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- Maquoketa Truck Accident Injury Attorneys
- Phone: 641-792-3595
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Truck accidents are among the most devastating events on Iowa roads. When a commercial big rig collides with a passenger car, the occupants of the smaller vehicle face the full brunt of the impact. The injuries that result are often severe, disabling, or life-threatening. Maquoketa sits along U.S. Highway 61 and within reach of several major interstate corridors, putting Jackson County residents in regular proximity to commercial truck traffic carrying cargo across the Midwest. When a crash happens, understanding who is responsible, how your medical bills will be paid, and what legal options are available to you is not something that should wait.
Whether you were injured by a commercial truck as a passenger vehicle driver or you are an Iowa truck driver hurt while working on the road, the attorneys at Walker, Billingsley & Bair have the experience and resources to fight for the full compensation you deserve. We have been representing Iowa truck accident victims and injured workers for over 28 years.
When Truck Company Negligence Causes an Accident
Driver error is often cited as the cause of commercial truck accidents, but that is not always the complete picture. In many cases, the root cause traces back to the trucking company itself. Poor commercial truck maintenance is a significant contributing factor in crashes that injure and kill people on Iowa roads every year. The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules pertaining to a variety of areas, including the upkeep of commercial vehicles. Every trucking company is responsible for the maintenance of its fleet.
When a failure in commercial truck maintenance is found to be a contributing factor in an accident, or the outright cause of it, the truck company can be held negligent and liable for damages. Manufacturing defects are sometimes to blame, but far more often the issue is a maintenance failure that could and should have been caught and corrected before the truck ever left the terminal.
Types of Equipment Failures That Cause Truck Accidents
Certain types of equipment problems are more likely to cause a crash or to dramatically worsen the impact when one occurs. Understanding what these failures look like helps victims and their attorneys identify where negligence may lie:
- Brake failure: When brake pads or shoes are worn and have not been replaced, a driver may be unable to stop in time to avoid a collision. Trucks can also jackknife when front brakes are depowered or removed entirely, causing the trailer to fold and strike or crush nearby vehicles.
- Tire problems: Blowouts, worn tire treads, and under or overinflated tires can cause a driver to lose control of the vehicle. Flying debris from a blowout poses an independent risk to surrounding traffic.
- Lighting failures: If a truck's lights are not functioning adequately, visibility is reduced for both the truck driver and other motorists. The same is true of windshield wipers, which when faulty can impair a driver's ability to see during rain or adverse weather.
- Trailer attachment problems: If the trailer is not properly secured to the cab, it may swing out of control or detach completely while in motion, creating a catastrophic hazard for every vehicle nearby on the road.
What Damages Can Be Recovered When a Truck Company Is Negligent
When a trucking company's negligence is established as the cause of an accident, the financial and physical losses suffered by the victim can form the basis of a substantial claim. Compensation may be sought for the following financial losses:
- Ambulatory and emergency services
- Hospitalization costs
- Follow-up doctor visits
- Prescription medication
- Physical therapy
- Future medical expenses related to the injuries
Lost income resulting from the healing and recovery period may also be compensated. If the injuries are disabling and prevent the victim from returning to their prior employment, or if they must take on lower-paying work because of permanent impairment, those financial losses may also be factored into the claim. Property damage to the victim's vehicle, or its full replacement value if the vehicle is totaled, would be addressed as well.
Physical losses that may form the basis for additional compensation include pain and suffering, disability, disfigurement, and reduced quality of life. On the emotional and psychological side, compensation may address mental anguish, post-traumatic stress disorder, and other psychological harm that results from the accident. When a truck company is found negligent, these cases can result in significant compensation, but finding them responsible is not always straightforward. A thorough investigation is required, and having an experienced attorney handle that process is essential.
Who Pays Your Medical Bills After a Truck Accident?
One of the most confusing and urgent questions after any truck accident is who is going to pay your medical bills. In Iowa car and truck accident cases, the answer is rarely as simple as most people expect. The at-fault driver's insurance company is not required to pay your medical bills as they are incurred, even when their driver's liability is obvious and the insurer has already paid for your property damage. Insurance companies routinely hold all payments until the time of a final settlement, when they can obtain a release from you. This means you cannot afford to sit and wait for the other side's insurer to cover your care as it happens.
