Council Bluffs Truck Accident Injury Attorneys

In the extensive realm of highway networks, trucking accidents can cause considerable upheaval, often leading to severe injuries for those affected. During these challenging times, trucking injury lawyers serve as steadfast allies, offering guidance and support to survivors. These legal specialists are adept at handling the intricate landscape of trucking laws and regulations.

Seeking Damages After an Iowa Semi Truck Accident

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.

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:

- An insurance adjuster who underestimates the value of your claim.
- An insurance adjuster who delays an investigation in an attempt to frustrate you into accepting their settlement offer.
- An insurer that uses its own medical professionals to downplay your personal injury or claim that you had a pre-existing condition.

If the insurer refuses to pay you what you deserve, then you may have to pursue compensation in an Iowa truck accident lawsuit. In an Iowa truck accident 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 was the cause of your personal injuries. When doing so, you may be able to claim damages from several responsible parties. These parties may include:

- 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.

Common Types of Fatal Semi Truck Accidents

Large commercial trucks and tractor-trailers are heavy, difficult to maneuver, and obstructive of other drivers' views. Under any conditions, these tremendous vehicles are generally the most dangerous vehicles on the road. As a result of these dangers, an Iowa semi truck accident can have devastating consequences.

The five most common types of fatal truck accidents include:

- Underride accidents: These accidents occur when smaller passenger vehicles drive underneath large commercial trucks.
- Override accidents: This type of accident occurs when a larger commercial truck drives over a smaller vehicle, motorcycle, or pedestrian.
- Jackknife accidents: This type of accident can occur when a semi suddenly hits its brakes, and the trailer folds into the truck.
- Head-on collisions.
- 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.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations pertaining to a variety of areas. One is commercial truck maintenance. Every truck company is responsible for maintaining its big rigs.

Examples of FMCSA Truck Maintenance Regulations

The following are just some of the federal regulations pertaining to the maintenance of large trucks:

- Recordkeeping of inspections, repairs, and maintenance performed.
- Correct any violations or defects noted on roadside inspection reports.
- Post-trip inspection report at the end of each driving time.
- Periodic inspections to take place at least once every 12 months.

FMCSA Regulations for Inspectors

Certain types of inspections require that those conducting them meet special qualifications. One specific type is brake inspectors, who must have adequate training and experience. Truck companies must have evidence of that person’s qualifications, kept on file throughout employment and for an additional year after the employee leaves.

Although inspectors or others who are in charge of commercial truck maintenance could potentially be liable for injuries that are a result of poor maintenance, ultimately the truck company is responsible. So whenever there is a concern that poor truck maintenance was the cause of an accident, the motor carrier company is likely going to be named in a claim.

Important Equipment for Truck Safety

Certain types of equipment on a truck are especially important to keep properly maintained. In addition to brakes, it’s just as critical to keep in good condition:

- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

All inspection, repair, and maintenance records are required to be kept by the truck company at the vehicle’s garage location, and six months after the vehicle is sold, scrapped, or otherwise handled. If it’s believed that poor truck maintenance was the cause of a crash, a truck company can be considered negligent and liable for any injuries suffered as a result.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

We all want to be treated fairly in life whether it is your employer or the insurance company. Here are 6 little-known secrets to help you get a fair settlement:

1. Know Your Facts and the Law

If you are trying to handle a case on your own, then you will need to know the facts of your case and how Iowa laws apply to them. Otherwise, the insurance adjuster will push you around and you will have little, if any, response to them. Keep in mind that insurance adjusters are trained to use different techniques to convince you to settle your case for less than fair value. One of the most common techniques is "I am your friend." The adjuster will tell you to send the medical bills to them and they will give you a fair settlement. They will tell you that you don't need a lawyer because it will just cost you more money and take longer. What the insurance adjuster will not tell you is that it is perfectly legal for them to lie, cheat, and steal from you in order to try to settle your case for less than what it is worth.

Another technique is that they will tell you how bad your case is and that you should just settle because you will never get more than what they are offering. They may tell you, "We only pay for three months of treatment after a 'soft-tissue' injury because they all heal within that time." You may or may not have a good case, but the insurance adjuster is not going to help you make this decision.

2. You Do Not Have to Give a Recorded Statement

In most cases, you are not required to give the insurance adjuster for the other side a recorded statement. This is especially true if you were involved in a car accident where the police were called and there is a police report. Under these circumstances, you should politely decline to give a recorded statement and refer the insurance adjuster to the police report and your medical records. In some cases, it may make sense for you to provide a non-recorded statement as it may speed up the claims process. There are a few cases, such as when you are bringing a claim against your own insurance company for UIM (underinsured motorist) or UM (uninsured motorist), that you may be required under the language of the insurance policy to provide a recorded statement.

3. Always Tell the Truth

Honesty is always the best policy. Insurance companies have massive databases with information about any and all prior claims that you have made. If the insurance adjuster asks you if you have ever made a personal injury claim and you say "no," if there are prior claims in their database then you have likely hurt the value of your case.

4. In Car Accident and Personal Injury Cases, Ask the Adjuster How Much Insurance Coverage They Have Available

This will often catch the insurance adjuster off guard coming from a person without an attorney. The chances are that they will not tell you how much insurance coverage because they would prefer to hide the ball and not disclose this very important information. Under Iowa law, the state minimum for car accidents is only $20,000 per person for personal injuries. If you have sustained a serious permanent injury, then you will need to consider looking at your own UIM (underinsured motorist) policy for additional coverage. However, keep in mind that there are very specific requirements such as obtaining permission from your own insurance company before agreeing to a settlement, providing documentation to your own insurance company for them to review, etc.

5. Making Threats Will Not Help Your Case

Remember, the insurance adjuster is a trained professional whose job is to pay you as little as possible for your case and increase insurance company profits. Making threats like, "I am going to sue you" or "Let me talk to your boss," seldom will help increase the value of your case. First, the insurance adjuster will now know that they can get you angry and anger is not good for an injury case. Secondly, they have teams of lawyers standing by to defend your case so threatening to file a suit does not bother them. Also, chances are that if you file suit, then your file will be moved to another insurance adjuster, reducing the number of cases and the amount of work that the adjuster must do.

6. Do Your Research to Know How Much Your Case Is Worth

It is very hard to negotiate with an insurance adjuster if you do not know how much your case is worth. You should do research in Iowa for cases that have gone to trial that are similar to yours and how much the judge or jury provided. Without this vital information, it is difficult to negotiate.

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.