State Center Truck Accident Injury Attorneys

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

Can I File a Truck Accident Claim if My Vehicle Was Struck by Falling Cargo and Not the Truck Itself?

Filing a Truck Accident Claim

Drivers struck by falling cargo from a large truck can indeed file a truck accident claim. This situation, known as an unsecured load, is unfortunately all too familiar to many truck accident lawyers. While cargo is typically secured inside a tractor-trailer, there are instances when the cargo is exposed and not enclosed in a trailer. Common examples of such cargo include pipes, logs, and boxes.

When this cargo is not properly secured, it can fall onto the roadway, creating hazardous conditions. An Iowa law firm in State Center can assist victims of accidents caused by loose cargo in establishing accident liability and recovering compensation for damages.

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. Truck drivers and companies are responsible for securing their cargo to prevent injuries to others. Additionally, truck drivers must drive safely to ensure that cargo does not fall off the trailer into the path of other vehicles.

To file a claim, a driver must suffer damages or injuries caused by the falling cargo. Simply witnessing cargo falling off a trailer does not warrant a claim. An Iowa law firm can provide answers regarding the validity of a potential claim.

Determining Accident Liability

Determining liability is crucial in a truck accident claim. If the truck driver loaded the cargo, they might be held responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, that employee may bear some responsibility.

If the driver is hauling cargo for a trucking or shipping company, the company may be liable under the law of respondeat superior, meaning the company bears liability for any injuries or harmful acts caused by employees during their employment. To hold the company liable, the victim must prove that the truck driver or another employee was negligent. If a third-party loaded the cargo, that party might also hold liability.

Product defects should also be considered. If the truck driver or others securely loaded the cargo, but a trailer defect caused the cargo to spill, the trailer manufacturer could hold liability.

In cargo-related accidents, multiple parties might be at fault, including the trucking company and other associated entities. An Iowa law firm in State Center can review the case facts to help establish accident liability.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents can be especially severe, often resulting in serious, disabling, or life-threatening injuries for drivers and passengers of smaller vehicles. While driver errors frequently cause these accidents, sometimes poor commercial truck maintenance stemming from truck company negligence is to blame.

Poor Maintenance and Trucking Company Negligence

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, enforcing rules for maintaining commercial vehicles. Truck companies are responsible for the upkeep of their rigs.

While manufacturing defects sometimes cause equipment problems, poor maintenance is often the culprit. When inadequate maintenance contributes to or causes an accident, the truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain equipment problems are more likely to cause crashes or exacerbate their severity:

- Brake Failure: If a driver cannot stop due to worn brake pads or shoes, the potential for a collision increases.
- Jackknifing: This occurs when front brakes are depowered or removed, causing the trailer to fold and potentially crush or strike other vehicles.
- Tire Issues: Blowouts, worn treads, or improper inflation can cause dangerous situations where the driver loses control.
- Lighting and Visibility: Malfunctioning lights or windshield wipers can impair the driver’s visibility, increasing the risk of an accident.
- Trailer Problems: If the trailer is not properly attached to the cab, it can swing out of control or detach, posing a serious risk to other road users.

Recoverable Damages in a Truck Accident Claim

When truck company negligence causes an accident, victims can seek compensation for various losses:

- Medical Expenses: This includes ambulatory services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical costs.
- Lost Income: Compensation may cover lost wages during recovery, reduced earning capacity due to disability, or job changes due to impairment.
- Property Damage: Repair or replacement costs for the victim’s vehicle.
- Non-Economic Damages: Pain and suffering, disability, disfigurement, reduced quality of life, and emotional distress.

Legal Help to Prove Truck Company Negligence

Proving truck company negligence often results in significant compensation but requires thorough investigation. Walker, Billingsley & Bair can investigate crashes and help victims determine if truck company negligence, such as poor maintenance, was a contributing factor.

Should I Get a Car Accident Lawyer?

If you are considering hiring a car accident lawyer for your Iowa claim, here are some important points to consider:

1. No Up-Front Fees: Most qualified lawyers work on a contingency fee basis, meaning you only pay if they win your case.
2. Selective Case Acceptance: Reputable lawyers only take cases where they believe they can make a significant difference in the compensation you receive.
3. Comprehensive Legal Assistance: Lawyers handle all communications with insurance companies, obtain medical records and bills, and keep you informed throughout the process.

If a lawyer you are considering deviates from these standards, it might be a red flag. Some firms take every case that comes through the door, potentially spending less time on each one. Others might ask you to gather your medical records and bills, indicating a lack of investment in your 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.