Attorneys
- Chariton Truck Accident Injury Attorneys
- Phone: 641-792-3595
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Why Truck Accidents Are Especially Dangerous
Large commercial trucks and tractor-trailers are heavy, difficult to maneuver, and significantly obstruct the views of surrounding drivers. Under any road conditions, these vehicles are among the most dangerous on the highway. When a collision occurs, the occupants of smaller passenger cars absorb the worst of the impact and routinely sustain serious, disabling, or life-threatening injuries. Medical bills, lost wages, and long-term disability are common consequences that can follow victims for years after the crash.
There are five types of truck accidents that are particularly likely to result in fatalities or catastrophic injuries. Chariton residents and truck drivers alike should be aware of these crash patterns:
- Underride accidents occur when a smaller passenger vehicle slides underneath a large commercial truck, often shearing off the roof of the smaller vehicle.
- Override accidents occur when a larger commercial truck drives over a smaller vehicle, motorcycle, or pedestrian.
- Jackknife accidents happen when a semi-truck brakes suddenly and the trailer folds in toward the cab, sweeping across multiple lanes and striking surrounding vehicles.
- Head-on collisions involving commercial trucks at highway speeds are almost always catastrophic.
- Rollover accidents can crush other vehicles and scatter cargo across roadways.
Read more about liability and damages in Iowa semi-truck accidents to understand your full range of legal options.
Trucking Company Negligence and Poor Commercial Truck Maintenance
Driver error is often cited as the cause of a truck accident, but the responsibility does not always end with the person behind the wheel. In a significant number of cases, equipment failure resulting from poor commercial truck maintenance is a contributing factor or the outright cause of the crash. When that is the case, the trucking company itself may be found negligent and held liable for the resulting damages.
The trucking industry is regulated by the Federal Motor Carrier Safety Administration, known as the FMCSA, which enforces rules covering many aspects of commercial vehicle operation, including the ongoing maintenance of big rigs. Every trucking company operating in Iowa has a legal obligation to keep its fleet properly maintained. When that obligation is ignored and a crash results, the consequences for the company can be serious. Learn more about truck company negligence and poor commercial truck maintenance in Iowa.
Types of Equipment Failures That Cause Truck Accidents
Certain types of equipment problems are particularly dangerous and significantly increase the likelihood of a serious crash. Chariton residents who have been involved in a truck accident should understand the most common mechanical failures that lead to these collisions:
- Brake failure is one of the most serious equipment problems on commercial trucks. When brake pads or shoes are worn down and have not been replaced, a driver may be unable to stop in time to avoid a collision. Trucks that have had their front brakes depowered or removed are also at risk of jackknifing, causing the trailer to fold and strike other vehicles.
- Tire problems are another frequent cause of truck accidents. Blowouts create dangerous flying debris and cause drivers to lose control of the vehicle. Worn tire treads, underinflated tires, and overinflated tires are all maintenance failures that can put everyone on the road at risk.
- Lighting and visibility failures can make it difficult or impossible for a driver to see the road ahead or for other motorists to see the truck. Non-functioning headlights, taillights, and turn signals are examples of maintenance failures that directly increase crash risk.
- Windshield wiper failures compromise visibility in rain, snow, or ice, conditions that are common on Iowa roads throughout much of the year.
- Trailer attachment failures are among the most terrifying equipment problems. If a trailer is not properly secured to the cab, it can swing wildly out of control or detach completely, putting every other driver on the road in immediate danger.
Who Can Be Held Liable After a Truck Accident in Chariton?
One of the aspects of truck accident cases that distinguishes them from ordinary car accident claims is the number of parties who may bear responsibility. When investigating a truck accident, an attorney will look beyond the driver to identify every potentially liable party. Depending on the circumstances, responsible parties may include:
- The truck driver
- The trucking or shipping company
- The company's safety director
- The vehicle inspector responsible for maintaining or certifying the truck
- The manufacturer of a defective truck component
Identifying all liable parties is critical because it can significantly affect the amount of compensation available to a Chariton accident victim. Trucking companies often carry large commercial insurance policies, and pursuing a claim against the company rather than the driver alone can make a substantial difference in the outcome of your case.
Damages You May Be Entitled to Recover After a Chariton Truck Accident
When a truck company's negligence is responsible for an accident, the financial and physical losses suffered by victims can be substantial. Iowa law allows injured parties to seek compensation for a broad range of damages. For Chariton truck accident victims, recoverable losses may include both economic and non-economic categories.
Financial damages that may be recovered include:
- Ambulance and emergency transportation costs
- Hospitalization expenses
- Follow-up doctor visits and specialist care
- Prescription medications
- Physical therapy and rehabilitation
- Future medical expenses projected over the course of your recovery or lifetime
- Lost income during your healing and recovery period
- Reduced earning capacity if your injuries prevent you from returning to your previous type of work or force you into lower-paying employment
- Property damage to your vehicle, or the replacement value if the vehicle is totaled
Physical and non-economic damages may also be recovered, including compensation for pain and suffering, permanent disability, disfigurement, and a reduced quality of life. Emotional damages such as mental anguish, post-traumatic stress disorder, and other psychological harm stemming from the accident can also be addressed in a truck accident claim.
