• Story City Truck Accident Injury Attorneys
  • Phone: 641-792-3595
  • Directions

 Across the broad expanse of highways, trucking accidents can cause substantial disruption, frequently leading to severe injuries for those involved. During these tumultuous times, trucking injury lawyers act as steadfast advocates, providing support and direction to survivors. These legal professionals excel in navigating the complex terrain of trucking regulations.

Understanding Your Rights After a Truck Accident Involving Falling Cargo

Accidents involving falling cargo from a large truck can be as dangerous and damaging as direct collisions. If your vehicle was struck by falling cargo, such as pipes, logs, or boxes, you have the right to file a truck accident claim. This situation, known as an unsecured load, is familiar to many truck accident lawyers. Often, cargo is secured inside a tractor-trailer, but sometimes it is not enclosed and becomes a hazardous road obstacle. An Iowa law firm in Story City can help victims of such accidents establish liability and recover compensation for damages.

Filing a Truck Accident Claim

Even if the truck did not physically collide with your vehicle, you can still file a truck accident claim if falling cargo caused your damages or injuries. Truck drivers and companies have a responsibility to secure their cargo to prevent accidents. Victims must suffer actual damages or injuries caused by the falling cargo to file a claim. Simply witnessing cargo falling off a trailer does not warrant a claim. Consult with an attorney from an Iowa law firm in Story City to determine the validity of your claim.

Determining Accident Liability

Establishing liability is crucial in a truck accident claim involving falling cargo. If the truck driver loaded the cargo, they might be held responsible. If another employee of the trucking or shipping company loaded the cargo, they could bear some responsibility. 

If the driver was hauling cargo for a trucking or shipping company, the company might be liable under the law of respondeat superior, which holds companies responsible for employees' actions during 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 be liable.

Product defects are another consideration. If the cargo was securely loaded but a defect in the trailer led to the cargo spilling, the trailer manufacturer might be liable. Multiple parties could be at fault, and an Iowa law firm in Story City can help establish liability based on the specifics of the case.

Systems That Prove Fault in Iowa Car Accidents

Overview of Iowa Car Accident Laws

Iowa follows specific rules of the road detailed in Iowa Code Chapter 321, covering various scenarios such as yielding at intersections, responsibilities for striking disabled cars, and yielding to pedestrians. Iowa operates under a comparative fault system, meaning the fault of drivers involved in an accident is compared. A driver found 51% or more at fault cannot recover damages, while a driver 50% or less at fault can recover damages reduced by their percentage of fault.

Common Ways to Prove Fault

1. Failure to Stop Within an Assured Distance, Maintain Control, or Follow Closely
   - These violations are common in rear-end collisions. The law requires drivers to stop within an assured clear distance, maintain control of their vehicle, and not follow too closely.

2. Failing to Yield
   - This includes various scenarios such as yielding at uncontrolled intersections, yielding when turning left, or failing to yield to pedestrians. Specific Iowa laws detail the requirements for yielding in different situations.

3. Failing to Obey Traffic Control Devices
   - Common in accidents where a driver runs a red light or stop sign. Iowa law specifies the actions drivers must take when faced with different traffic signals.

Understanding Comparative Fault

In Iowa, comparative fault determines the amount of damages a driver can recover. If a driver is found partially at fault, their compensation is reduced by their percentage of fault. For instance, if a driver is 25% at fault for an accident and incurs $100,000 in damages, they can recover $75,000.

When to Consider Hiring a Car Accident Lawyer

If you're considering hiring a car accident lawyer for your Iowa claim, understand that qualified lawyers usually operate under the following conditions:

1. No Up-Front Fees or Charges
   - You do not need to pay a retainer or any initial fees.

2. Contingency Fee Basis
   - The attorney is paid a percentage of the settlement only if they win your case.

3. Selective Case Acceptance
   - Lawyers take cases where they believe they can significantly impact the compensation you receive.

4. Comprehensive Handling of Your Case
   - The attorney manages all interactions with insurance companies, obtains your medical records, and keeps you updated.

Red Flags to Watch Out For

- Lawyers Who Take Every Case
   - These firms may not dedicate sufficient time to each case.
- Lawyers Who Ask Clients to Obtain Medical Records
   - This indicates a lack of investment in your case.

At our office, we handle all injury cases on a contingency fee basis, never requiring up-front payments. We take cases where we believe we can make a difference and handle all necessary documentation and interactions on behalf of our clients.

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.