La Porte City Truck Accident Injury Attorneys

A crash with a semi truck is rarely a minor event. Because of the size and weight difference between a passenger vehicle and a commercial truck, La Porte City residents involved in these collisions often face serious, life changing injuries. If you or someone you love has been hurt in a truck accident near La Porte City, understanding the causes of these crashes, who can be held responsible, and how insurance companies operate can make a significant difference in the outcome of your case.

Semi Truck Accidents Are a Serious Matter

Victims of large truck crashes have strong legal protections if they were not at fault in the accident. It is important for La Porte City residents to understand their rights and responsibilities when pursuing legal action against a trucking company after a serious collision.

What Causes Semi Truck Accidents?

Many heavy truck crashes are caused by driver error. Common examples include 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 on Iowa roads, including depowered front brakes, failure to replace worn tires, and transmission failure. Other causes of truck accidents near La Porte City can include loading errors, improper securing of loads, improper load distribution, and manufacturing errors in truck parts or equipment.

Establishing Negligence in a Truck Accident Case

A personal injury claim arising from an accident with a semi truck must prove four elements: a duty of care between the parties, a breach of that duty, a breach that caused the injury, and damages suffered as a result.

These cases typically hinge on whether the 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 for injuries suffered in a La Porte City area crash.

Who Can Be Held Liable After a Truck Crash?

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. Federal Motor Carrier Safety Administration regulations govern numerous aspects of the trucking industry, including how long a driver can remain on the road without a break, mandatory drug testing requirements for drivers, and load weight limitations. A violation of any of these rules may be evidence of negligence, and if that violation caused or contributed to a crash, the party responsible for the violation can be held liable.

A trucking company can also be held liable if one of its drivers causes an accident, since these companies are generally responsible for the actions of their drivers. If a truck driver caused your accident near La Porte City, the trucking company that employs them may share in the liability for your injuries.

Trucks often carry onboard devices that record driver actions while the vehicle is on the road. Trucking companies are required to maintain these records and other logbooks according to federal law and company policy. If a victim believes these records, or other evidence in the trucking company's possession, could be relevant to their case, an attorney can send a spoliation letter to the company requiring that the evidence be preserved. For this reason and others, contacting an attorney soon after a truck accident near La Porte City is often a wise decision for victims trying to protect their case.

When an Iowa Truck Driver Is Hurt Out of State

Truck accident cases near La Porte City are not limited to passenger vehicle drivers who are struck by a semi. Iowa is home to more than 20 trucking companies that hire employees from across the United States and operate in most states. When an Iowa based truck driver is injured while working outside of Iowa, determining whether Iowa has jurisdiction over the resulting workers' compensation claim becomes an important legal question.

Iowa Code section 85.71, as amended effective July 1, 2017, helps determine whether a truck driver's case can be successfully brought under Iowa's workers' compensation system. Several factors are considered in this determination:

• Whether the truck driver was injured in Iowa while working
• Whether the employer has a place of business in Iowa, whether the driver's contract of hire states that claims are governed by Iowa law, and whether the driver regularly works in Iowa
• Whether the employer has a place of business in Iowa and the driver regularly works at or from that location, even without a signed contract naming Iowa as the governing jurisdiction
• Whether the contract of hire was made in Iowa and the driver regularly works in the state
• Whether the contract of hire was made in Iowa and the driver has no remedy under another state's workers' compensation laws

Iowa's Workers' Compensation Commissioner has clarified that regularly working from an Iowa terminal does not require that a majority of time be spent in the state. Instead, it can be enough that it is usual or customary for the driver to work out of an Iowa terminal as a home base, pick up loads in Iowa, and transport loads within or through the state. The location of the driver when a job offer was accepted also matters. If a driver was in Iowa when accepting employment and regularly works in the state, jurisdiction is more likely to apply.

What Insurance Companies Do Not Want You to Know

Insurance companies are among the richest and most powerful corporations in the country, and their financial interests do not always align with the interests of injured La Porte City residents. Based on experience handling truck and car accident claims, there are several things insurance companies would prefer accident victims never learn.

The Insurance Company Is Legally Allowed to Mislead You

There is no law requiring the insurance company for the other side to tell you the truth or act in your best interests. This is why an adjuster may seem friendly and try to build trust, especially when injuries are serious. Their job is to pay you as little as possible, and adjusters are often rewarded for keeping settlements low. They are not going to explain your rights or the best way to proceed with your claim.

You Are Not Required 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 provide one. The purpose of a recorded statement is often to ask questions in a way that can be used against you later. A simple, unprepared answer about prior medical history, for example, can be used to damage your credibility if your medical records later reveal something different.

Their So Called Final Offer Is Often Not Their Best Offer

Insurance companies frequently describe an offer as final during negotiations, but this is often not true. Making a counterproposal costs you nothing, and in some cases you may need to pursue a lawsuit to find out what the company's actual best offer really is.

They May Try to Frustrate You Into Giving Up

When a friendly approach does not work, some adjusters intentionally offer a very low initial settlement, hoping you will grow frustrated and accept a low ball offer just to be done with the process. La Porte City residents dealing with a serious injury that could have lifelong effects should not let this tactic succeed. An experienced injury attorney knows how to handle these tactics so you can focus on your recovery.

They Will Not Pay Your Medical Bills as They Come In

Adjusters often tell accident victims to send medical bills directly to them, but this does not mean the bills will actually be paid. This approach can be used to pressure victims into a cheap settlement once collection calls begin. In most car and truck accident cases, it is best to have medical bills handled through your own health insurance or medical payments coverage while your claim is pending, since a case can take a long time to resolve.