Dubuque Truck Accident Injury Attorneys

Within the wide-reaching world of highways, trucking accidents can cause major disruptions, frequently resulting in life-changing injuries for those involved. In such chaotic moments, trucking injury lawyers stand as firm advocates, providing guidance and support to survivors. These legal experts excel in navigating the complex terrain of trucking laws and regulations.

Iowa's car accident fault determination is rooted in the detailed regulations outlined in Iowa Code Chapter 321 - Motor Vehicles and Law of the Road. These laws specify the duties and responsibilities of drivers, such as yielding at intersections, maintaining control of their vehicles, and adhering to traffic control devices. Here, we will explore common scenarios and violations that are used to establish fault in Iowa car accidents.

Comparative Fault in Iowa

Iowa operates under a comparative fault system. This means that the fault of each driver involved in an accident is assessed and compared. For example, if one driver is speeding and the other fails to yield, the court will assign a percentage of fault to each driver. If a driver is found to be 51% or more at fault, they cannot recover damages. If a driver is 50% or less at fault, their recoverable damages are reduced by their percentage of fault. For instance, if a driver incurs $100,000 in damages but is 25% at fault, they can recover $75,000 from the other driver.

Common Violations Used to Prove Fault

1. Failure to Stop within an Assured Distance, Failure to Maintain Control, and Following Too Closely
These violations often occur in rear-end collisions. According to Iowa law:

- Assured Clear Distance Ahead: Drivers must operate their vehicles at a speed that allows them to stop within the distance they can see to be clear.
- Failure to Maintain Control: Drivers must control their vehicles and reduce speed appropriately when approaching intersections or other hazards.
- Following Too Closely: Drivers must maintain a reasonable distance from the vehicle ahead, considering speed, traffic, and road conditions.

2. Failing to Yield
Yielding violations can result in various types of accidents, such as those at uncontrolled intersections or during lane changes. Key yield rules include:

- Meeting and Turning Right: Vehicles meeting on a road must turn right and yield half the road to the other.
- Approaching or Entering Intersections: Vehicles must yield to those on their right when arriving at an intersection simultaneously.
- Backing onto a Highway: Drivers must yield to approaching traffic when reversing onto a highway.
- Slow-Moving Vehicles: Slower vehicles must stay in the right-hand lane or as close to the right curb as possible.
- Driving on the Right Half of the Road: Vehicles must be driven on the right side except when overtaking, avoiding obstructions, or on one-way roads.
- Entering Through Highways: Drivers must yield to vehicles on through highways before proceeding.

3. Failing to Obey Traffic Control Devices
Common violations include running red lights or stop signs. The rules for traffic signals are:

- Green Light: Vehicles may proceed but must yield to traffic and pedestrians in the intersection.
- Yellow Light: Vehicles must stop if it is safe to do so.
- Red Light: Vehicles must stop and remain stopped until the light changes, except when making permitted turns.
- Green Arrow: Vehicles may proceed in the direction of the arrow but must yield to others in the intersection.
- Left Turns: Drivers must yield to oncoming traffic when making left turns.

Commercial Truck Accidents and Liability

When accidents involve commercial vehicles, such as delivery trucks, liability can extend beyond the driver to include the trucking company or other entities. The injuries from these accidents tend to be severe due to the size and weight of commercial trucks.

Determining Liability

Liability in commercial truck accidents often hinges on the employment status of the driver and the maintenance of the vehicle:

- Employer Liability: Under the doctrine of respondeat superior, a trucking company is typically liable for accidents caused by its employees.
- Independent Contractors: If the driver is an independent contractor, liability may fall on the driver rather than the company.
- Product Malfunctions: If a defective part causes the accident, the manufacturer or another party responsible for the defect may be liable.

Proving Negligence

To establish liability, the injured party must prove negligence, which can include:

- Failing to inspect or maintain the vehicle properly
- Improper loading of cargo
- Driving while impaired
- Speeding or aggressive driving
- Violating traffic laws

Truck Company Negligence for Poor Maintenance

Trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and must maintain their vehicles adequately. Poor maintenance can lead to equipment failures that cause accidents. Common equipment issues include:

- Brake Failure: Worn brakes can prevent a truck from stopping, leading to collisions.
- Tire Blowouts: Under or overinflated tires or worn treads can cause dangerous blowouts.
- Lighting Issues: Non-functioning lights impair visibility.
- Trailer Problems: Improperly attached trailers can swing out of control.

Recoverable Damages

Victims of truck accidents caused by negligence can seek compensation for:

- Medical expenses (ambulance, hospitalization, follow-up visits, medication, physical therapy, and future medical costs)
- Lost income due to recovery time
- Reduced earning capacity due to disabilities
- Property damage
- Pain and suffering
- Emotional distress (e.g., PTSD)

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.