Bellevue Truck Accident Injury Attorneys

Truck accidents create unique legal challenges that a typical car accident case does not involve, from questions about jurisdiction for injured truck drivers to whether a trucking company failed to maintain its equipment properly. Bellevue residents involved in a truck accident, whether as a truck driver hurt while working or as another motorist injured by a commercial vehicle, deserve answers to these questions along with a clear understanding of whether the insurance company handling their claim can actually be trusted. The Bellevue truck accident attorneys at Walker, Billingsley & Bair have put together this guide to help address these issues.

Jurisdiction Questions for Bellevue Truck Drivers Hurt Out of State

Iowa is home to more than 20 trucking companies that hire employees from all over the United States and operate in most states. Depending on the agreement between the employer and the truck driver, along with other factors such as where the driver was physically located when hired and how often the driver works from Iowa, this determines whether Iowa has jurisdiction if a Bellevue truck driver is hurt outside of Iowa.

Does Iowa Have Jurisdiction Over a Bellevue Truck Driver's Work Injury?

Iowa Code Section 85.71, as amended on July 1, 2017, determines whether a workers' compensation case can be successfully brought in Iowa. Several factors come into play:

Subject matter jurisdiction is critically important because an employer can raise this issue at any time, even after a trial has concluded and the case is on appeal. If a court later determines that Iowa did not have jurisdiction, and a Bellevue truck driver failed to timely file a claim in the state that does have jurisdiction, they could be left with no compensation at all. Some states allow as little as one year to file a petition for benefits, making this an urgent issue rather than something to wait and see about. Because of how complicated these jurisdictional questions can be, it is important for an injured Bellevue truck driver to work with an attorney experienced in Iowa subject matter jurisdiction law and connected to a network of work injury attorneys in other states who can assist when needed.

Truck Company Negligence and Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger vehicles involved in a crash with a commercial truck can sustain serious, disabling, or life-threatening injuries. While driver error is often the cause of these accidents, sometimes the true cause is truck company negligence, particularly when equipment problems trace back to poor commercial truck maintenance.

How Poor Maintenance Leads to Negligence

The trucking industry is regulated by the Federal Motor Carrier Safety Administration, which enforces rules covering the upkeep of commercial vehicles. Every truck company is responsible for maintaining its own fleet. While manufacturing defects are sometimes to blame for an accident, a failure in commercial truck maintenance is often the real culprit. When maintenance failures are found to be a contributing factor, or the outright cause, a truck company can be considered negligent and liable for damages suffered by a Bellevue accident victim.

Common Types of Truck Equipment Problems

Certain equipment failures are especially likely to cause a crash or make the impact of one much worse:

• Brake failure: Worn brake pads or shoes that have not been replaced can prevent a driver from stopping in time.
• Jackknifing: This can occur when front brakes are depowered or removed, causing the trailer to fold and potentially crush or strike nearby vehicles.
• Tire problems: Blowouts, worn tire treads, and improperly inflated tires can all cause a driver to lose control of the truck.
• Lighting and visibility issues: Malfunctioning lights or worn windshield wipers can make it difficult for a driver to see clearly, contributing to a crash.
• Trailer attachment failures: If a trailer is not properly attached to the cab, it can swing out of control or detach entirely, putting everyone nearby at serious risk.

Damages That May Be Recoverable

When a truck company's negligence causes an accident, a Bellevue victim may be able to seek compensation for financial losses such as ambulatory services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical expenses. Lost income during the recovery period may also be compensated, along with reduced future earning capacity if the injuries prevent a return to the same type of work or force a person into a lower paying position. Property damage to a vehicle, including its replacement value if totaled, would also be addressed. Physical losses, including pain and suffering, disability, disfigurement, and reduced quality of life, may factor into a claim as well, along with compensation for mental anguish, post-traumatic stress, and other psychological harm resulting from the accident.

Proving that a truck company was negligent is not always straightforward and typically requires a thorough investigation. A Bellevue truck accident victim should contact an attorney experienced in these types of cases to help determine if poor commercial truck maintenance played a role in the crash.

Can a Bellevue Accident Victim Trust the Insurance Company?

In Iowa alone, there are more than 100 insurance companies selling policies, ranging from personal injury to workers' compensation coverage. Although people buy insurance to protect themselves against future loss, paying a premium does not mean an insurance company is looking out for a policyholder's best interests. Some people believe that if they are injured, their own insurance company will pursue the at-fault party on their behalf. This is simply not true. While an insurance company will try to recover what it has paid out for property damage, it is highly unlikely to pursue a claim for a policyholder's personal injuries.

When dealing with another party's insurance company, whether it is the insurer for a negligent driver or a trucking company, a Bellevue accident victim should keep several things in mind. The insurance company is not representing the injured person or their best interests. It is not required to tell the injured person the truth. It is in the business of making the most profit possible, which means paying out as little as possible. An adjuster may seem friendly, but that friendliness does not mean they are looking out for the injured person. Insurance companies are in the business of selling policies, not paying claims.

Tips for Bellevue Residents Dealing With an Insurance Company