Dallas Center Truck Accident Injury Attorneys

What Insurance Companies Do Not Want Dallas Center Truck Accident Victims to Know

Insurance companies are among the richest and most powerful corporations in the country, and their financial interests are not aligned with those of injured accident victims. There are a number of things insurance companies would rather accident victims never learn.

The Insurance Adjuster Is Not Your Friend

There is no law requiring the insurance company for the other side to tell you the truth or act in your best interests. Adjusters sometimes act friendly and try to build trust, especially when injuries are serious, but their job is to pay you as little as possible. They are not going to explain your rights or the best way to proceed with your claim, and it is a mistake to trust anything the insurance company for the other side tells you.

You Do Not Have to Give a Recorded Statement

An adjuster may tell you a recorded statement is required to evaluate your claim, but you have no legal obligation to provide one. Adjusters often use recorded statements to ask questions in a way that can later be used against you, particularly around prior injuries or health history. Your credibility matters a great deal in an injury claim, and a recorded statement is one of the first places an insurance company will try to damage it.

Their "Final Offer" Often Is Not Their Best Offer

During negotiations, an insurance company may claim they are presenting their final offer, but this is frequently not the case. There is little downside to proposing a counteroffer, since it is unlikely they will withdraw their offer entirely. Sometimes it takes filing a lawsuit and moving through that process to get to their actual best offer.

They May Try to Frustrate You Into Settling

When a friendly approach does not work, some adjusters intentionally use frustration as a tactic. A low initial offer is meant to make you angry, with the hope that you will accept a low-ball settlement just to be done dealing with them. An experienced injury attorney knows these tactics and can handle the insurance company on your behalf so you can focus on your recovery.

They Will Not Pay Your Medical Bills as You Incur Them

An adjuster may ask you to send your medical bills to them, but that does not mean those bills will actually be paid. This can be a strategy to pressure you into settling cheaply once collection calls start coming in from creditors and providers. In car accident and personal injury cases, it is often best to have medical bills paid through your health insurance or medical payments coverage under your own car insurance policy while your claim is pending.

Seeking Damages After a Dallas Center Semi Truck Accident

To pursue damages after a truck accident, you will need to file a claim with the responsible insurance company, which will then send an adjuster to evaluate your damages. Keep in mind that this adjuster works for the insurance company and generally will not have your best interests in mind. Insurance industry tactics to watch for include an adjuster who underestimates the value of your claim, one who delays the investigation to frustrate you into accepting a lowball offer, and an insurer who uses its own medical professionals to downplay your injury or claim you had a pre-existing condition. If the insurer refuses to pay what you deserve, you may need to pursue compensation through a truck accident lawsuit, where your lawyer can represent your interests in a formal court of law.

Determining Liability After a Truck Accident

In a truck accident lawsuit, you will need to prove that the defendant's negligence caused your injuries, and liability may extend to several responsible parties, including the driver of the truck, the trucking or shipping company, the safety director of the company, the vehicle inspector, or the manufacturer of the truck. An Iowa truck accident lawyer can investigate your case to determine liability and represent your interests, allowing you to focus on recovery instead of dealing with insurance adjusters and drawn-out negotiations.

The Five Most Common Types of Fatal Semi Truck Accidents

Large commercial trucks and tractor-trailers are heavy, difficult to maneuver, and can obstruct other drivers' views, making them some of the most dangerous vehicles on the road. The five most common types of fatal truck accidents include underride accidents, where a smaller passenger vehicle drives underneath a large commercial truck, and override accidents, where a larger truck drives over a smaller vehicle, motorcycle, or pedestrian. Jackknife accidents occur when a semi suddenly hits its brakes and the trailer folds into the truck. Head-on collisions and rollovers round out the list. While these are the most common scenarios, a Dallas Center truck accident will not necessarily fall neatly into one of these categories.

When a Delivery Driver Causes a Commercial Truck Accident in Dallas Center

A delivery truck is considered a commercial vehicle under Iowa Department of Transportation guidance, and when an accident involving a delivery truck or other commercial vehicle occurs, the resulting injuries are often very serious.

Who Is Liable for an Accident Caused by a Commercial Driver?

In most cases, one of two parties will be held liable: the driver of the vehicle or the company that owns the truck. 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 acting within the scope of employment. If the driver is an independent contractor, the driver may be held liable rather than the company that contracted with them. In some cases, neither the driver nor the trucking company is at fault, such as when a defective part causes the crash. In that situation, the manufacturer of the truck or truck part, the shipper, or the party responsible for loading the cargo may be held liable instead.

Proving Negligence in a Commercial Truck Accident

If you were injured in an accident caused by a commercial driver, you will need to prove negligence on the part of the at-fault party. Examples of negligence include failing to perform an inspection or maintenance on the vehicle, improper loading of cargo, impaired driving, speeding, aggressive driving, and failure to follow traffic laws. Negligence generally means someone acted, or failed to act, in a way that a reasonable person in the same situation would not have. Be prepared for the trucking company to launch its own investigation into the crash soon after it happens.