Waukon Truck Accident Injury Attorneys

Across the vast domain of highway systems, trucking accidents can create considerable disruption, often causing severe injuries for those affected. In such turbulent scenarios, trucking injury lawyers act as steadfast supporters, offering guidance and assistance to survivors. These legal experts are adept at handling the intricate landscape of trucking laws and regulations.

Semi truck accidents are a serious matter, especially for motorists severely injured in crashes. Victims of large truck crashes have strong legal protections if they were not at fault in the accident. It's important that victims 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, such as 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. Common mechanical issues include depowered front brakes, failing to replace tires, and transmission failure. Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

A personal injury action, which may arise after an accident with a semi truck, must prove:

- A duty of care between the parties.
- The defendant breached that duty of care.
- The breach caused the injury to the claimant/plaintiff.
- 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 their percentage of fault. For example, if the victim was 10 percent at fault and suffered $10,000 in damages, the 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 one of these rules may be a sign of negligence. If it caused or contributed to an accident, the party in violation 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 legal action that results from the incident.

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, then 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.

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

Drivers struck by falling cargo from a large truck can file a truck accident claim. This is called an unsecured load, and unfortunately, most truck accident lawyers are very familiar with this situation. Many times, the cargo is secured inside a tractor trailer, but sometimes the cargo is not enclosed in a trailer.

The cargo, such as pipes, logs, and boxes, may be exposed. If the cargo is not secure, it can enter the roadway, creating a very dangerous hazard. An Iowa law firm in Waukon can help victims of accidents caused by loose cargo establish accident liability and recover compensation for damages.

Filing a Truck Accident Claim

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. This is because truck drivers and companies have a responsibility to keep cargo secure so that others are not injured. In addition, truck drivers have a duty to drive safely to prevent cargo from falling off the trailer and into the path of other vehicles.

A driver must suffer damages or injuries caused by the falling cargo in order to file a claim. Simply witnessing the act of cargo falling off a trailer does not warrant a claim. A lawyer with an Iowa law firm in Waukon can answer any questions about whether a client has a valid claim.

Determining Accident Liability

Determining liability is the most important part of a claim. If the truck driver was the one who loaded the cargo, they may be held responsible for causing the accident. If another employee of the trucking or shipping company loaded the cargo, they may bear some responsibility.

If the driver is hauling cargo for a trucking or shipping company, the truck company may be liable under a law called respondeat superior. This means that the company bears liability for any injuries or harmful acts caused by employees during the course of their employment. In order to hold the company liable, the victim must be able to prove that the truck driver or another employee of the trucking company was negligent. If a third party loaded the cargo, that party may be found to hold accident liability.

Another thing to consider is product defects. If the truck driver or others securely loaded the cargo but a defect with the trailer led to the cargo coming loose and spilling onto the roadway, the manufacturer of the trailer could hold accident liability.

In addition, multiple parties could be at fault for cargo-related accidents and injuries in a truck accident claim. Sometimes the trucking company and other companies could be held liable for damages. An Iowa law firm in Waukon can review the facts in a case and help establish accident liability.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life-threatening injuries. Although driver errors are oftentimes the cause of these accidents, sometimes it stems from truck company negligence. This could be the case if equipment problems are to blame, which may be the result of poor commercial truck maintenance.

Poor Maintenance and Trucking Company Negligence

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules pertaining to a variety of areas, with one being the upkeep of commercial vehicles. Every truck company is responsible for maintaining its big rigs.

Although manufacturing defects are sometimes to blame, many times it is a failure in commercial truck maintenance. When this is found to be a contributing factor in an accident or the outright cause of it, a truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain types of equipment are more likely to cause a crash or make the impact of one much worse. One example is brake failure. If a driver cannot stop, there is the potential of running into another vehicle. This can happen when brakes (pads or shoes) are worn and haven’t been replaced.

Trucks can also jackknife when front brakes are depowered or removed. This causes the trailer of the big rig to fold, which can crush or strike other vehicles nearby.

Tires are another common equipment problem. They can blow out, which can be dangerous with flying debris, and the driver could lose control of the vehicle. Worn tire treads, under or overinflated tires are just some of the issues that could cause an accident.

If the lights aren’t functioning adequately, it can make visibility difficult. The same is true with windshield wipers. As a result, if the driver cannot see well, it could cause or contribute to a crash.

Another potential problem could be with the trailer. If it isn’t properly attached to the cab, it may end up swinging out of control or completely detach. This puts others on the road at serious risk.

Damages That May Be Recoverable in a Claim Stemming from a Truck Accident

When the truck company’s negligence is the reason for an accident, compensation could be sought for the financial losses suffered, including:

- Ambulance services
- Hospitalization
- Follow-up doctor visits
- Medication
- Physical therapy
- Future medical expenses

Lost income, as a result of the healing and recovery period, may also be compensated. If the injuries are disabling and prevent the person from returning to work, or if the individual must perform job tasks that pay less because of impairment, these financial losses may also be considered in a truck accident claim.

Property damage to the victim’s vehicle would also be addressed. If the vehicle is totaled, the replacement value may be factored into the claim value.

Physical losses could include damages for:

- Pain and suffering
- Disability
- Disfigurement
- Reduced quality of life

Emotionally, there may be compensation that addresses mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the accident.

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.