Eldora Truck Accident Injury Attorneys

Skilled legal guidance for Eldora, Iowa residents injured in semi truck and commercial vehicle accidents.

A collision with a semi truck or other large commercial vehicle can leave an Eldora resident facing serious injuries, significant medical bills, and lost wages. Because large trucks are among the most dangerous vehicles on the road, the outcome for drivers and passengers in smaller vehicles is often devastating. At Walker, Billingsley & Bair, we help Eldora truck accident victims understand what causes these crashes, who can be held liable, and how to pursue the compensation they deserve.

What Causes Semi Truck Accidents in Eldora?

Many heavy truck crashes come down to driver error. Sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distraction, work-related stress, and unfamiliarity with a route are common contributors. Mechanical problems account for many of the remaining crashes, including depowered front brakes, failure to replace worn tires, and transmission failure. Loading errors are another frequent cause, whether from improperly secured cargo, improper load distribution, or manufacturing defects in the truck or trailer itself.

The Five Most Common Types of Fatal Truck Accidents

While these five scenarios are the most common causes of fatal truck crashes, an Eldora truck accident will not necessarily fit neatly into one of these categories, and each case should be investigated individually.

Truck Company Negligence for Poor Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules covering the upkeep of commercial vehicles. Every trucking company is responsible for maintaining its fleet, and although manufacturing defects sometimes play a role, a failure in commercial truck maintenance is often to blame. When poor maintenance is found to be a contributing factor in a crash, or the outright cause of it, the trucking company can be considered negligent and held liable for damages.

Types of Equipment Problems That Cause Crashes

• Brake failure: worn brake pads or shoes that have not been replaced can prevent a driver from stopping in time.
• Jackknifing: when front brakes are depowered or removed, the trailer can fold and crush or strike nearby vehicles.
• Tire problems: blowouts, worn tread, and under or overinflated tires can cause a driver to lose control.
• Poor visibility: malfunctioning lights or windshield wipers can make it difficult for a driver to see the road.
• Trailer detachment: a trailer that is not properly attached to the cab can swing out of control or fully detach.

Establishing Negligence After an Eldora Truck Accident

A personal injury claim following a truck accident must establish four things: a duty of care existed between the parties, the defendant breached that duty, the breach caused the injury, and the injured person suffered damages as a result. These lawsuits typically hinge on whether the truck driver or another responsible party acted negligently and failed to use reasonable care to prevent injury to others. Speeding and exceeding federal hours-of-service limitations are examples of negligent behavior that may leave a party liable.

Iowa's Comparative Fault Rule

Iowa follows a modified comparative fault standard. To recover damages, an accident victim must be found less than 51 percent at fault for the crash. If you are found partially at fault, your total damages will be reduced by your percentage of fault. Understanding how comparative fault may apply to your Eldora truck accident claim is an important part of building a strong case.

Who Can Be Held Liable in an Eldora Truck Accident?

All parties involved in the trucking industry, including the trucking company, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern how long a driver can remain on the road without a break, mandatory drug testing, and load weight limitations. A violation of any of these rules can be a sign of negligence, and if it caused or contributed to a crash, the responsible party can be held liable.

Liable parties in an Eldora truck accident claim 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

A trucking company can be held liable when one of its drivers causes an accident, since these companies are generally responsible for their drivers' actions on the road.

Preserving Evidence in a Truck Accident Case

Commercial trucks often carry onboard devices that record driver activity while the truck is on the road, and trucking companies maintain these records and other logbooks according to federal law and company policy. If evidence in the truck company's possession could be relevant to your Eldora claim, an attorney can send a spoliation letter requiring the company to preserve it before it is lost or destroyed. This is one of many reasons contacting an attorney soon after a truck accident is so important.

Dealing With the Insurance Company After an Eldora Truck Accident

To pursue damages after a truck accident, you will need to file a claim with the responsible insurance company, which will send an adjuster to evaluate your damages. It is important to remember that an adjuster works for the insurance company and generally does not have your best interests in mind. Some common 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, or 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 offer fair compensation, you may need to pursue your claim through a truck accident lawsuit, where your attorney can represent your interests in court.

Damages Available in an Eldora Truck Accident Claim

When a trucking company's negligence causes an accident, compensation may be available for the financial losses a victim has suffered, including: