West Union Truck Accident Injury Attorneys

The broad spectrum of highway systems often witnesses trucking accidents causing major disruptions and serious injuries. During these tough situations, trucking injury lawyers offer essential support and guidance to those impacted. These legal experts are well-versed in the complexities of trucking laws and regulations.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe, often resulting in serious, disabling, or life-threatening injuries for the drivers and occupants of smaller passenger cars. While driver errors are often 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 result from 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, including 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. Common equipment issues include:

- 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, causing the trailer to fold and potentially crush or strike other vehicles nearby.
  
- Tire Problems: Tires can blowout, which can be dangerous with flying debris and can cause the driver to lose control. Worn tire treads, under or overinflated tires are just some of the issues that could lead to an accident.
  
- Visibility Issues: If the lights aren’t functioning adequately, it can make visibility difficult. The same is true with windshield wipers. If the driver cannot see well, it could cause or contribute to a crash.
  
- Trailer Problems: If the trailer isn’t properly attached to the cab, it may swing out of control or completely detach, putting others on the road at serious risk.

FMCSA Regulations for Commercial Truck Maintenance

The FMCSA enforces regulations to ensure the proper maintenance of large trucks. Some of these regulations include:

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

FMCSA Regulations for Inspectors

Certain types of inspections require that those conducting them meet special qualifications. For example, brake inspectors must have adequate training and experience. Truck companies must maintain evidence of the inspector’s qualifications, kept on file throughout employment and for an additional year after the employee leaves.

Important Equipment for Truck Safety

Certain types of equipment on a truck are especially important to keep properly maintained. In addition to brakes, it’s just as critical to keep in good condition:

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

Damages Recoverable in a Claim Stemming from a Truck Accident

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

- Medical Expenses: Ambulance services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical expenses.
- Lost Income: Compensation for lost income due to the healing and recovery period. 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: Compensation for property damage to the victim’s vehicle or replacement value if the vehicle is totaled.
- Physical Losses: Damages for pain and suffering, disability, disfigurement, and reduced quality of life.
- Emotional Damages: Compensation for mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the accident.

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

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

1. Know Your Facts and the Law

If you are handling a case on your own, you need to know the facts of your case and how Iowa laws apply to them. Insurance adjusters are trained to use different techniques to convince you to settle your case for less than fair value. One common technique is acting as your friend and telling you that you don’t need a lawyer. However, what they won’t tell you is that it is legal for them to lie, cheat, and steal from you to settle your case for less than it is worth.

2. You Do Not Have to Give a Recorded Statement

In most cases, you are not required to give the insurance adjuster for the other side a recorded statement, especially if there is a police report. Politely decline and refer the adjuster to the police report and your medical records. If you are unsure, consult with a qualified Iowa personal injury attorney.

3. Always Tell the Truth

Honesty is the best policy. Insurance companies have massive databases with information about prior claims you have made. If you lie, it could hurt the value of your case.

4. Ask the Adjuster About Insurance Coverage

In car accident and personal injury cases, ask the adjuster how much insurance coverage is available. They might not disclose this information, but it’s crucial to know, especially if you have sustained a serious injury.

5. Making Threats Will Not Help Your Case

Insurance adjusters are trained professionals whose job is to pay you as little as possible. Making threats will not help and may even reduce the value of your case. Stay calm and negotiate professionally.

6. Do Your Research

It is difficult to negotiate if you do not know the value of your case. Research similar cases in Iowa and how much judges or juries awarded. This will help you understand what a fair settlement looks like.

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.