Belle Plaine Truck Accident Injury Attorneys

Truck accidents in Belle Plaine can involve complicated liability questions and, for professional drivers, complicated jurisdiction questions as well. Whether you were hit by a commercial delivery vehicle, you are a truck driver injured while working outside Iowa, or you are simply trying to protect your claim through smart choices at the doctor's office, Walker, Billingsley & Bair has put together this guide to help you understand what matters most.

Commercial Truck Accident Liability for Delivery Drivers

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle occurs, the resulting injuries are often very serious. If you have been involved in an accident with a commercial vehicle in Belle Plaine, here is what you need to know about liability.

Who Is Liable for an Accident Caused by a Commercial Driver?

In most cases, one of two parties will be held liable when an accident involving a commercial vehicle occurs, either the driver of the vehicle or the company that owns the truck. If the driver is an employee of the trucking company, the company will usually be held liable under the legal doctrine of respondeat superior, meaning an employer is liable for the actions of its employees while they are acting within the scope of their employment. If the driver of the delivery truck is an independent contractor, the driver may be held liable rather than the company that contracted with them.

In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions or a defective part on the truck caused the crash. In those situations, the manufacturer of the truck or a truck part, the shipper, or even the party responsible for loading the truck's cargo may be held liable instead.

How to Prove Liability

If you have been in an accident caused by a commercial driver, you will need to prove the negligence of the at fault party. Examples of negligence may include:

Negligence is essentially any time someone acts, or fails to act, as reasonably as another person would in the same situation. You should also prepare yourself for the trucking company to investigate the crash on its own. Iowa Code 614.1 generally provides two years to file a claim for damages, so it is important to speak with an attorney as soon as possible after a commercial truck accident in Belle Plaine.

When a Truck Driver Is Hurt Outside of Iowa

Truck drivers who live in or work for companies based in Belle Plaine sometimes get hurt while driving out of state, which raises a separate question from liability: whether Iowa even has jurisdiction over the workers' compensation claim. Iowa is home to more than twenty trucking companies that hire employees from across the country and operate in most states. Depending on the agreement between the employer and driver, along with other factors such as where the driver was physically located when hired and how often the driver works from Iowa, Iowa may or may not have jurisdiction over an injury that happens outside its borders.

Determining Whether Iowa Has Jurisdiction

Iowa Code Section 85.71, as amended effective July 1, 2017, determines whether a workers' compensation case can be successfully brought in Iowa. A few key factors are considered:

Why Jurisdiction Matters So Much

Subject matter jurisdiction is important because an employer can raise this issue at any time, including after a trial has concluded and the case is on appeal. If a court later determines Iowa never had jurisdiction, and the injured driver did not timely file a claim in a state that does have jurisdiction, the driver could be left with no compensation at all, even if the employer originally treated the case as an Iowa matter. Time limits in other states can be as short as one year to file a petition for benefits, which makes this a serious issue to address early with a qualified attorney who understands Iowa subject matter jurisdiction and has connections to work injury attorneys in other states when needed.

If you are a truck driver based near Belle Plaine and were hurt while working outside of Iowa, it is worth having your situation reviewed rather than assuming your claim will work out on its own.

Avoiding Mistakes When Dealing With Doctors After a Truck Accident

What you tell your doctor after a truck accident in Belle Plaine can significantly affect your case. Not reporting pain, or not explaining how an injury is affecting your work, limits what gets documented in your medical records and can shape a doctor's opinion of your injury. Below are common mistakes to avoid.

Seek Care Immediately and Be Honest

It is your responsibility to show that an accident caused your injury, so seek medical care right away if you have any pain. Insurance companies and juries sometimes assume that a delay in seeking care means the injury was not related to the accident. It is also important not to hide your health history. Doctors will typically ask whether you have had prior problems in the same area of the body, and being upfront helps both your treatment and your credibility. Be equally honest describing how the accident happened, since anything found to be exaggerated or inaccurate can be used to attack your credibility later.

Attend Every Appointment and Follow Instructions

Insurance companies and, eventually, a judge or jury may review your medical records, including notes about missed or late appointments. Repeated no shows can suggest a lack of concern about treatment, even when there is a valid reason for missing an appointment. It is also important to take medications as prescribed and to continue treatment even if you start feeling better. Large gaps in treatment can be used to suggest that an original injury healed, or that a new, undisclosed injury occurred instead.

Document How the Injury Affects Your Work and Your Pain

If your injury is affecting your ability to work, tell your medical provider so it becomes part of the record. Pain is something a doctor cannot see or measure directly, so it needs to be documented clearly and consistently, including when it started, where it is located, how severe it is, and how long it lasts. Writing details down before an appointment can help make sure nothing is left out.

Keep Records and Address Emotional Effects of the Injury

Keep business cards, bills, and other records from every medical provider you see, along with copies of work excuses, restrictions, and referrals. Finally, do not ignore anxiety or depression that may develop after a serious injury. These conditions are real and can be part of a compensable claim, but only if they are properly diagnosed and treated by a medical professional.