Guthrie Center Truck Accident Injury Attorneys

A collision with a commercial truck near Guthrie Center is a serious matter, especially for motorists who sustain significant injuries in the crash. Victims of large truck accidents have strong legal protections when they were not at fault, but understanding those rights, the role truck company negligence often plays, and the tactics insurance companies use takes some explaining. The Guthrie Center truck accident attorneys at Walker, Billingsley & Bair want local victims to understand all three before they speak with an adjuster or sign any paperwork.

Legal Options After a Semi Truck Accident

It is important to understand your rights and responsibilities when pursuing legal action against a trucking company after a serious crash.

What Causes Semi Truck Accidents?

Many heavy truck crashes are caused by driver error, such as sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems account for many of the other crashes, including depowered front brakes, failing to replace worn tires, and transmission failure. Other causes include loading errors, improper securing of loads, improper load distribution, and manufacturing errors that go unnoticed until it is too late.

Establishing Negligence and Iowa's Comparative Fault Rule

A personal injury action arising after a semi truck accident must prove a duty of care existed between the parties, that the defendant breached that duty, that the breach caused the injury, and that the claimant suffered damages. These cases typically hinge on whether the truck driver or another party acted negligently and failed to provide reasonable care to prevent injuries to others. Speeding and exceeding hours-of-service limitations are examples of negligent behavior that may leave a party liable. Iowa is a modified comparative fault state, meaning an accident victim must be less than 51 percent at fault in an accident to recover damages, with any recovery reduced by the victim's percentage of fault.

Liable Parties and Preserving Evidence

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern how long a driver can stay on the road without a break, mandatory drug testing, and load weight limitations, and a violation of one of these rules may be a sign of negligence. A trucking company can also be held liable when one of its drivers causes an accident, since these companies are responsible for their drivers' actions. Trucks often carry onboard devices that record driver actions, and if a Guthrie Center victim believes these records could be relevant to a claim, an attorney can promptly send a spoliation letter to the trucking company to help preserve the evidence.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life-threatening injuries. Although driver errors are often the cause of these accidents, sometimes it stems from truck company negligence, which could be the case if equipment problems are to blame as a result of poor commercial truck maintenance. The trucking industry is regulated by the Federal Motor Carrier Safety Administration, which enforces rules pertaining to a variety of areas, including the upkeep of commercial vehicles. When a maintenance failure is found to be a contributing factor in an accident, or the outright cause of it, a truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Brake failure is one common issue, since a driver who cannot stop has real potential of running into another vehicle, which can happen when brake pads or shoes are worn and not replaced. Trucks can also jackknife when front brakes are depowered or removed, causing the trailer to fold and potentially crush or strike other vehicles nearby. Tires are another common problem, since a blowout can send debris flying and cause the driver to lose control, and worn treads or improperly inflated tires can also contribute to a crash. Malfunctioning lights or windshield wipers can make visibility difficult, and a trailer that is not properly attached to the cab may swing out of control or detach entirely.

Damages Recoverable from Truck Company Negligence

When a truck company's negligence causes an accident, compensation could be sought for financial losses including ambulatory services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical expenses. Lost income during recovery may also be compensated, along with property damage or the replacement value of a totaled vehicle. Physical losses could include pain and suffering, disability, and disfigurement, while emotional damages may address mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the accident.

What Insurers Don't Want You to Know

Insurance companies are some of the richest and most powerful corporations in the country, and each year they work to reduce the rights and compensation available to injured Iowans. What they don't control are the judges and juries who ultimately decide compensation. Here are five things insurance companies do not want Guthrie Center truck accident victims to know.

They Are Legally Allowed to Lie and Cheat You

There is no law requiring the other side's insurance company to tell you the truth or act in your best interests. An adjuster may act friendly to build trust, but their job is to pay you as little as possible, and some are even rewarded for keeping payouts low.

You Do Not Have to Give a Recorded Statement

An adjuster may claim they need a recorded statement to evaluate your claim, but you have no legal obligation to give the other side's insurer one. The real reason they want it is to ask questions in a way that lets them use your answers against you later.

Their "Final Offer" Is Usually Not Their Best Offer

Insurance companies often describe an offer as final when it is not. There is little to lose by proposing a different number, and sometimes a lawsuit needs to be filed to see an insurer's true best offer.

They Will Intentionally Frustrate You

Some adjusters use a low initial offer because they know it can frustrate a claimant, and a certain percentage of people will accept a low-ball offer just to stop dealing with the adjuster. If you have sustained a serious injury, consider turning things over to an experienced injury attorney who knows how to deal with these tactics.