Traer Truck Accident Injury Attorneys

The wide expanse of highways often witnesses trucking accidents causing significant disturbances and severe injuries. In such tough times, trucking injury lawyers serve as reliable allies, offering support and advice to those affected. These attorneys specialize in the detailed realm of trucking laws and regulations.

When a Delivery Driver Causes a Commercial Truck Accident

Accidents involving commercial vehicles, including delivery trucks, can lead to serious injuries and complex legal issues. If you've been involved in such an accident in Iowa, here's what you need to know about recovery and liability.

Who’s Liable for a Car Accident Caused by a Commercial Driver?

Liability in commercial vehicle accidents typically falls on either the driver or the company that owns the truck. If the driver is an employee of the trucking company, the company is usually held liable under the legal doctrine of respondeat superior, which holds employers responsible for their employees' actions while they are performing job-related duties. However, if the driver is an independent contractor, liability may fall on the driver rather than the company. 

In cases where a product malfunction or defective part caused the crash, the manufacturer, the shipper, or the party responsible for loading the truck may be held liable instead.

How to Prove Liability

To hold the at-fault party accountable, you must prove negligence. Examples of negligence include:
- Failing to perform vehicle inspection or maintenance
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failure to adhere to traffic laws

Negligence is defined as any action or failure to act reasonably, compared to what another person would do in the same situation. Be prepared for the trucking company to conduct its own investigation into the accident.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents often result in severe injuries, especially for occupants of smaller vehicles. While driver errors frequently cause these accidents, sometimes the root cause is truck company negligence related to poor maintenance.

Poor Maintenance and Trucking Company Negligence

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, including the maintenance of commercial vehicles. Trucking companies are responsible for ensuring their trucks are properly maintained. Failure to do so can lead to accidents and subsequent liability.

Types of Truck Equipment Problems

Common equipment problems include:
- Brake Failure: Worn brakes can lead to an inability to stop, causing crashes.
- Tire Issues: Blowouts, under-inflated, or worn tires can result in loss of control.
- Lighting and Visibility: Malfunctioning lights and windshield wipers impair visibility, increasing the risk of accidents.
- Trailer Problems: Improperly attached trailers can swing out of control or detach, posing serious risks to other road users.

Recoverable Damages in a Claim Stemming from a Truck Accident

If truck company negligence is to blame, you may recover damages for:
- Medical expenses (ambulatory services, hospitalization, follow-up visits, medication, physical therapy, and future medical costs)
- Lost income (due to recovery period or disability)
- Property damage (vehicle repairs or replacement)
- Physical and emotional damages (pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, PTSD)

I Was Injured in an Accident With a Semi Truck

Semi truck accidents can result in severe injuries and require a strong legal approach to secure compensation. Here’s what you need to know:

Causes of Semi Truck Accidents

Common causes include:
- Driver Errors: Sleep deprivation, drug use, speeding, distractions, work stress, and unfamiliarity with the road.
- Mechanical Problems: Depowered brakes, tire failures, transmission issues.
- Loading Errors: Improper securing and distribution of loads.
- Manufacturing Errors: Defective parts or systems.

Establishing Negligence in Truck Accident Cases

To succeed in a personal injury claim, you must prove:
- A duty of care between the parties
- A breach of that duty
- The breach caused your injury
- You suffered damages

Iowa follows a modified comparative fault system, meaning you can recover damages if you are less than 51 percent at fault, but your recovery will be reduced by your percentage of fault.

Liable Parties and Challenges in Accident Cases

Potentially liable parties include trucking companies, mechanics, truck manufacturers, and loaders. FMCSA regulations govern driver hours, drug testing, and load limits. Violations of these regulations can indicate negligence.

Trucking companies maintain records and logbooks that can be crucial in a legal case. An attorney can issue a spoliation letter to preserve this evidence. Contacting an attorney promptly after a truck accident is advisable.

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.