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Across the extensive highway networks, trucking accidents frequently cause significant interruptions and serious injuries. In these trying times, trucking injury attorneys serve as reliable supporters, offering guidance and support to those affected. These attorneys specialize in the detailed landscape of trucking laws and regulations.
Truck Company Negligence for Poor Commercial Truck Maintenance
Truck accidents are often particularly severe, with the potential to cause serious, disabling, or life-threatening injuries to drivers and passengers in smaller vehicles. While driver errors frequently contribute to these accidents, another critical factor is truck company negligence, particularly regarding poor maintenance of commercial trucks. Proper maintenance is essential to prevent equipment failures that could lead to catastrophic accidents.
Poor Maintenance and Trucking Company Negligence
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, enforcing rules to ensure the proper upkeep of commercial vehicles. Truck companies are responsible for maintaining their fleets to prevent equipment-related accidents. When a failure in maintenance is identified as a contributing factor or the outright cause of an accident, the truck company can be held liable for negligence.
Types of Truck Equipment Problems
Several types of equipment issues can lead to severe accidents:
Brake Failure
Brake failure is a common and dangerous issue. If a truck's brakes (pads or shoes) are worn and not replaced, the driver may be unable to stop, leading to collisions. Additionally, if the front brakes are depowered or removed, it can cause the truck to jackknife, where the trailer folds and strikes other vehicles.
Tire Problems
Tires can also pose significant risks. Blowouts can cause the driver to lose control of the truck, while worn treads and improper inflation can lead to accidents. Flying debris from a blowout can further endanger nearby vehicles.
Visibility Issues
Non-functioning lights and windshield wipers can impair visibility, increasing the likelihood of accidents. If the driver cannot see well, especially in adverse weather conditions, the risk of a crash escalates.
Trailer Issues
Improperly attached trailers can swing out of control or detach entirely, posing a serious threat to other road users. Ensuring secure attachment is crucial for safety.
Damages Recoverable in a Truck Accident Claim
When a truck company's negligence causes an accident, victims may seek compensation for various damages:
Medical Expenses
Victims can recover costs for:
- Ambulance services
- Hospitalization
- Follow-up doctor visits
- Medication
- Physical therapy
- Future medical expenses
Lost Income
Compensation for lost wages during the recovery period is common. If injuries are disabling, resulting in an inability to return to work or necessitating a lower-paying job, these financial losses may also be included in the claim.
Property Damage
Damages to the victim's vehicle can be claimed. If the vehicle is totaled, the replacement value may be factored into the compensation.
Physical and Emotional Losses
Victims may seek damages for:
- Pain and suffering
- Disability
- Disfigurement
- Reduced quality of life
- Mental anguish
- Post-traumatic stress disorder (PTSD)
Legal Help to Prove Truck Company Negligence
Establishing truck company negligence requires a thorough investigation. It’s advisable to contact an attorney experienced in handling truck accident cases. Legal professionals can help gather evidence and build a strong case to hold the truck company accountable for poor maintenance practices.
Iowa Truck Regulations and Laws
Iowa enforces specific regulations for truck drivers, supplementing FMCSA rules. These regulations can be crucial in a truck accident injury case, especially if the driver violated any laws.
Texting and Cell Phone Use
In Iowa, all drivers, including those operating semi-trucks, are banned from texting while driving. Using a hand-held cell phone is also prohibited, helping to reduce distractions and improve safety on the roads.
Accident Reporting
An accident report must be filed if:
- Property damage of all vehicles is $1,500 or greater
- At least one person is injured
- At least one person is killed
Hazardous Materials
Trucks transporting hazardous materials must follow specific driving and parking rules, including displaying a placard. In the event of an accident, several agencies must be notified, including local law enforcement, the Iowa State Patrol Communications, the Iowa DOT’s Office of Motor Vehicle Enforcement, and the Iowa Department of Natural Resources (DNR).
Truck Accident Claims for Falling Cargo
Accidents caused by falling cargo, known as unsecured load accidents, are another area where victims can file claims. Falling cargo can create hazardous conditions on the road, leading to accidents even if the truck does not physically collide with another vehicle.
Filing a Truck Accident Claim
Victims injured by falling cargo can file a claim, as truck drivers and companies are responsible for securing their loads. To file a claim, the victim must have suffered damages or injuries caused by the falling cargo.
Determining Liability
Liability in unsecured load accidents can fall on multiple parties:
- The truck driver, if they loaded the cargo
- Employees of the trucking or shipping company who loaded the cargo
- The trucking company, under the principle of respondeat superior
- Third-party loaders, if involved
- Trailer manufacturers, if a defect caused the cargo to fall
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.