Belmond Truck Accident Injury Attorneys

Truck Company Negligence for Poor Maintenance

Although driver error is often the cause of truck accidents, sometimes the real problem is truck company negligence, particularly when equipment issues are to blame. The trucking industry is regulated by the Federal Motor Carrier Safety Administration, which enforces rules covering many areas, including the proper upkeep of commercial vehicles. Every truck company near Belmond and elsewhere in Iowa is responsible for maintaining its big rigs, and when a failure in maintenance is found to be a contributing factor in a crash, or the outright cause of it, the truck company can be considered negligent and liable for damages.

Damages Recoverable From Truck Company Negligence

When a trucking company's negligence causes an accident near Belmond, compensation may be available for financial losses including ambulatory services, hospitalization, follow-up doctor visits, medication, physical therapy, and anticipated future medical expenses. Lost income during recovery may also be recoverable, along with reduced future earnings if the injuries prevent a return to the same type of work. Property damage to the victim's vehicle, or its full replacement value if it is totaled, can also be factored into a claim. Physical losses such as pain and suffering, disability, disfigurement, and reduced quality of life may be considered as well, along with emotional harm including mental anguish and post-traumatic stress.

Proving that a truck company was negligent is not always straightforward and requires a thorough investigation, which is why working with an attorney experienced in these types of cases matters.

When a Delivery Driver Causes a Truck Accident

Delivery trucks are considered commercial vehicles under Iowa's Truck Information Guide published by the Iowa Department of Transportation, and accidents involving them near Belmond often result in serious injuries. Determining liability requires understanding who is actually responsible for the crash.

Who Is Liable When a Commercial Driver Causes an Accident?

In most cases, either the driver of the truck or the company that owns it will be held liable. If the driver is an employee of the trucking company, the company is usually held liable under the legal doctrine of respondeat superior, meaning an employer is responsible for the actions of its employees while they are working. If the driver is an independent contractor rather than an employee, the driver may be held liable instead of the company that contracted with him or her. In some cases, neither the driver nor the trucking company is liable, such as when a defective part caused the crash, in which case the manufacturer, the shipper, or the party responsible for loading the truck's cargo may be liable instead.

How Negligence Is Proven

To recover damages after an accident caused by a commercial driver near Belmond, negligence must be shown. Examples of negligence can include failing to inspect or maintain the vehicle, improperly loading cargo, impaired driving, speeding, aggressive driving, and failing to follow traffic laws. Negligence generally means acting, or failing to act, in a way that a reasonable person in the same situation would not. Anyone pursuing this type of claim should also prepare for the possibility that the trucking company will conduct its own investigation of the crash.

When an Iowa Truck Driver Is Hurt Out of State

Iowa is home to more than 20 trucking companies that hire drivers from across the country and operate in most states. For truck drivers based near Belmond who are injured while working outside of Iowa, determining whether Iowa has jurisdiction over a workers' compensation claim can be complicated. Iowa Code Section 85.71 governs this determination, and several factors come into play.

Subject matter jurisdiction is critically important because an employer can raise the issue at any point, even after a trial has concluded and the case is on appeal. If a court later determines Iowa did not have jurisdiction, and the driver did not timely file a claim in the state that does have jurisdiction, the driver could be left with no compensation at all, even if the employer initially treated the case as an Iowa matter. Because some states allow as little as one year to file a petition for benefits, sorting out jurisdiction quickly after an out of state injury is essential.