Bettendorf Truck Accident Injury Attorneys

In the expansive world of highways, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these challenging times, trucking injury lawyers serve as firm supporters, providing guidance and assistance to survivors. These legal specialists excel in handling the complex terrain of trucking laws and regulations.

No matter what type of Iowa truck accident you have experienced, you are likely dealing with significant medical bills and lost wages as a result. If this is the case, you'll want to know your options for seeking financial restitution. Your first step in this journey is to contact an Iowa truck accident lawyer.

Seeking Damages After an Iowa Semi Truck Accident

To fight for damages after an Iowa truck accident, you will have to file a truck accident claim with the responsible insurance company. Once this has been done, the insurance company will send an adjuster to evaluate your damages. Keep in mind that an adjuster works for the insurance company and generally will not have your best interests in mind.

Some of the insurance industry tricks that you must be careful of include:
- Underestimating the value of your claim.
- Delaying an investigation to frustrate you into accepting a low settlement offer.
- Using medical professionals to downplay your injuries or claim pre-existing conditions.

If the insurer refuses to pay you what you deserve, then you may have to pursue compensation in an Iowa truck accident lawsuit. In such a lawsuit, your lawyer can represent your interests in a formal court of law.

Determining Liability After an Iowa Truck Accident

In an Iowa truck accident lawsuit, you will have to prove that the defendant's negligence caused your personal injuries. When doing so, you may be able to claim damages from several responsible parties, including:
- The driver of the truck.
- The trucking or shipping company.
- The safety director of the company.
- The vehicle inspector.
- The manufacturer of the truck.

An Iowa truck accident lawyer can investigate your case to determine liability and can represent your interests in an Iowa truck accident lawsuit. This way, you can focus on recovery instead of dealing with insurance adjusters and tedious settlement negotiations.

The 5 Most Common Types of Fatal Semi Truck Accidents

The five most common types of fatal truck accidents include:
1. Underride accidents: These occur when smaller passenger vehicles drive underneath large commercial trucks.
2. Override accidents: These happen when a larger commercial truck drives over a smaller vehicle, motorcycle, or pedestrian.
3. Jackknife accidents: These can occur when a semi suddenly hits its brakes, and the trailer folds into the truck.
4. Head-on collisions.
5. Rollovers.

While these are the five most common scenarios seen in an Iowa truck accident, a truck accident won't necessarily fall within these categories.

Preserving Truck Driver Records After an Accident

It is the trucking company’s right to destroy certain truck driver records after a specified period of time. One of the ways to help prevent this from happening after a truck accident is by having an attorney send a spoliation letter, which advises the company that all pertinent documentation must be preserved, maintained, and protected.

Preserving the Record of Duty Status

One of the most important pieces of evidence that could be useful in establishing fault is the driver’s record of duty status. The information recorded by the driver includes their time on and off duty, use of the sleeper berth, and the amount of time actually spent driving.

Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require that the trucking company maintain the records of duty status and any supporting documents for at least six months. The spoliation letter can inform the trucking company that it is required to preserve these records, as they are relevant to the truck accident claim.

Other Documents Important to a Truck Accident Case

Depending on the cause of the crash or any suspicions raised concerning other types of negligence that may have been contributing factors in the accident, other records could be valuable. Another example is the driver qualification files, which are kept with the driver’s personnel file.

Information from the qualification file includes the motor vehicle record, application for employment, annual review of the driving record, certification of violations, medical examiner’s certificate, and more. One of the issues that might be called into question is whether or not the truck driver was qualified to operate a big rig in the first place.

Numerous other types of records are maintained by the trucking company, not only in regards to their drivers but the vehicles as well. To ensure their protection, an attorney may decide to send a spoliation letter.

How a Spoliation Letter Can Protect Truck Driver Records After an Accident

Since the preservation of evidence is critical after a crash, it’s important to talk with an attorney as soon as possible. This will allow time to discuss the case and for the attorney to send a spoliation letter to the company outlining records that should be preserved.

It's best to provide detailed information on the types of documentation, records, and paperwork that is to be kept. The letter should stipulate that evidence isn’t to be destroyed, erased, altered, or otherwise manipulated and should put the company on notice that additional damages could be sought if they fail to adhere to the request.

The sooner an attorney gets the records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other kinds of crashes because of the availability of the trucking company’s records. It’s critical to take full advantage of this.

For help with a claim, contact an attorney today. The law firm of Walker, Billingsley & Bair can assist clients wishing to collect all relevant documentation and to ensure all records are preserved.

Obtaining Evidence for Your Iowa Truck Accident Claim

When filing an injury claim, your Iowa truck accident lawyer will need to gather certain types of records to use as evidence in your accident case. While you may be able to collect some documentation on your own, an attorney may need to help you pull information on the driver and the trucking company.

Police Report

The police report filed after your collision is crucial evidence in an accident case. A police report not only describes the accident scene but also contains the officer’s opinion on who (or what) was at fault for the crash. If the other driver was impaired, this should be in the report as well.

Medical Records

To recover compensation for your injury claim, you have to establish your injuries as well as the actual expenses and estimated costs for any future treatment or therapy that may be required. As medical expenses often comprise a large portion of the compensation sought in an accident claim, providing adequate evidence may be very important.

Truck Driver’s Driving Records

If there is a pattern of reckless driving on behalf of the truck driver, it may only help your case. If this is the case, your truck accident lawyer can show that the trucking company was at fault by allowing him or her to continue driving despite a pattern of reckless behavior.

Contact an Iowa Truck Accident Lawyer Today

At Walker, Billingsley & Bair, our team of experienced lawyers can assist you in navigating the complexities of truck accident claims. We are dedicated to ensuring you receive compensation for the damages you’ve suffered. 

For more information on injury claims, download our free e-book, "The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case." To schedule an appointment with a truck accident lawyer, Contact our office at 641-792-3595 to speak with an attorney.