Ely Truck Accident Injury Attorneys

What Causes Semi Truck Accidents?

Many heavy truck crashes near Ely are caused by driver error, including sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distraction, work stress, and unfamiliarity with the road. Mechanical problems account for many of the other crashes, including depowered front brakes, tires that were not replaced when worn, and transmission failure. Other causes include loading errors, improperly secured cargo, improper load distribution, and manufacturing errors.

Establishing Negligence in a Truck Accident Case

A personal injury action arising from a semi truck accident must prove a duty of care between the parties, that the defendant breached that duty, that the breach caused the injury, and that the claimant suffered damages as a result. These cases typically hinge on whether a truck driver or another party acted negligently and failed to provide reasonable care to prevent injury to others. Speeding and exceeding federal hours-of-service limitations are examples of negligent behavior that can leave a party liable.

Iowa is a modified comparative fault state, meaning an accident victim must be less than 51 percent at fault to recover damages. However, the victim's compensation is reduced in proportion to their percentage of fault. Because of this, proving the truck driver or trucking company's negligence, and minimizing any argument about the victim's own fault, is central to a strong claim.

Liable Parties and the Role of Truck Company Negligence

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and those responsible for loading cargo, may be legally liable if their actions caused an accident near Ely. Federal Motor Carrier Safety Administration 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 that violation caused or contributed to the accident, the responsible party can be held liable.

A trucking company can be held liable when one of its drivers causes an accident, since these companies are responsible for their drivers' actions while on the job. Poor commercial truck maintenance is another significant source of trucking company negligence. Every truck company is responsible for maintaining its vehicles, and when a maintenance failure contributes to or causes a crash, the company can be considered negligent and liable for the resulting damages.

Evidence and Records That Support a Claim

Trucks often carry onboard devices that record driver actions while the truck is on the road, and trucking companies are required to maintain these records and other logbooks under federal law and company policy. If a victim believes these records, or other evidence in the trucking company's possession, could be relevant to a legal claim, an attorney can send a spoliation letter to the company to preserve that evidence before it is destroyed. This is one of many reasons contacting an attorney promptly after a truck accident near Ely is important.

Can You Trust the Insurance Company?

There are more than 100 insurance companies selling policies in Iowa. While people buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is looking out for the policyholder, or for an injured truck accident victim dealing with that company's insured driver.

Protecting Yourself When Dealing With Insurance

Always tell the truth, since anything said to an adjuster can be used against you later, and even a small inconsistency can damage your credibility. Keep documentation of your damages, including a journal describing how you feel day to day, doctor's excuses for missed work, and records of medical appointments and bills. Be thorough at every medical appointment, since your description of your injuries becomes part of the record an insurance company will use to evaluate your claim, and waiting weeks or months to mention a new problem can lead an insurer to argue it was unrelated to the crash.

Attending medical appointments regularly also matters, since failing to see a doctor is often treated as evidence of a full recovery, both by the insurance company and potentially by a judge or jury later. Because insurance companies employ trained professionals to handle claims, having your own professional, such as an attorney, helps level the playing field when pursuing fair compensation after a truck accident.