texting while driving. Talking on a hand-held cell phone is also prohibited.

In terms of accident reporting, an accident report must be filed in Iowa if any of the following is true:
- Property damage of all vehicles is $1,500 or greater.
- At least one person is injured.
- At least one person is killed.

Further, and more specific to truckers, the Iowa Department of Transportation (DOT) enforces rules pertaining to the transportation of hazardous materials. This falls under the Transportation of Hazardous Materials Driving and Parking Rules. Trucks transporting such material are required to have a placard.

If there is an accident in Iowa involving a truck carrying hazardous materials, local law enforcement or Iowa State Patrol Communications should be notified. Other agencies that will get involved include the Iowa DOT’s Office of Motor Vehicle Enforcement and the Iowa Department of Natural Resources (DNR).

Injury Lawyers Can Review Truck Regulation Violations

Laws for truck drivers are numerous and also include maximum weight and length requirements when operating on Iowa’s roads and highways. If there is a concern that a law or regulation was violated and it was the cause of a crash, an injury lawyer may help sort out fault and liability for the accident. Victims can consult an attorney about the truck regulations that may have been violated and discuss how it may affect a claim.

Seeking Damages After an Iowa Semi Truck Accident

To fight for damages after an Iowa truck accident, you will have to file a truck accident claim with the responsible insurance company. Once this has been done, the insurance company will send an adjuster to evaluate your damages. Keep in mind that an adjuster works for the insurance company and generally will not have your best interests in mind.

Some of the insurance industry tricks that you must be careful of include:
- An insurance adjuster who underestimates the value of your claim.
- An insurance adjuster who delays an investigation in an attempt to frustrate you into accepting their settlement offer.
- An insurer that uses its own medical professionals to downplay your personal injury or claim that you had a pre-existing condition.

If the insurer refuses to pay you what you deserve, then you may have to pursue compensation in an Iowa truck accident lawsuit. In an Iowa truck accident lawsuit, your lawyer can represent your interests in a formal court of law.

Determining Liability After an Iowa Truck Accident

In an Iowa truck accident lawsuit, you will have to prove that the defendant's negligence was the cause of your personal injuries. When doing so, you may be able to claim damages from several responsible parties. These parties may include:
- The driver of the truck.
- The trucking or shipping company.
- The safety director of the company.
- The vehicle inspector.
- The manufacturer of the truck.

An Iowa truck accident lawyer can investigate your case to determine liability and can represent your interests in an Iowa truck accident lawsuit. This way, you can focus on recovery, instead of dealing with insurance adjusters and tedious settlement negotiations.

Large commercial trucks and tractor-trailers are heavy, difficult to maneuver, and obstructive of other drivers' views. Under any conditions, these tremendous vehicles are generally the most dangerous vehicles on the road. As a result of these dangers, an Iowa semi truck accident can have devastating consequences.

If you have been injured in an Iowa truck accident, you may be faced with medical bills, permanent disability, and lost wages. In any of these cases, you may be eligible for compensation. To file a claim, you can get the professional help of an Iowa truck accident attorney.

The 5 Most Common Types of Fatal Semi Truck Accidents

The five most common types of fatal truck accidents include:
1. Underride accidents - These accidents occur when smaller passenger vehicles drive underneath large commercial trucks.
2. Override accidents - This type of accident occurs when a larger commercial truck drives over a smaller vehicle, motorcycle, or pedestrian.
3. Jackknife accident - This type of accident can occur when a semi suddenly hits its brakes, and the trailer folds into the truck.
4. Head-on collisions.
5. Rollovers.

While these are the five most common scenarios seen in an Iowa truck accident, a truck accident won't necessarily fall within these categories.

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.