Audubon Truck Accident Injury Attorneys

Given the size and weight of large trucks, truck accident collisions tend to cause serious damage and catastrophic, if not fatal, injuries, most often to the occupants of the other vehicle rather than the truck driver. Audubon victims who plan to pursue a claim need to understand how fault is established, who can be held liable, and what steps protect their case from the very beginning.

At Walker, Billingsley & Bair, our Audubon truck accident attorneys help injured victims and their families understand the complexities of these cases. Below, we explain how fault is determined and proven in a truck accident, what legal options are available after a semi truck crash, and what you need to know to protect your claim.

Determining and Proving Fault in an Audubon Truck Accident

Victims who plan to file a lawsuit after a truck accident need to establish fault. While you may not need an attorney for a minor car accident, you will almost always require legal help after a serious truck accident. Truck accident cases are quite different from regular car accident cases in several important ways, and they are much more complex.

Understanding the Complexities of Truck Accident Cases

First, the damages and injuries in truck accidents are usually higher and more serious than in a lot of car accidents. Serious injuries mean the dollar value of your case will be high, which in turn means the truck company's insurer may be looking for ways to minimize their payout. When your damages are extensive, you need to be extra cautious to factor all of your expenses and future medical needs into your claim.

Another factor that makes truck accident cases so complex is the existence of federal regulations that truck carriers and drivers must follow. The Federal Motor Carrier Safety Administration, or FMCSA, provides specific rules and procedures that commercial drivers have to follow, such as a cap on driving hours and the frequency of scheduled maintenance checks. Violating a regulation and subsequently causing an accident could apportion fault for the accident to the driver or carrier, but proving the carrier is at fault requires being well versed in trucking regulations, something trucking companies, the FMCSA, and truck accident attorneys are familiar with.

Lastly, truck accident claims can quickly become complicated because the truck company or its insurer has attorneys ready to refute or dispute the claim, or at least diligently try to reduce settlement amounts. It is difficult for an injured Audubon resident, who may be suffering from major injuries, to negotiate with or stand up to formidable truck company attorneys alone. This is why it is important to have an established and experienced lawyer who handles truck accidents on your side.

Who Can Be Held Liable for a Truck Accident?

Establishing liability is one of the first tasks you and your attorney will address as you look for ways to recover damages. Which party can be held legally accountable depends on the circumstances of the accident, and it can include more than just the truck driver. For example, if there was a co-driver in the truck who contributed to the accident, he or his employer may be named as a defendant. Other possible parties that might be at fault for a truck accident include a repair shop or maintenance crew, a truck manufacturer or the manufacturer of one of the truck's parts, a company that loaded the cargo, an inspector who performs annual fleet inspections, or the truck company itself.

Preserving Key Evidence

It takes substantial evidence to prove liability in a truck accident case. As soon as practicable after the accident, an Audubon victim should speak to an attorney about what evidence to start gathering. One of the first things an attorney will do is send a letter of spoliation to the truck company, informing the carrier that a case is pending, explaining which evidence must be preserved, and reminding them of the consequences of illegally destroying evidence.

The FMCSA has specific recordkeeping requirements that can help build your case. Logbooks contain detailed entries about the hours and miles a driver keeps, and carriers must keep these records for six months. Carriers must also keep records of their fleet's inspections, repairs, and maintenance, with some records kept for one year, others for six months after a vehicle leaves the carrier's control, and driver vehicle inspection reports kept for three months. Carriers must also keep each driver's qualification file on record for three years after the driver's employment ends, which should include the driver's safety performance history, employment application, medical exams, any violations, and training certificates. In many truck accident cases, it is information found in the truck company's own records, such as a logbook showing a driver exceeded allowable driving hours, that ends up proving the company's liability.

Collecting Evidence to Prove Liability

There are two types of evidence required for a truck accident case: evidence to prove the extent of your injuries and damages, and evidence that proves the other party's liability. Helpful items typically include your medical records and evidence of lost wages, along with a pain diary documenting the effects of the accident on your everyday life. Photos and videos of the accident scene are valuable, and in some cases an attorney may be able to obtain footage from traffic cameras, nearby surveillance, or a subpoenaed truck driver's cab camera. Eyewitness contact information is also important, as is the truck's electronic control module, sometimes called the black box, which records the truck's speed, throttle position, brake and pedal application, and clutch status at the time of the crash. When liability is disputed, an attorney may also enlist the help of an accident reconstructionist to electronically reconstruct the crash and identify fault.

Actionable Steps to Take After Your Truck Accident

If you or a loved one has been involved in a truck accident in Audubon, tending to your medical needs is paramount. After your condition has stabilized, call your insurance company to report the accident, or have someone do this on your behalf. However, do not give adjusters any recorded statements until you have spoken with a lawyer, since this helps protect your best interests. If you are able, start collecting evidence to support your case, including all medical bills and receipts, and consider starting an injury journal to document the progress of your injuries and how they are affecting your daily life.

Your Legal Options After an Audubon Truck Accident

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 is important that Audubon 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, including sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distraction, work stress, and unfamiliarity with the road. Mechanical problems account for many other crashes, including depowered front brakes, failure to replace tires, and transmission failure. Other causes include loading errors, improper securing of loads, improper load distribution, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

A personal injury action arising after an accident with a semi truck must prove a duty of care between the parties, that the defendant breached that duty of care, that the breach caused injury to the claimant, and that the claimant 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 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, but the victim's damages are reduced by their individual percentage of fault. For example, if a victim was 10 percent at fault and suffered damages, those damages would be reduced accordingly.

Liable Parties 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 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, and if it caused or contributed to an accident, the party in violation can be liable. A trucking company can also be held liable when one of its drivers causes an accident, since companies are responsible for their drivers' actions.

Trucks often carry onboard devices that record driver actions while the truck is on the road, and companies maintain these records and other logbooks according to federal laws and company policies. If an Audubon victim believes these records, or other evidence in the truck company's possession, could be relevant to a legal action, 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.

What You Need to Know About Your Audubon Truck Accident Claim

Whether or not you decide to work with a particular law firm, the following points are critical to helping you receive a fair and just settlement for your injuries after an Audubon truck accident.

Tell Your Doctor Everything That Hurts

One of the most critical pieces of evidence is how you feel and how your injuries have affected your ability to function on a daily basis. Your doctor is required to keep accurate and detailed records of your medical history and care, including 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 offer on this critical information. If you fail to tell your doctor everything that hurts, it will not only go untreated, but no one will know about it. If you begin to complain about a problem weeks or months after you were hurt, the insurance company will claim the problem was not from the accident and reduce their settlement offer.

Follow Your Doctor's Orders

If your doctor tells you to attend therapy three days a week but you only go once a week, you will damage your claim. The insurance company will argue that you could not have been truly injured, or you would have followed your doctor's recommendations, and will reduce their settlement offer accordingly.

Keep a Diary to Document Your Injuries

Few people ever think to write down how they felt after an accident. You need to remember the details of your injury and how you felt on a day-to-day basis. A diary helps provide accurate accounts of your injuries and how they affected your ability to function, and it can mean a higher evaluation of your claim.

Keep Documentation Regarding Missed Work

It is important to keep track of the time you missed from work, including doctors' excuses for missed work and the time you miss for doctors' appointments.

Be Careful What You Say

The insurance company and their lawyers will use anything and everything you tell them against you. No matter what, do not lie. Even a small lie can ruin your credibility. The best policy is to always tell the truth, so you never have to worry about what you said.