Des Moines Truck Accident Injury Attorneys

Truck accident cases in Iowa are among the most legally complex injury claims an individual can face. Whether you were injured by a commercial truck on a Des Moines highway, you are an Iowa-based truck driver hurt while working in another state, or you are trying to figure out who is responsible for your mounting medical bills, understanding your rights and the legal landscape surrounding these cases is critical. Here is what you need to know.

Truck Company Negligence: When Poor Maintenance Causes Serious Crashes

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life-threatening injuries when a commercial vehicle is involved in a crash. While driver errors are often a contributing cause, sometimes the root of the problem lies with the trucking company itself. When equipment failure due to poor commercial truck maintenance is to blame, the company that owns and operates that vehicle may be found negligent and held liable for the resulting damages.

Federal Regulations Require Proper Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration, commonly known as the FMCSA. Among other things, the FMCSA enforces rules pertaining to the upkeep and maintenance of commercial vehicles. Every truck company is responsible for maintaining its big rigs in a safe operating condition. When a company fails to meet those obligations and a crash results, that failure becomes a key element of a negligence claim against that company.

Common Equipment Failures That Lead to Truck Accidents

Certain types of equipment failures are more likely to cause a crash or significantly worsen the impact of one. Understanding these failure points helps illustrate how dangerous poor maintenance can be on busy Iowa roads and interstates.

Brake failure is one of the most serious maintenance-related hazards. When brakes, including brake pads or shoes, are worn and have not been replaced, a driver may be unable to stop the vehicle in time to avoid a collision. Trucks can also jackknife when front brakes are depowered or removed entirely. This causes the trailer of the big rig to fold inward and swing out, which can crush or strike other vehicles nearby with devastating force.

Tires are another frequent source of equipment problems. A blowout creates multiple dangers at once. Flying debris can strike other vehicles, and a driver who loses control of an 80,000-pound commercial truck during a blowout can cause catastrophic collisions. Worn tire treads, as well as tires that are under or overinflated, are maintenance issues that can trigger these outcomes.

Lighting failures are an additional concern. If a truck's lights are not functioning properly, visibility for the driver and for other motorists who need to see the truck on the road is compromised. Windshield wiper failures can create the same hazard in rainy or snowy conditions. When a driver cannot see the road clearly, the risk of a serious crash increases dramatically.

Trailer attachment problems are also worth noting. If a trailer is not properly attached to the cab of the truck, it can swing out of control or completely detach. Either scenario puts every other vehicle on the road at serious risk of catastrophic injury.

What Damages Can Be Recovered in a Truck Accident Claim

When a trucking company's negligence is the cause of an accident, compensation may be pursued for a wide range of financial and personal losses. On the financial side, recoverable damages can include ambulatory services, hospitalization costs, follow-up doctor visits, medication expenses, physical therapy, and anticipated future medical expenses. Lost income during the healing and recovery period may also be compensated. If the injuries are disabling and prevent the person from returning to work at all, or if the individual must accept lower-paying work because of a lasting impairment, those long-term income losses may also be included in the accident claim. Property damage to the victim's vehicle will also be addressed, and if the vehicle is totaled, its replacement value may be factored into the claim.

Beyond financial losses, physical losses such as pain and suffering, disability, disfigurement, and a reduced quality of life may all be compensated. Emotional harm, including mental anguish, post-traumatic stress disorder, and other psychological injuries that result from the crash, may also be addressed through a truck accident claim.

Finding a trucking company responsible for negligence is not always straightforward. It requires a thorough investigation into the truck's maintenance records, inspection history, and the specific equipment involved in the crash. Working with an experienced Des Moines truck accident attorney who handles these cases is essential to building the strongest possible claim.

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 all over the United States and operate in most states across the country. When an Iowa-based truck driver is injured while working in another state, one of the first and most important legal questions that must be answered is whether Iowa has jurisdiction over the workers' compensation claim, or whether the injured driver must file in a different state.

Iowa Code Section 85.71, as amended on July 1, 2017, determines whether a workers' compensation case can be successfully brought in Iowa. Getting this question right from the very beginning is critical because time limitations for filing claims can be as short as one year in some states. Waiting to see what happens is not a viable strategy. Even if an employer initially acknowledges a claim as an Iowa case, they can later change that position, potentially leaving the injured driver with no compensation if the proper alternative filing was not made in time.

Five Ways Iowa May Have Jurisdiction Over Your Truck Accident Claim

There are five primary circumstances under which Iowa may have jurisdiction over a truck driver's workers' compensation case, even if the injury occurred outside of Iowa.

The first and most straightforward situation is when the injury itself happened in Iowa while the driver was working. Iowa law provides subject matter jurisdiction for any personal injury sustained by an employee arising out of and in the course of employment within the state.

