Stuart Truck Accident Injury Attorneys

Trucking accidents within the extensive highway networks often cause significant interruptions, frequently resulting in severe injuries. During these difficult situations, trucking injury attorneys act as trustworthy allies, offering support and assistance to those impacted. They navigate the intricate aspects of trucking laws and regulations.

Semi truck accidents are a serious matter, especially for motorists who are severely injured in these crashes. Victims of large truck crashes have strong legal protections if they were not at fault in the accident. It's crucial for victims to 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. Common errors include sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems account for many other crashes. Issues like depowered front brakes, failing to replace tires, and transmission failure are common mechanical problems. Additionally, loading errors, improper securing of loads, improper load distributions, and manufacturing errors can also cause truck accidents.

Establishing Negligence in Truck Accident Cases

A personal injury action arising from an accident with a semi truck must prove the following:
1. A duty of care between the parties.
2. The defendant breached that duty of care.
3. The breach caused injury to the claimant/plaintiff.
4. 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 aspects such as how long a driver can stay on the road without a break, mandatory drug testing for drivers, and load weight limitations. A violation of these rules may indicate negligence. If it caused or contributed to an accident, the violating party can be liable.

A trucking company could be held liable if 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 resulting legal action.

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, 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.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

We all want to be treated fairly in life, whether by an employer or an insurance company. Here are six little-known secrets to help you get a fair settlement:

1. Know Your Facts and the Law
   If you handle a case on your own, you need to know the facts of your case and how Iowa laws apply. Otherwise, the insurance adjuster will push you around. Adjusters are trained to convince you to settle for less than fair value. One common technique is acting as your friend, claiming you don't need a lawyer and that they will give you a fair settlement. However, adjusters can legally lie, cheat, and steal from you to settle your case for less.

2. You Do Not Have to Give a Recorded Statement
   In most cases, you are not required to give the insurance adjuster a recorded statement, especially if there is a police report. You should politely decline and refer the adjuster to the police report and your medical records. In some cases, such as claims against your own insurance company for UIM (underinsured motorist) or UM (uninsured motorist), you may be required to provide a recorded statement. If unsure, consult a qualified Iowa personal injury attorney. We offer a no-cost, no-risk injury evaluation at 641-792-3595.

3. Always Tell the Truth
   Honesty is the best policy. Insurance companies have massive databases with information about any prior claims you have made. Lying about previous claims can hurt the value of your case.

4. Ask the Adjuster About Insurance Coverage
   Asking the adjuster about available insurance coverage can catch them off guard. They may not disclose this information, preferring to hide it. Under Iowa law, the state minimum for car accidents is $20,000 per person for personal injuries. For serious injuries, you may need to look at your UIM policy for additional coverage. There are specific requirements to follow, such as obtaining permission from your insurance company before agreeing to a settlement.

5. Making Threats Will Not Help Your Case
   Insurance adjusters are trained to pay you as little as possible. Threats like "I am going to sue you" do not help. They have teams of lawyers ready to defend your case. Anger can weaken your position, and threats do not bother them.

6. Do Your Research to Know How Much Your Case Is Worth
   It is difficult to negotiate without knowing your case's value. Research similar cases in Iowa and their outcomes. Without this information, negotiations are challenging.

 Why Hire a Car Accident Attorney?

If you or someone you care about has been injured in a car crash, you may wonder if you need to hire an attorney. Here are examples of when you may not need one:
1. If you only sustained property damage to your vehicle and the insurance company has covered it.
2. If your injuries are minor and required minimal medical treatment.
3. If you can reach a fair settlement with the insurance company, ensuring everything is in writing, including who pays for medical bills and insurance repayments.

However, consult an attorney if:
1. You have been hospitalized for your injuries.
2. You required surgery.
3. You have permanent injuries caused by the crash.
4. The other driver was under the influence of alcohol or drugs.

An attorney can help protect your rights and ensure you receive deserved compensation. Common mistakes by self-represented individuals include:
1. Accepting too low an offer and having to repay health insurance from the settlement, leaving no compensation.
2. Accepting policy limits without verifying other coverage or assets.
3. Failing to contact their own insurance company for UIM compensation and not following proper steps.

A qualified Iowa car accident attorney can:
1. Protect your rights under Iowa law.
2. Handle contact with insurance companies.
3. Find all applicable insurance policies for the best recovery.
4. Deal with subrogation companies, hospitals, and medical providers to maximize your compensation.
5. Provide experienced advice on case value and represent you in court if necessary.

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.