Asbury Truck Accident Injury Attorneys

A truck accident can change your life in an instant. Whether you were struck by a delivery vehicle on U.S. 20 near Asbury or sideswiped by a commercial carrier on your morning commute, the injuries that follow these crashes are often severe and long-lasting. In the aftermath, you are likely facing mounting medical bills, missed time from work, and pressure from insurance companies who are not looking out for your interests. Knowing your rights and understanding who is responsible for your losses is the first and most important step toward protecting yourself and your family.

The attorneys at Walker, Billingsley & Bair have been representing injured Iowans for over 28 years. If you or someone you love has been hurt in a truck accident in or around Asbury, the information below will help you understand liability, your options for covering medical expenses, and the steps you need to take right now to protect the value of your claim.

Delivery Trucks and Commercial Vehicles: What Iowa Law Says

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered to be a commercial vehicle. That classification matters enormously when an accident occurs, because it affects who can be held responsible for your injuries and how the claims process works. When accidents involving commercial vehicles happen, the injuries tend to be far more serious than those in ordinary car crashes, largely because of the size and weight difference between a commercial truck and a standard passenger vehicle.

If you have been involved in an accident with a commercial vehicle in Iowa, you need to understand what the law says about liability and how to pursue fair compensation. Doing this on your own, while recovering from injuries and navigating a complex insurance system, is an enormous challenge. That is why having an experienced Iowa truck accident attorney on your side can make all the difference.

Who Is Liable When a Commercial Driver Causes an Accident?

In the majority of commercial truck accident cases, one of two parties will be held liable: the driver of the vehicle, or the company that owns the truck. Figuring out which party bears responsibility depends heavily on the employment relationship between the driver and the trucking company.

If the driver is an employee of the trucking company, the company will generally be held liable under the legal doctrine of respondeat superior. This legal principle, recognized by the Cornell University Law School's Legal Information Institute, holds that an employer is responsible for the actions of its employees while those employees are acting within the scope of their employment. In simple terms, if a company's driver caused your accident while making a delivery or hauling a load for that company, the company itself is accountable.

If the driver is an independent contractor rather than a direct employee, the situation becomes more complicated. In those cases, the driver may bear personal liability rather than the company that hired them. It is important to note, though, that the driver and trucking company are not always the only potential defendants. In certain circumstances, neither the driver nor the company will be the responsible party. For example, if a defective part on the truck caused the crash, the manufacturer of that component may be held liable. Similarly, the shipper or the party responsible for loading the truck's cargo can be held accountable when improper loading contributes to the accident.

How to Prove Negligence in a Commercial Truck Accident Case

If you have been in an accident caused by a commercial driver, you will need to prove the negligence of the at-fault party. Negligence is essentially any time someone acts or fails to act reasonably compared to what another person in the same situation would do. In commercial truck accident cases, negligence can take many forms, including:

• Failing to perform an inspection of or maintenance on the vehicle
• Improper loading of cargo
• Impaired driving
• Speeding
• Aggressive driving
• Failure to adhere to traffic laws

You should also be prepared for the trucking company to conduct its own investigation into the crash. These companies have experienced legal and insurance teams whose job is to minimize their exposure. That is why it is critical to begin building your own case as early as possible and to work with an attorney who understands how these investigations unfold.

Who Will Pay Your Medical Bills After an Asbury Truck Accident?

One of the most pressing and confusing questions after a truck accident is who is going to pay your medical bills. In Iowa personal injury cases, the answer is rarely as simple as most people expect. Rarely will the other driver's insurance company make payments for your medical bills as they are incurred. This is true even when the other driver's liability is obvious and the insurance company has already paid for your vehicle damage. Insurance companies are not required to make ongoing payments during your recovery, and they routinely hold off on any payment until the time of a final settlement, when they can obtain a release from you.

