- Indianola Truck Accident Injury Attorneys
- Phone: 641-792-3595
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Within the vast realm of highway systems, trucking accidents can create considerable upheaval, often causing serious injuries for those affected. In such turbulent situations, trucking injury lawyers stand as steadfast supporters, offering guidance and assistance to survivors. These legal experts are adept at handling the intricate terrain of trucking laws and regulations.
How to Navigate Your Free Consultation with an Indianola Car Accident Attorney: Essential Questions and Tips for Peace of Mind
Your first meeting with an Iowa car accident injury attorney can be intimidating, even if the consultation is free. Knowing the right questions to ask can help ease the process and ensure you get the information you need:
1. What is your strategy for handling my claim?
Ensure the attorney's strategy includes constant communication between your family and their firm. This open-door policy is crucial for staying informed throughout the process.
2. What do you estimate my case is worth?
While no attorney should promise a specific settlement amount, a seasoned lawyer should provide an estimate based on your medical bills and the at-fault driver's policy limits. This insight helps manage expectations.
3. How much will I have to pay your firm, and when?
Stick with attorneys offering services on a contingency fee basis. This means you only pay if a fair settlement is reached, and the fee is a percentage of the total compensation. Clarify payment details to avoid financial surprises.
4. Will you assist in paying my medical bills?
Dealing with mounting medical bills post-accident is challenging. Find an attorney willing to help you pay them after the settlement to avoid unexpected financial burdens.
5. Will there be charges for post-consultation questions?
If your case is handled on a contingent basis, there should be no charge for post-consultation questions. Confirm this to ensure open communication without additional fees.
In addition to these questions, consider these extra inquiries for a comprehensive understanding:
6. What is your communication policy with clients?
Ensure the attorney has an open-door policy for regular updates on your case. Communication is key to staying informed and involved.
7. What if there's no settlement? What will I owe?
Seek an attorney who works on a contingency fee basis, meaning you only pay if there's a settlement. No settlement or win at trial should mean no attorney fee.
8. What types of compensation will you pursue?
The attorney you decide to hire must have a concrete plan to go after the following:
- Medical bills
- Lost wages
- Pain and suffering
- Future loss of income
- Cost of any future medical treatment your doctor believes you may need
It is important to enlist the help of an attorney with whom you feel comfortable. You are entrusting them to handle a very traumatic, life-changing incident, so make sure the attorney welcomes any and all questions you have and works to give you answers in a way that you fully understand.
What to do if I have been injured in an Iowa car accident?
Knowing what to do at the scene of an accident is important to preserve evidence when filing a car accident claim. Auto accident scenes can be filled with chaos and confusion. Yet it is important that injured victims do everything they can to remain calm and avoid making mistakes that can harm the case. Victims may also benefit from a consultation with a Indianola injury lawyer.
Things Not to Do at the Scene of the Accident
One of the first mistakes many people make is refusing medical treatment when it’s necessary. Later on, an injured person might try to submit medical records as evidence, but if there was a delay in receiving treatment, it can make proving the severity of an injury difficult.
Another mistake is failing to treat on a regular and consistent basis. If you are still having problems due to an injury caused by a car accident, you need to go back and see the doctor, preferably monthly. If your doctor tells you to call him or her if you are having problems and you do not call to schedule an appointment, then in the mind of the doctor, the insurance company, and eventually the judge or jury, you must have been fine. If later on, you claim that you have continued to have problems and your medical records show no medical treatment for the condition for a period of months, then it will be difficult to prove that your ongoing problems are related to the accident.
Along the same lines, follow your doctor’s orders. If your doctor tells you to go to physical therapy twice a week and you decide that you are only going to go once per week, then this can damage your case. It is always a good practice to do what your medical providers recommend. This includes exercises, stretching, etc. that your physical therapist may recommend that you do at home.
Tell your medical providers everything that hurts and all the problems that you are having caused by the accident. If you forget to tell your doctor about all of your problems and it does not make it into your medical records, then chances are that you will receive no compensation for the medical condition. If you have to bring notes with you to your appointments, that is fine. This will help you remember to tell the nurses and your doctors everything that is causing you problems from the accident.
Another mistake to avoid is taking the blame for the crash, apologizing (even if not responsible), or making other comments that are suggestive of being at fault. The less that is said about what caused the accident, the better it may be for a car accident claim. Certain details can be sorted out later with help from a Indianola injury lawyer. And when it does come time to talk about the crash, such as to the responding officer, stick to the basic facts. Don’t try to offer an opinion or make assumptions about the accident, which is another mistake to avoid.
Another mistake is not taking pictures. Thinking that damage to a vehicle is minor and that the injuries are mild could later put a claim in jeopardy. The damage could be much more significant than originally thought and symptoms from injuries don’t always present themselves immediately.
Lastly, don’t make the mistake of not getting contact information from any witnesses. Relying upon one’s own statement may not be enough. In fact, testimony from others could be what puts the car accident claim in an injured person’s favor.
