Charles City Truck Accident Injury Attorneys

Serving injured truck drivers and accident victims throughout Charles City and Floyd County, Iowa.

Truck accident cases in Iowa involve layers of complexity that most people never anticipate. Whether you are a Charles City resident who was injured by a commercial truck on a local road, or an Iowa-based truck driver hurt while on the road in another state, the decisions you make in the days and weeks that follow will shape the outcome of your claim. Insurance companies are ready and waiting to minimize what they pay, and without the right information, it is far too easy to unknowingly damage your own case before it even gets started.

This article draws exclusively on content from Walker, Billingsley & Bair, Iowa's leading truck accident and work injury attorneys, to cover three issues that come up repeatedly in truck accident claims: the jurisdiction questions that arise when an Iowa truck driver is hurt out of state, the medical mistakes that quietly derail injury cases, and the insurance company tactics used to reduce or eliminate compensation for injured Iowans.

Iowa Truck Drivers Hurt Out of State: Does Iowa Have Jurisdiction Over Your Claim?

Iowa is home to more than 20 trucking companies that hire employees from across the United States and operate in most states. When an Iowa-based truck driver is injured outside of Iowa, one of the first and most critical questions is whether Iowa has the legal authority to hear the workers' compensation claim at all. The answer depends on specific factors outlined under Iowa Code Section 85.71, as amended on July 1, 2017. Getting this wrong can leave an injured driver with no compensation at all.

The Five Jurisdiction Scenarios Under Iowa Law

1. You were injured in Iowa while working. Iowa Code Section 85.3(2) provides subject matter jurisdiction for any personal injury sustained by an employee that arises out of and in the course of employment within the state. This is the most straightforward scenario.

2. Your employer has a place of business in Iowa, you work under a contract of hire that specifies Iowa law governs workers' compensation claims, and you regularly work in Iowa. Some Iowa trucking companies prefer to resolve all work injuries under Iowa law and enter contracts that give Iowa jurisdiction regardless of where an injury occurs. It is important to review the specific language of your employment contract to determine whether this applies to your situation.

3. Your employer has a place of business in Iowa and you regularly work at or from that Iowa location, even without a contract stating Iowa has jurisdiction. This is one of the most commonly disputed scenarios. The Iowa Workers' Compensation Commissioner has clarified that "regularly working from" an Iowa business does not require a worker to spend the majority of their time in the state. According to the decision in Allen v. Annett Holdings, Inc. (File No. 5004381, App. Dec. 9/29/2005), it is sufficient if it is usual or customary for the employee to work out of the employer's terminal in Iowa as the home terminal, to pick up loads in Iowa, and to transport loads within or through Iowa. There is no statutory requirement to meet some arbitrary quantity of work time in the state.

4. Your contract of hire was made in Iowa and you regularly work in Iowa. Iowa courts have interpreted this to mean where you were physically located when you accepted the employment offer. If you were in Iowa when you agreed to work for the trucking company, and you regularly work in Iowa, this provision likely applies. However, if you were in another state when you accepted the offer, Iowa likely does not have jurisdiction under this section.

5. Your contract of hire was made in Iowa and you have no remedy under the workers' compensation laws of another state. This situation arises when the state where the injury occurred does not allow subject matter jurisdiction for out-of-state employers that did not pay into that state's workers' compensation system. If no other state will cover the claim, Iowa may step in as the proper jurisdiction.

Walker, Billingsley & Bair has represented hundreds of truck drivers in cases where jurisdiction is a central issue. In some cases, the firm obtained affidavits from attorneys in other states confirming there was no jurisdiction there. In others, they referred the driver to a qualified attorney in the state where the injury occurred. These cases are complicated and the stakes are high. Seeking counsel from an attorney experienced in Iowa subject matter jurisdiction laws and connected to a network of work injury attorneys in other states is essential.

10 Medical Mistakes That Can Destroy a Truck Accident Injury Claim

Many injured truck drivers and accident victims do not realize that how they handle their medical care has a direct and powerful effect on the outcome of their legal case. Insurance companies scrutinize every medical record looking for gaps, inconsistencies, and missed appointments. Here are the ten most common and costly mistakes to avoid after a truck accident injury.

1. Failing to See a Doctor Immediately

It is your responsibility to prove that the accident caused your injuries. If you wait days before seeking care, the insurance company and a jury may conclude that your condition was not related to the accident at all. Even relatively minor pain can develop into serious problems if left untreated. See a doctor as soon as possible. You do not want the other side's attorney telling a jury that you did not bother seeking medical attention until three days after the crash.

2. Discussing Your Legal Claim With Medical Providers

Your medical providers need to know how you were injured in order to treat you properly, but they do not need to know about your lawsuit, your attorney, or the details of your legal strategy. Whatever you say to your medical providers is not protected when you bring an injury claim. Everything you tell them will end up in your medical records, which the insurance company and potentially a judge or jury will review. Keep conversations with providers focused on your injury and your treatment.

3. Hiding Prior Health History From Your Doctor

When your doctor asks whether you have had prior injury or pain in the same area of your body, be completely honest. Prior medical records will eventually be made available to the insurance company. If you provide incomplete or inaccurate information, it will not only harm the quality of your care but will seriously damage your credibility in the legal case. Be equally honest when describing the accident itself. Do not say your vehicle was totaled if it was not. The insurance company and their lawyers will use any inconsistency to attack your credibility.

