- West Burlington Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Throughout the vast highway systems, trucking accidents can lead to substantial upheaval, frequently resulting in severe injuries for those involved. In these chaotic scenarios, trucking injury lawyers act as unwavering supporters, providing guidance and assistance to survivors. These legal specialists excel in navigating the complex terrain of trucking regulations.
Should I Get a Car Accident Lawyer?
If you are considering hiring a car accident lawyer for your Iowa claim, it is essential to understand how qualified lawyers typically operate. Here are key points to consider:
1. No Up-Front Fees or Charges: Qualified car accident lawyers do not require a retainer or any initial payment. You do not have to pay any money up-front to secure their services.
2. Contingency Fee Basis: These attorneys are only paid if they win your case. This payment structure is known as a contingency fee. The fee is usually a percentage of the settlement or award:
- 30% if the case settles
- 33.33% if the case goes to litigation
- Up to 40% if the case is appealed
3. Selective Case Acceptance: Experienced lawyers do not take every case that comes their way. They only accept cases where they believe they can significantly impact the compensation you receive.
4. Comprehensive Case Management: The attorney will handle all interactions with insurance companies, obtain your medical records and bills on your behalf, and keep you informed about your case's progress.
If a lawyer you are considering does not follow these practices, it could be a red flag, and you might want to consult another lawyer. For example:
- Some firms accept every case, potentially neglecting some, including yours, if they deem it less promising.
- Others might ask you to obtain your own medical records and bills, indicating a lack of investment in your case.
When a Delivery Driver Causes a Commercial Truck Accident
According to the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. Accidents involving delivery trucks or other commercial vehicles often result in severe injuries. If you’ve been involved in such an accident in Iowa, here's what you need to know about liability and recovery.
Who’s Liable for a Car Accident Caused by a Commercial Driver?
In most cases, either the driver of the vehicle or the company that owns the truck will be held liable. If the driver is an employee of the trucking company, the company is usually liable under the legal doctrine of respondeat superior, which holds employers responsible for employees' actions while they are on the job.
If the driver is an independent contractor, the driver may be held liable instead of the company. There are instances where neither the driver nor the trucking company is liable, such as when a defective truck part causes the crash. In such cases, the manufacturer, shipper, or the party responsible for loading the truck’s cargo may be held liable.
How to Prove Liability
To prove liability in a commercial truck accident, you must demonstrate the negligence of the at-fault party. Examples of negligence include:
- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failing to adhere to traffic laws
Negligence is 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 a thorough investigation.
Truck Regulations and Laws for Truck Drivers in Iowa
Iowa has specific regulations and laws for truck drivers, in addition to those enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations can be crucial in a truck accident injury case, particularly if the driver violated any laws.
Iowa Laws for Truck Drivers
- Texting and Handheld Phone Ban: All drivers, including truck drivers, are banned from texting while driving. Talking on a handheld cell phone is also prohibited.
- Accident Reporting: An accident report must be filed in Iowa if:
- Property damage to all vehicles is $1,500 or greater
- At least one person is injured
- At least one person is killed
Specific rules apply to the transportation of hazardous materials, requiring appropriate placards on trucks. In the event of an accident involving hazardous materials, local law enforcement or Iowa State Patrol Communications, along with the Iowa DOT’s Office of Motor Vehicle Enforcement and the Iowa Department of Natural Resources (DNR), should be notified.
Injury Lawyers Can Review Truck Regulation Violations
Iowa's truck regulations include maximum weight and length requirements for vehicles operating on state roads and highways. If a violation of these laws caused a crash, an injury lawyer could help determine fault and liability. Victims can consult an attorney about potential regulation violations and their impact on a claim.
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.