That means you cannot afford to sit and wait for the at-fault party's insurer to cover your care. Instead, you should look to one of the following means to obtain payment of your medical bills:

• Your own health insurance through your employment benefits package
• Health insurance you have purchased personally
• Health insurance obtained by your spouse on your behalf, or by your parents if you are a minor living at home
• Medical payments insurance coverage from your own auto insurance policy, whether you were driving your own vehicle or were a passenger in someone else's
• Coverage through HealthCare.gov or Medicaid, if you do not have other coverage and may qualify under the Affordable Care Act
• Your own personal funds, if you are uninsured and have the ability to pay bills as they come in

If you do not have sufficient funds to cover your medical providers, our office can help facilitate assignment arrangements. Through these arrangements, you authorize our office to pay your medical providers directly from any settlement or verdict. This often satisfies health providers and allows them to wait for payment rather than pursue collection actions against you during what is already a difficult time.

Understanding Subrogation

It is important to understand that nearly all insurance policies contain a subrogation provision. This means that if you use your own health insurance to cover your medical bills, and you later receive compensation from the at-fault driver's insurance company or through a legal verdict, your health insurer has the right to seek reimbursement from that recovery. This is a normal part of the process, and an experienced attorney can help you navigate these provisions in a way that maximizes what you actually keep at the end of your case.

Five Critical Steps to Protect Your Truck Accident Claim

Regardless of whether you decide to hire an attorney or handle your case on your own, there are five actions that are critical to receiving a fair and just settlement for your injuries. Failing to take these steps can seriously damage your claim and reduce the compensation you are entitled to.

1. Tell Your Doctor Everything That Hurts

One of the most critical pieces of evidence in your case is how you feel and how your injuries have affected your ability to function every day. Your doctor is required to keep accurate and detailed records of your medical history and care. Those records include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. Insurance companies will base their settlement offers on this information. If you fail to tell your doctor about every symptom you are experiencing, not only will those symptoms go untreated, but no one in the claims process will know about them. If you begin to mention a new problem weeks or months after the accident, the insurance company will claim it was not caused by the crash and reduce their offer accordingly.

2. Follow Your Doctor's Orders

If your doctor prescribes physical therapy three times per week and you only go once, you are handing the insurance company a reason to deny the full value of your claim. The insurer will argue that you could not have been seriously injured, or you would have followed your doctor's recommendations. Consistent compliance with your prescribed treatment is not just important for your physical recovery. It is also vital to the strength of your legal case.

3. Keep a Daily Diary of Your Injuries

Most people do not think to write down how they are feeling day to day, but doing so can make a significant difference in the outcome of your claim. A diary provides accurate accounts of your injuries and how they affected your ability to work, care for your family, and enjoy everyday activities. When insurance adjusters and attorneys evaluate your case months down the road, the details you recorded in real time are far more persuasive than vague recollections. A well-kept diary can mean a higher evaluation of your overall claim.

4. Document All Missed Work

Keep track of every day you miss work due to your injuries, including time away from the job for doctor appointments and therapy sessions. Save any physician's notes or work excuses that document your inability to work. Lost wages are a legitimate and compensable part of your damages, but only if they are properly documented. Do not rely on your memory or employer records alone. Keep your own organized record from the very beginning.

5. Be Careful What You Say

The insurance company and their attorneys will use anything and everything you tell them against you. Do not give recorded statements without first consulting with an attorney. And no matter what, do not lie. Even a small misstatement can ruin your credibility and jeopardize the entire case. The best policy is always to tell the truth, stay consistent, and avoid speculating about details you are not certain of. Before you sign any paperwork for the insurance company, speak with an attorney who can review the document and explain what rights you may be giving up.

Iowa's Statute of Limitations: Do Not Wait

Under Iowa Code 614.1, you have two years from the date of your accident to file a claim for damages. While two years may sound like a long time, evidence fades, witnesses become harder to locate, and trucking companies preserve their records only for so long. Acting promptly gives your attorney the best opportunity to investigate the accident thoroughly, gather the evidence needed to prove liability, and build the strongest possible case on your behalf.

Get Help Now In Asbury

At Walker, Billingsley & Bair, our truck accident 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.

More Info on Asbury Attorneys