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When Poor Truck Maintenance Causes a Crash: Holding Trucking Companies Accountable
Not every truck accident in Iowa is caused by driver error. A significant number of serious commercial truck crashes result from equipment failures that were entirely preventable through proper maintenance. Federal Motor Carrier Safety Administration regulations impose strict maintenance requirements on trucking companies, and when those companies cut corners to save time or money, innocent motorists pay the price.
Common Equipment Failures That Cause Truck Accidents
Several types of mechanical failures are especially dangerous when they occur in a fully loaded commercial truck traveling at highway speeds. The following equipment problems, when caused by inadequate maintenance, can form the basis of a negligence claim against the trucking company:
- Brake failure: Brakes are the most critical safety system on any truck. When a heavily loaded commercial vehicle's brakes fail due to worn components or neglected inspections, stopping distances become impossibly long and catastrophic collisions result.
- Jackknifing: This occurs when the trailer swings out relative to the cab, often triggered by sudden braking or equipment malfunction. Poorly maintained braking systems are a leading contributor to jackknife accidents.
- Tire blowouts: Tires on commercial trucks bear enormous stress. When tires are not properly inspected and replaced as required, a sudden blowout at highway speed can cause the driver to lose control entirely.
- Lighting failures: Burned-out or malfunctioning lights make a large truck nearly invisible to other motorists at night or in low-visibility conditions, dramatically increasing the risk of collision.
- Trailer detachment: A trailer that separates from the cab due to a failed coupling or improperly secured connection becomes an unguided projectile capable of causing mass casualties.
The Trucking Company's Duty to Maintain Its Vehicles
Federal regulations require trucking companies to keep detailed maintenance records on their vehicles. Driver qualification files must be retained for three years, logbooks must be kept for six months, and maintenance records must be preserved for one year. These records are critical evidence in a truck accident case because they reveal whether the company was keeping up with required inspections and repairs, or whether it knew about a defect and failed to address it before allowing the truck to continue operating.
One of the first and most important steps after a serious truck accident is sending a spoliation letter demanding that the trucking company preserve all records, electronic data, and physical evidence related to the vehicle and the crash. This includes the truck's electronic control module, commonly called the black box, which records data about vehicle speed, braking, and other operational details in the moments before the collision. This evidence can be overwritten or destroyed quickly, which is why prompt legal action is essential.
Accident Reconstruction and Building the Case
Because truck accident cases are aggressively contested by the carriers and their insurers, building a winning case often requires the use of expert accident reconstructionists who can analyze the physical evidence, review the electronic data, and render an opinion on what caused the crash. An experienced Iowa truck accident attorney knows how to engage these experts, obtain the preserved records before they disappear, and identify every potentially liable party, including the truck company, the driver, the maintenance contractor, and in some situations the manufacturer of a defective component.
Who Should Pay Your Medical Bills After a Denison Truck Accident?
One of the most pressing practical concerns for truck accident victims is figuring out who is responsible for paying the medical bills that begin arriving almost immediately after a crash. The answer depends on how the accident occurred and what type of insurance coverage is available, but the one answer that almost never applies in a truck accident case is that the other driver's insurance company will pay bills as they come in.
Why the Truck Company's Insurer Will Not Pay Your Bills Upfront
In Iowa truck accident and car accident cases, the at-fault party's insurance company is not required to make payments toward your medical bills as they are incurred. This is true even when liability is obvious and the insurer has already paid for your property damage. The truck carrier's insurance company will typically make payments only at the time of a final settlement, when they can obtain a full release of all claims. Do not expect, and do not rely on, the truck company's insurer to cover your ongoing treatment costs while your claim is pending.
Six Sources for Paying Your Medical Bills While Your Claim Is Active
Because payment from the at-fault insurer is not available until settlement, you will need to use other resources to ensure your medical treatment continues without interruption. The following six sources should be considered, roughly in the order of practicality for most Iowa truck accident victims:
- Your own health insurance from your employer's benefits package. This is typically the most straightforward and cost-effective option for covering medical treatment while your claim is pending.
- Your own personally purchased health insurance. If you carry your own individual or family health insurance policy, it should be used to cover treatment costs.
- Health insurance held by a spouse or parent. If you are covered under a spouse's policy or, if you are a dependent, under a parent's plan, that coverage can be used for your care.
- Medical payments coverage under your own auto insurance policy. This coverage, sometimes called MedPay, can pay your medical bills regardless of fault. In some situations you may be entitled to draw on MedPay both from the insurance on the vehicle you were in and from your own separate policy.
