Lake Mills Truck Accident Injury Attorneys

Semi truck accidents are a serious matter, especially for Lake Mills motorists who are severely injured in a crash. Victims of large truck crashes have strong legal protections when they were not at fault, but pursuing a claim against a trucking company involves understanding several moving parts, from how the accident happened to what evidence needs to be preserved to how much an insurance company can actually be trusted. Here is what Lake Mills residents should know after being involved in a truck accident.

What Causes Semi Truck Accidents in Lake Mills?

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

Establishing Negligence in a Lake Mills Truck Accident Case

A personal injury action arising after a truck accident must prove several elements: that 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 as a result. These cases typically hinge on whether a truck driver or other 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 may leave a party liable for injuries.

Iowa is a modified comparative fault state, which means an accident victim must be less than 51 percent at fault in order to recover damages. A victim's damages are reduced by their own percentage of fault. For example, a victim who was 10 percent at fault would have their damages reduced by 10 percent of the total award.

Who Can Be Held Liable After a Lake Mills Truck Accident?

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be held legally liable if their actions caused an accident. Federal Motor Carrier Safety Administration regulations govern numerous aspects of trucking, including 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 an accident, the party responsible can be held liable.

A trucking company can be held liable if one of its drivers causes an accident, since companies are generally responsible for the actions of their drivers while on the job. This means the trucking company itself may be a party in any legal action resulting from a Lake Mills truck accident.

Preserving Evidence After a Lake Mills Truck Accident

Trucks often carry onboard devices that record driver actions while on the road, and companies are required to maintain these records and other logbooks according to federal law and internal company policy. If a Lake Mills accident victim believes these records, or other evidence in the trucking company's possession, could be relevant to a legal claim, an attorney can send what is known as a spoliation letter to the company demanding that the evidence be preserved.

How Long Must a Trucking Company Keep Driver Records?

Under federal rules, a commercial trucking company is only required to preserve hours of service records for six months. After that period, the company may legally destroy those records. A driver's qualification file, however, must be kept for as long as the driver remains employed, plus three years afterward.

Because a trucking company has a real interest in seeing damaging records disappear before a claim can be fully investigated, sending a spoliation letter early in the process is critical. A truck driver's records can reveal important facts, including medical records showing whether the driver was fit to be driving, cell phone records showing whether the driver was distracted, the driver's qualification file, employment history, and any past driving violations. The "black box" recorder installed in many trucks can also show whether a driver was operating within federal hours of service limits or was fatigued at the time of the crash. Given the short window before records can be legally destroyed, contacting an attorney experienced in truck accident claims as soon as possible after a Lake Mills crash is one of the most important steps a victim can take.

Can You Trust the Insurance Company After a Lake Mills Truck Accident?

There are more than 100 insurance companies selling policies in Iowa alone, covering everything from personal injury to workers' compensation. While people generally buy insurance to protect themselves against future loss, paying a premium does not mean an insurance company is looking out for your best interests. Some people assume that their own insurance company will pursue a claim against the other driver on their behalf, but this is not true. An insurance company will typically try to recover what it paid for property damage, but it is highly unlikely to pursue a claim for personal injuries on a policyholder's behalf.

Whether dealing with the insurance company for the trucking company or driver who caused the crash, or a workers' compensation insurer, Lake Mills accident victims should keep a few things in mind. The insurance company does not represent the injured person or their best interests. It is not required to tell the injured person the truth. The insurance company is in the business of making the most profit possible, which means paying out as little as possible on any given claim. An insurance adjuster may seem friendly, but that adjuster is not looking out for the injured person. Insurance companies exist to sell insurance, not to pay out claims freely.

Tips for Dealing With the Insurance Company

Anything said to an insurance company or its lawyers can and may be used against the person who said it, so honesty is essential. Even a small lie can seriously damage a person's credibility, which is why telling the truth is always the safest approach.

When dealing directly with an insurance adjuster, it is important to be careful and thoughtful about what is said, since it could later be used in a way that hurts the claim. Insurance companies employ experienced professionals to handle claims, which is why having an attorney on the other side can help level the playing field. When an attorney is hired, that attorney deals with the insurance company directly on the client's behalf.

Keeping documentation is also critical. A diary or journal describing how injuries feel day to day can help prove the extent of damages and can support a higher evaluation of a claim. This should include keeping doctor's excuses for missed work, tracking time missed for medical appointments, and retaining any medical bills or explanation of benefits forms received from a health insurance company.

Being thorough at medical appointments matters as well. The records generated during a doctor's visit, physical therapy session, or other medical appointment include a description of how the injury happened, physical complaints, examination findings, and the treatment provided. An insurance company bases its settlement offer heavily on this information. Failing to mention every symptom means it may not be properly treated, and it also means there is no record of it. If a person waits weeks or months to mention a new problem, the insurance company will often argue that the problem was unrelated to the accident and reduce its offer accordingly.

Regularly attending medical appointments is equally important, since failing to see a doctor regularly can be viewed as evidence of a full recovery by an insurance company, and potentially by a judge or jury later on. This does not mean visiting the doctor every day, but it does mean following up as instructed. If a doctor says to follow up as needed, that generally means returning within a few weeks if problems persist. Skipping that follow-up can make it look, in the eyes of the insurance company and possibly a jury, like the injury has fully healed.

Get Help Now In Lake Mills

At Walker, Billingsley & Bair, our truck accident team is committed to ensuring you receive the compensation you deserve. We handle all injury cases on a contingency fee basis and manage all necessary documentation and communications.

Walker, Billingsley & Bair is prepared to act fast to defend your rights after a truck accident in Iowa. Contact our office at 641-792-3595 to speak with an attorney.

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