Urbana Truck Accident Injury Attorneys

The broad expanse of highways often sees trucking accidents resulting in substantial disruptions and severe injuries. In such tough circumstances, trucking injury lawyers provide essential support, offering survivors guidance and advice. They are experts in the complex framework of trucking laws and regulations.

Should I Get a Car Accident Lawyer?

If you are considering hiring a car accident lawyer for your Iowa claim, it's essential to understand how qualified lawyers typically operate. This understanding can help you make an informed decision about whether hiring a lawyer is the right choice for you. Here are some key points about the standard practices of reputable car accident lawyers:

1. No Up-front Fees or Charges: Reputable lawyers do not require a retainer or any money upfront. This means you do not have to worry about paying out of pocket before any work begins on your case.

2. Contingency Fees: Lawyers are generally paid only if they win your case. This is known as a contingency fee. The fee is usually a percentage of the settlement or judgment. It typically ranges from 30% if the case settles, 33.33% if it is litigated, and up to 40% if it goes to appeal.

3. Selective Case Acceptance: Attorneys do not take every case that comes through their door. They evaluate potential cases to determine if they can make a significant difference in the compensation you receive.

4. Comprehensive Case Management: The lawyer will handle all contact with the insurance companies, obtain your medical records and bills on your behalf, and keep you updated about the progress of your case.

If the lawyer you are considering does not follow these practices, it might be a red flag, and you should consider consulting with another lawyer. For example:

- Some law firms may accept every case indiscriminately, hoping that a few will be profitable. This approach often means they spend less time on individual cases, which might include yours.
  
- Other lawyers might save on time and expenses by asking you to gather your medical records and bills. If a lawyer is not willing to invest in obtaining these documents, they may not be fully committed to your case.

Systems That Prove Fault in Iowa Car Accidents

Understanding how fault is determined in Iowa car accidents is crucial. Iowa follows the "rules of the road," detailed in Iowa Code Chapter 321, which covers various scenarios, from duty to yield at intersections to responsibility for striking a disabled car. Here are some common ways fault can be proven:

Comparative Fault

Iowa is a comparative fault state, meaning the fault of each driver involved in a car accident is compared. For instance, if one driver is speeding and the other fails to yield, the fault will be assessed by a judge or jury. If a driver is found to be 51% or more at fault, they cannot recover any damages. If they are 50% or less at fault, their damages are reduced by their percentage of fault. For example, if a driver has $100,000 in damages but is 25% at fault, they can only recover $75,000.

Common Fault Determinants

1. Rear-End Collisions: Typically, the rear driver is at fault due to failure to stop within an assured distance, failure to maintain control, or following too closely. Iowa law specifies that drivers must stop within a distance that allows them to avoid collisions with noticeable objects reasonably expected on the highway.

2. Failing to Yield: This includes failing to yield at uncontrolled intersections, when pulling in front of oncoming traffic, during passing, and more. Iowa law requires yielding to the vehicle on the right at intersections and to oncoming traffic when making a left turn.

3. Traffic Control Device Violations: Failing to stop at stop signs or red lights often results in the violating driver being found at fault. Iowa law is specific about stopping at the appropriate lines or crosswalks and yielding to pedestrians and other vehicles lawfully within the intersection.

Detailed Legal Requirements

- Assured Clear Distance Ahead: No person shall drive any vehicle on a highway at a speed greater than will permit them to stop within the assured clear distance ahead.
- Following Too Closely: Drivers must not follow another vehicle more closely than is reasonable, considering the speed of the vehicles, traffic, and highway conditions.
- Meeting and Turning Right: Vehicles meeting each other on any road must yield half of the road by turning to the right.
- Approaching or Entering Intersections: Vehicles must yield to the vehicle on their right when entering an intersection simultaneously.
- Backing onto a Highway: Drivers must not reverse onto a highway unless it can be done safely.
- Driving on the Right Half of the Road: Vehicles must stay on the right half of the road, except when overtaking, when there is an obstruction, or on a one-way street.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, including commercial truck maintenance. These regulations are crucial for ensuring the safety of large trucks on the road. Truck companies are responsible for maintaining their vehicles to prevent accidents due to mechanical failures.

Examples of FMCSA Truck Maintenance Regulations

1. Recordkeeping: Truck companies must keep records of inspections, repairs, and maintenance performed.
2. Correcting Violations: Any violations or defects noted on roadside inspection reports must be corrected.
3. Post-Trip Inspections: Drivers must complete a post-trip inspection report at the end of each driving time.
4. Periodic Inspections: Trucks must undergo periodic inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections require inspectors to meet special qualifications. For example, brake inspectors must have adequate training and experience. Truck companies must maintain evidence of an inspector's qualifications on file throughout their employment and for one year after they leave.

Important Equipment for Truck Safety

Key equipment that must be properly maintained includes:

- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

All inspection, repair, and maintenance records must be kept by the truck company at the vehicle's garage location and for six months after the vehicle is sold, scrapped, or otherwise handled. If poor truck maintenance is suspected as the cause of a crash, the truck company can be considered negligent and liable for injuries.

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.