4. Missing or Arriving Late to Medical Appointments

Every missed appointment results in a notation in your medical records that says "No Show" or "DNS." Even if you had a valid reason, these entries look bad to insurance adjusters, judges, and juries. More than one missed appointment may suggest to the people evaluating your case that you did not take your injuries seriously. If you need to cancel, call at least 24 hours in advance. Doctors who are frustrated with patients are rarely effective advocates for those patients.

5. Not Telling Your Doctor How Injuries Are Affecting Your Work

Your medical records are the foundation of your injury claim. If there is no mention in those records of how your injury is affecting your ability to do your job, the insurance company and a jury will not simply take your word for it later. If your injury is making it harder or impossible to work, document this by telling your healthcare provider at every appointment. Bringing written notes to appointments can help ensure that important details about your limitations are captured accurately.

6. Failing to Accurately Document Your Pain

Pain is something a doctor cannot see or touch, which is why proper documentation is essential. Insurance companies and juries will look for descriptions of when the pain started, where it is located, how severe it is, and how long it has lasted. Write down your pain and limitations before appointments and give your doctor a copy so nothing is missed. Be accurate and do not exaggerate. If you report unbearable pain while sitting comfortably in the examination room, a negative note in your records can undermine your entire case. When asked to rate pain on a scale of one to ten, remember that a ten represents the worst imaginable pain. Most people have never experienced pain greater than an eight.

7. Not Taking Medications as Prescribed

Doctors prescribe specific medications for specific reasons. Follow your doctor's instructions. If you believe a medication is producing unwanted side effects, call your provider, because they may be able to switch you to something else. Do not stop taking medication on your own without consulting your doctor first. Some medications require gradual tapering, and admitting that you did not follow your doctor's orders can make it look like you were not serious about your recovery.

8. Stopping Treatment Too Soon or Allowing Long Gaps Between Appointments

Juries and insurance companies tend to believe that when a person stops seeking medical care, it is because they have healed. If you stop treatment while still experiencing problems, the opposing side will argue exactly that. Significant gaps of a month or more between appointments will be used to suggest that your injury healed and that any later problems represent a new or undisclosed condition. If your doctor releases you or tells you to come back as needed and your symptoms persist, return to the office. Ask for a referral to a specialist if needed.

9. Failing to Keep Medical Records and Bills

Collect and retain the business card, bill, or contact information for every medical provider you see. Your attorney will need this information to obtain your complete records. Also keep copies of any work restriction notices, referrals, and other orders from your providers. If you must give the original of a work excuse to your employer, make sure you also keep a personal copy.

10. Not Seeking Treatment for Anxiety or Depression

Pain, limited mobility, and disability following a serious truck accident injury frequently cause anxiety and depression. These conditions are real and recognized medical diagnoses, not signs of weakness. However, unless they are properly diagnosed and treated, you are unlikely to receive compensation for them. Tell your doctor if you are experiencing emotional or psychological symptoms as a result of your injury, and follow through with any recommended treatment.

5 Things the Insurance Company Does Not Want You to Know After a Truck Accident

Insurance companies are among the most powerful corporations in the country. They spend millions every year trying to limit the rights of injured Iowans. What they cannot control are the judges and juries that ultimately decide the value of your claim. Here is what they hope you never find out.

1. They Are Legally Allowed to Mislead You

There is no law requiring the insurance company for the other side to tell you the truth or act in your best interests. A friendly insurance adjuster building a rapport with you is a tactic, not a courtesy. Their job is to pay you as little as possible, and adjusters who succeed at this receive bonuses and promotions. They will not tell you what your rights are, what your case is worth, or what steps would actually help you. Do not trust what the adjuster for the other side tells you.

2. You Are Not Required to Give a Recorded Statement

Insurance adjusters routinely tell claimants that they must provide a recorded statement in order for the claim to be evaluated. That is not true. You have no obligation to give a recorded statement to the insurance company for the other side. The purpose of a recorded statement is to ask questions designed to produce answers that can later be used against you. For example, if you answer "no" when asked whether you have ever had back pain before, and medical records from years ago show otherwise, the adjuster's attorney will use that answer to make you appear dishonest. In workers' compensation cases, a non-recorded statement may be appropriate during the investigation phase, but you should consult with an attorney before giving any statement.

3. Their "Final Offer" Is Usually Not Their Best Offer

When an insurance company declares a settlement offer to be their final one, that is almost never the truth. Making another counter-proposal carries very little risk. In the unlikely event they walk away entirely, you can still file a lawsuit. More often, further negotiation produces a better result. Sometimes the only way to get a genuinely fair offer is to file suit and move the case through the legal process.

4. Frustrating You Is a Strategy

When acting friendly does not work, some adjusters switch to a tactic of deliberate frustration. They make very low offers knowing that a certain percentage of injured people will accept almost anything just to stop dealing with the insurance company. If you have suffered a serious injury with potential lifelong effects, do not let frustration push you into a settlement that leaves you undercompensated. An experienced truck accident attorney deals with these tactics every day and will handle all communication with the insurer so you can focus on recovering.

5. They Will Not Pay Your Medical Bills as You Incur Them

Adjusters often tell injured claimants to send their medical bills directly to the insurance company. What they do not mention is that those bills will not necessarily be paid promptly, or at all. This is a strategy designed to let collection notices pile up and pressure you into settling your case for less than it is worth. In car accident and personal injury cases, it is far better to submit medical bills to your own health insurance or to the medical payments coverage under your auto policy. Otherwise, your credit may be damaged and you could end up still holding unpaid bills long after your case is resolved.

Get Help Now In Charles City

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.

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