The second situation applies when the employer has a place of business in Iowa and the driver works under a contract of hire that specifically states workers' compensation claims will be governed by Iowa law, and the driver regularly works in Iowa. Some Iowa trucking companies, including companies such as TMC/Annette Holdings and Barr-Nunn, prefer to handle all work injury claims under Iowa law and enter into contracts that give Iowa jurisdiction over work injuries regardless of where they occur. Reviewing the exact language of your employment contract is essential to determining whether this applies to your situation.

The third situation covers cases where the employer has a place of business in Iowa and the driver regularly works at or from that Iowa place of business, even without a contract specifically granting Iowa jurisdiction. The Iowa Workers' Compensation Commissioner has defined ""regularly works at or from"" to mean that it is usual or customary for the employee to work out of the employer's Iowa terminal as their home terminal, pick up loads in Iowa, and transport loads within or through Iowa. There is no requirement that a majority of time be spent in Iowa to meet this standard.

The fourth basis for Iowa jurisdiction arises when the contract of hire was made in Iowa and the driver regularly works in Iowa. This has been interpreted to mean where the driver was physically located when they agreed to become employed by the trucking company. If the driver was physically in Iowa when they accepted the job offer, Iowa jurisdiction is supported. However, if the driver was in another state when they accepted the offer, even if they spoke with an Iowa employer by phone, Iowa likely does not have jurisdiction under this provision.

The fifth situation covers cases where the contract of hire was made in Iowa and the driver has no remedy under the workers' compensation laws of another state. This can occur when some states do not allow subject matter jurisdiction even for injuries that occurred within their borders, particularly when the employer is based in a different state and did not pay into that state's system.

Why Getting Jurisdiction Right Is So Important

The subject matter jurisdiction question is not one that can be resolved carelessly or delayed. An employer can raise the issue of jurisdiction at any point in the proceedings, including after a trial has concluded and the case is on appeal. If the courts ultimately determine that Iowa does not have jurisdiction, and the injured driver has not timely filed a claim in a state that does, the driver could be left with no compensation at all for their injuries.

The attorneys at Walker, Billingsley & Bair have represented hundreds of truck drivers where subject matter jurisdiction was a significant issue. In some cases, they obtained affidavits from attorneys in other states confirming that no jurisdiction existed there, supporting the Iowa claim. In other cases, they referred the injured driver to an attorney in the state where the injury occurred and where jurisdiction was properly established. Having access to a network of work injury attorneys in other states is critical to navigating these cases effectively. You can also read more about Iowa truck companies and injured workers' rights and the related topic of truck drivers hurt outside of Iowa who have an Iowa workers' compensation claim.

Who Pays Your Medical Bills After a Truck Accident in Iowa?

One of the most pressing concerns for anyone injured in a truck accident is how their medical bills will be paid while their claim is pending. The answer depends significantly on the nature of the accident and the relationship between the injured person and the truck involved.

If You Were Injured as a Truck Driver at Work

If you were injured while working as a truck driver, workers' compensation generally requires your employer and their insurance company to provide you with medical care and treatment, including paying for all treatment that they authorize. In severe cases, this can extend to modifications to your home and lost wages incurred by a spouse or loved one who must care for you during recovery. There are also circumstances in which an employer can be held responsible for medical expenses incurred with providers they did not approve. For example, if the work injury claim has been denied, the employer loses control over your medical treatment and may still be responsible for paying the bills.

If You Were Injured as a Driver or Passenger in a Truck Crash

If you were injured in a truck or car crash caused by another driver or a negligent trucking company, the payment of medical bills works very differently. In Iowa, the at-fault driver's insurance company is rarely required to pay your medical bills as they are incurred. Even in cases where liability is clear and the insurance company has already paid for your property damage, they are not obligated to pay your ongoing medical expenses. Insurance companies routinely withhold payment until a final settlement is reached and they can obtain a release from the injured party.

This means injured victims in Des Moines and across Iowa need to identify other sources to cover their medical expenses while the claim moves forward. These sources can include your own health insurance from your employment benefits, health insurance you purchased personally, health insurance obtained by a spouse or parents, medical payments coverage from your own auto insurance policy, coverage available through HealthCare.gov or Medicaid if you are uninsured, or personal funds if no other coverage is available.

It is also worth knowing that if sufficient funds are not available to pay medical providers during the pendency of a claim, an attorney's office can often facilitate assignments where the client authorizes payment to the medical provider directly from any future settlement or verdict. This can satisfy the health provider's billing requirements and often allows them to wait for payment until settlement rather than pursue collection action against the injured person.

One important caution: nearly all insurance policies include a subrogation provision, which means that if you receive money from another party or insurance company to cover your medical bills, your own insurer has the right to seek reimbursement from that amount. Managing subrogation properly is one of the ways a qualified Des Moines truck accident attorney can significantly increase the net recovery you actually receive.

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