Instead, you should look to the following sources to cover your medical expenses while your claim is pending:
- Your own health insurance through your employment benefits package
- Health insurance you have purchased personally
- Health insurance obtained by your spouse on your behalf, or by your parents if you are a minor living at home
- Medical payments insurance coverage from your own auto policy, whether you were driving your own vehicle or were a passenger in someone else's
- Coverage through HealthCare.gov or Medicaid, if you do not have other coverage and may qualify under the Affordable Care Act
- Your own personal funds if you are uninsured and have the ability to pay bills as they come in
With medical debt rising, many accident victims do not have the personal funds to cover providers as bills arrive. If there are insufficient funds to pay hospitals, doctors, and other medical providers, our office can help facilitate assignment arrangements. Through these agreements, you authorize our office to pay medical providers directly from any settlement or verdict. This often satisfies providers and allows them to wait until the time of settlement rather than pursue collection actions against you during an already difficult time.
Understanding Subrogation After a Truck Accident
Nearly all insurance policies contain a subrogation provision, which means your health insurer has the right to seek reimbursement from any compensation you receive from the at-fault party's insurance or through a legal verdict. This is a standard part of the process, not a penalty, and an experienced attorney can help you navigate these provisions in a way that maximizes the net amount you actually keep from your settlement. Before you sign any paperwork for the insurance company, speak with an attorney who can review those documents and explain exactly what rights you may be releasing.
Iowa Truck Drivers Hurt Out of State: Understanding Jurisdiction
Iowa is home to more than 20 trucking companies that hire employees from across the United States and operate in most states. If you are an Iowa-based truck driver who was injured while working in another state, one of the most critical and time-sensitive questions you will face is whether Iowa has jurisdiction over your workers' compensation claim. This issue is governed by Iowa Code Section 85.71, as amended on July 1, 2017, and getting it wrong can leave you without any compensation at all.
The reason subject matter jurisdiction matters so much is that your employer can raise this issue at any time, even after your trial has concluded and your case is on appeal. If the courts determine that Iowa does not have jurisdiction and you have not timely filed a claim in another state that does, you could be left with no compensation for your work injuries. Time limitations can be as short as one year in some states to file a petition for benefits. This is not something to wait and see about.
Five Ways Iowa May Have Jurisdiction Over Your Truck Driver Injury Claim
Iowa Code Section 85.3(2) provides subject matter jurisdiction for any personal injury sustained by an employee arising out of and in the course of employment within Iowa. If your accident occurred on Iowa soil, this is the clearest path to an Iowa claim.
Some Iowa trucking companies, including TMC/Annette Holdings and Barr-Nunn, enter into employment contracts that give Iowa jurisdiction over work injuries regardless of where they occur. Check the language of your contract carefully to determine whether this provision applies to you.
Iowa's Workers' Compensation Commissioner has defined "regularly working from" an Iowa terminal broadly. It does not require that a majority of your work time be spent in Iowa. If it is usual or customary for you to work out of an Iowa terminal as your home terminal, pick up loads in Iowa, and transport loads within or through Iowa, this test may be satisfied.
This test is based on where you were physically located when you accepted the job offer. If you were in Iowa when you agreed to the terms of employment, this provision may apply. If you were in another state when you accepted the offer, Iowa likely does not have jurisdiction under this section.
In some states, particularly those with systems where the state acts as the insurer, an employer from outside the state may not have paid into the system, leaving the injured worker without subject matter jurisdiction in that state. In these situations, Iowa may serve as the appropriate forum for the claim.
These cases can be quite complicated, and our office has represented hundreds of truck drivers where subject matter jurisdiction was a central issue. In some cases, we obtained an affidavit from an attorney in another state confirming they had no jurisdiction. In others, we referred the driver to a qualified attorney in the state where the injury occurred. It is very important that you hire an Iowa workers' compensation attorney who has experience with these jurisdiction laws and who maintains a network of work injury attorneys in other states to assist when needed.
Read more about your rights as an injured Iowa truck driver at our articles on Iowa truck companies and injured workers' rights and on what to do if you were hurt outside Iowa but have an Iowa workers' compensation claim.
Get Help Now In Maquoketa
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.