Avoiding these mistakes could help preserve necessary evidence for an accident claim. Accident victims may also benefit from consulting with a Indianola injury lawyer about what to do at the scene of an accident. If you would like additional information about Iowa car accidents, including 4 other things that you should do in every case along with 10 myths about car accident cases in Iowa, log onto www.IowaCarAccidentBook.com where you will find a book being offered at no cost.
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 oftentimes the cause of these accidents, sometimes it stems from truck company negligence. This could be the case if equipment problems are to blame, which may be the result of poor commercial truck maintenance.
Poor Maintenance and Trucking Company Negligence
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules pertaining to a variety of areas, with one being the upkeep of commercial vehicles. Every truck company is responsible for maintenance of its big rigs.
Although manufacturing defects are sometimes to blame, many times it is a failure in commercial truck maintenance. When this 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
Certain types of equipment are more likely to cause a crash or to make the impact of one much worse. One example is brake failure. If a driver cannot stop, there is the potential of running into another vehicle. This can happen when brakes (pads or shoes) are worn and haven’t been replaced.
Trucks can also jackknife when front brakes are depowered or removed. This causes the trailer of the big rig to fold, which can crush or strike other vehicles nearby.
Tires are another common equipment problem. They can blow out, for example, which can not only be dangerous with flying debris but again, the driver could lose control of the vehicle. Worn tire treads, under or overinflated tires are just some of the issues that could cause an accident.
If the lights aren’t functioning adequately, it can make visibility difficult. The same is true with windshield wipers. As a result, if the driver cannot see well, it could cause or contribute to a crash.
Another potential problem could be with the trailer. If it isn’t properly attached to the cab, it may end up swinging out of control or completely detach. This puts others on the road at serious risk.
Damages That May Be Recoverable in a Claim Stemming from a Truck Accident
When the truck company’s negligence is the reason for an accident, compensation could be sought for the financial losses suffered:
- Ambulatory services;
- Hospitalization;
- Follow-up doctor visits;
- Medication;
- Physical therapy; and
- Future medical expenses.
Lost income, as a result of the healing and recovery period, may also be compensated. If the injuries are disabling and it prevents the person from returning to work or if the individual must perform job tasks that pay less because of impairment, these financial losses may also be considered
in a truck accident claim.
Property damage to the victim’s vehicle would also be addressed. Or if the vehicle is totaled, the replacement value may be factored into the claim value.
Physical losses could include damages for:
- Pain and suffering;
- Disability;
- Disfigurement; and
- Reduced quality of life.
Emotionally, there may be compensation that addresses mental anguish, post-traumatic stress disorder, and other psychological harm that results from the accident.
Per the Trucking Company’s Rights, How Long Does It Have to Preserve Truck Driver Records Before It Can Destroy Them?
A commercial trucking company needs to preserve hours of service records for a period of only six months. After this time period is over, per the trucking company’s rights, it may destroy the records. A driver qualification, meanwhile, must be kept as long as the driver is employed and then three years thereafter.
A spoliation letter can be sent to the company by an attorney to prevent the company from destroying truck driver records and any other documents or evidence relevant to an upcoming or ongoing truck accident claim or lawsuit.
A truck accident victim may file a claim for damages if the accident was caused by a truck driver. In case the truck is owned by a commercial trucking company, then apart from the truck driver, the owner of the company may be held responsible for the accident. Thus, it is not hard to understand why it is in the interests of the company to destroy the evidence to protect its reputation and avoid a costly lawsuit.
Truck Driver Records That Could Be Used in a Truck Accident Claim
A huge volume of evidence is usually available in the event of a truck accident, and the truck driver’s records provide some of the most crucial pieces of evidence:
- Medical records that indicate whether the driver was fit to drive;
- Cell phone records that indicate if the driver was on the phone;
- Qualification file that indicates if the driver was qualified to operate a truck;
- Employment history; and
- Driving history of the at-fault driver that includes a list of driving violations.
The “Black Box” after a Truck Accident
The “black box” recorder in the truck can prove to be valuable pieces of evidence in a truck accident case. This includes logs of whether the truck driver was operating beyond the limits of “hours of service” regulations and was fatigued.
Drivers are limited in the time they can spend behind the wheel and on duty. For instance, drivers of property-carrying vehicles cannot drive more than one hour after 10 consecutive hours off duty (or 10 hours after eight hours off duty for passenger-carrying drivers), and cannot drive beyond the 14th consecutive on-duty hour (15th consecutive on-duty hour for passenger-carrying vehicles).
There are several other provisions that truck drivers must follow, and this information must be kept in the driver’s ‘black box’ or logbooks. Information of the last seven days must be kept onboard by the driver, and, as mentioned, employers must keep it for at least six months. But an accident claim often extends beyond this period, which is why sending a spoliation letter to preserve these and other records is so important.
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.