- Healthcare.gov or Medicaid. If you are not currently insured, you may qualify for coverage through the Affordable Care Act marketplace or Medicaid through the Iowa Department of Human Services.
- Your own personal funds. If no insurance coverage is available and you have the ability to pay bills out of pocket as they arrive, doing so will prevent collection activity and protect your credit.
When funds are simply not available to pay medical providers, Walker, Billingsley & Bair can help facilitate assignment arrangements where medical providers agree to wait for payment until the case settles, with the firm authorized to pay them directly from any settlement or verdict. This arrangement often satisfies healthcare providers and prevents them from pursuing collection against you while your claim is still being resolved.
It is also important to understand that nearly all insurance policies contain a subrogation provision. This means that if your health insurer pays your medical bills and you later recover money from the at-fault truck company's insurer, your health insurer is entitled to be reimbursed from that recovery. An experienced Iowa truck accident attorney accounts for subrogation obligations when negotiating your settlement to ensure you are not left holding unexpected debts after the case closes.
10 Medical Mistakes That Can Destroy a Truck Accident Claim
How you handle your medical treatment after a truck accident has enormous consequences for your legal claim. Insurance companies and their attorneys scrutinize medical records looking for anything they can use to minimize the value of your case. Avoiding the following ten common mistakes protects both your health and your right to full compensation.
1. Failing to see a doctor immediately. It is your responsibility to prove that the accident caused your injuries. If you delay seeking medical care, the insurance company will argue that your injuries are not related to the crash. Even relatively minor pain can become a serious problem later, and the sooner you are evaluated, the stronger the connection between the accident and your injuries becomes in the medical record.
2. Discussing your lawsuit or legal claim with your medical providers. Your medical providers are there to treat your injuries, not to advise on your case. While you should always tell them how you were injured, your concerns about your claim or the involvement of an attorney do not need to be discussed. Everything you say in a medical appointment ends up in your records, which the insurance company will obtain and review in full.
3. Hiding your prior health history from your doctor. If you have had prior injuries or problems in the same area of the body now affected by the crash, be honest about them. Hiding past medical issues will not only compromise your care but will also be discovered by the insurance company through medical record databases. Concealment damages your credibility far more than the underlying history itself would have.
4. Missing or arriving late to medical appointments. Every missed appointment appears in your records as a "No Show" or "DNS." Multiple no-shows create the impression that you did not really care about getting better, which is exactly what the insurance company's attorney will argue to a jury. If you need to reschedule, call at least 24 hours in advance. Doctors whose schedules are disrupted by missed appointments also tend to be less effective advocates for their patients.
5. Failing to tell your doctor how the injury is affecting your ability to work. Medical records are the heart of your injury claim. If your records contain no mention of difficulty performing your job, the insurance company will not simply take your word for it at trial. Tell your treating providers specifically and clearly how the injury is limiting your work, and consider bringing written notes to appointments to ensure nothing important is overlooked.
6. Letting pain go undocumented. Pain is invisible, and the only way it becomes part of your claim is if it is documented in your medical records. Tell your providers where the pain is, how severe it is, and how long it has lasted. When asked for a pain scale rating, keep in mind that a ten represents the worst pain imaginable. Be accurate and consistent rather than exaggerating, as inconsistencies between your stated pain level and your observable demeanor will generate negative notes in your chart.
7. Not taking medications as prescribed. If your doctor prescribes medication, follow those instructions. If you experience side effects, call the office rather than simply stopping on your own. Some medications must be tapered, and documenting that you did not follow your doctor's orders gives the insurance company another angle to attack the seriousness of your injury.
8. Stopping treatment too soon or allowing large gaps between visits. Insurance companies and juries tend to believe that when someone stops seeking medical care, they must have healed. Long gaps between treatments are used to argue that a new injury unrelated to the original accident is responsible for your ongoing problems. If your doctor tells you that you are released or to come back as needed, return at the first sign that symptoms are not fully resolved.
9. Failing to keep records of every provider and every bill. Collect and keep the business cards, statements, and contact information for every medical provider you see. Keep copies of work excuses, activity restrictions, referrals, and any other orders provided to you. Your attorney needs this documentation to obtain records and build the full picture of your damages.
10. Not seeking treatment for anxiety or depression resulting from the injury. Pain, disability, and the disruption a serious truck accident causes to your life often trigger genuine anxiety and depression. These conditions are as real and compensable as a broken bone. If you are experiencing psychological effects from the crash, tell your doctor and pursue appropriate treatment. Conditions that are not diagnosed and treated are unlikely to be compensated, even when they are entirely legitimate.
Get Help Now In Denison
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.