Watch Out for Insurance Adjuster Tactics After a Truck Accident
After a truck accident in Chariton, the trucking company's insurance carrier will assign an adjuster to evaluate your claim. It is critically important to understand from the outset that this person works for the insurance company, not for you, and does not have your best interests in mind. Insurance companies that cover large commercial trucking operations are sophisticated organizations with significant resources dedicated to minimizing payouts. Common tactics their adjusters use include:
- Deliberately underestimating the true value of your claim
- Delaying the investigation to frustrate you into accepting a low settlement offer
- Using company-selected medical professionals to downplay the severity of your injuries or to argue that your condition is the result of a pre-existing problem rather than the crash
If the insurance company refuses to pay a fair amount, you have the right to pursue compensation in an Iowa truck accident lawsuit. An experienced truck accident attorney can represent your interests in court, handle all communications with the insurance company on your behalf, and allow you to focus entirely on your recovery rather than on settlement negotiations. You can also explore your rights more broadly by visiting the Iowa car and truck accident practice area at iowainjured.com.
Special Considerations for Chariton Truck Drivers Injured on the Job
Truck accidents affect more than just the motorists that commercial vehicles collide with. Truck drivers themselves are frequently injured on the job, sometimes in accidents that occur outside of Iowa. If you are a truck driver based in Chariton and you were hurt while working in another state, determining where your workers' compensation claim belongs is a critical question that must be resolved quickly. Getting this wrong can cost you the compensation you are owed entirely. Read the full guide on what Iowa truck drivers need to know when hurt out of state.
Does Iowa Have Jurisdiction Over Your Work Injury Claim?
Iowa is home to a significant number of trucking companies that operate across many states and hire workers from throughout the country. Whether Iowa has legal authority over your workers' compensation claim when you are injured outside Iowa depends on several factors governed by Iowa Code Section 85.71, as amended on July 1, 2017. Here is a summary of the five scenarios under which Iowa may have jurisdiction:
- You were physically injured in Iowa while working. Iowa law provides subject matter jurisdiction for personal injuries sustained by an employee arising out of and in the course of employment within the state.
- Your employer has a place of business in Iowa, your contract of hire states that Iowa workers' compensation law governs your claims, and you regularly work in Iowa. Some trucking companies prefer to handle all work injury claims under Iowa law and include this language in their employment contracts.
- Your employer has a place of business in Iowa and you regularly work at or from that Iowa location, even without a contract specifying Iowa jurisdiction. The Iowa Workers' Compensation Commissioner has defined "regularly working from" an Iowa terminal broadly. It does not require that a majority of your time be spent in Iowa. If it is usual or customary for you to work out of an Iowa terminal as your home base, pick up loads in Iowa, and transport loads within or through Iowa, that may be sufficient.
- Your contract of hire was made in Iowa and you regularly work in Iowa. This means you were physically in Iowa when you accepted the job offer. If you accepted the offer by phone while located in another state, Iowa may not have jurisdiction under this section.
- Your contract of hire was made in Iowa and you have no remedy under the workers' compensation laws of another state. Some states do not allow workers' compensation claims by out-of-state employees, which can leave Iowa as the only available avenue for relief.
Important Warning for Chariton Truck Drivers: Jurisdiction is not a question you can afford to delay. Your employer can raise the issue of jurisdiction at any point in the process, including after a trial is over and a case is on appeal. If a court determines that Iowa does not have jurisdiction and you have not timely filed a claim in a state that does have jurisdiction, you may end up with no compensation at all. Some states have filing deadlines as short as one year. Waiting and hoping the matter resolves itself is a serious mistake.
If you are a truck driver being paid under Iowa's workers' compensation system but were injured in another state, it is very important that you contact an Iowa workers' compensation attorney who has experience with subject matter jurisdiction questions and who maintains relationships with work injury attorneys in other states. Read more about Iowa truck companies and injured workers' rights to better understand the landscape.
Contact a Chariton Truck Accident Attorney for a Free Consultation
Truck accident cases are among the most complex personal injury matters in Iowa. They can involve multiple liable parties, large corporate insurance carriers with experienced legal teams, complicated jurisdictional questions for injured drivers, and injuries that require years of medical care. Trying to navigate this process alone, while recovering from serious injuries, is not something any Chariton resident should have to do.
Whether you were struck by a commercial truck or you are a Chariton truck driver who was hurt on the job, getting the right legal guidance as early as possible can make the difference between a fair recovery and a case that falls apart due to an avoidable mistake. An experienced Iowa truck accident attorney will investigate the crash, identify all responsible parties, handle the insurance company, and fight to get you every dollar you are owed.
Get Help Now In Chariton
At Walker, Billingsley & Bair, our truck accident 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.