Marengo Truck Accident Injury Attorneys

Semi truck accidents are a serious matter, especially for motorists severely injured in a crash on Marengo roads. Victims of large truck crashes have strong legal protections if they were not at fault in the accident, but it is important for a Marengo truck accident victim to understand both their rights and their responsibilities when pursuing legal action against a trucking company. Below, we walk through what typically causes these crashes, how negligence and liability are established, what happens when an Iowa truck driver is hurt while working outside the state, and what insurance companies would rather you not know as you pursue a claim.

Causes of Semi Truck Accidents Near Marengo

Many heavy truck crashes are caused by driver error, things like 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. Depowered front brakes, failing to replace tires, and transmission failure are some common mechanical problems. Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors. Understanding what caused a crash on a Marengo highway is often the first step toward identifying who should be held responsible.

Establishing Negligence in a Marengo Truck Accident Case

A personal injury action arising after an accident with a semi truck must prove four things: a duty of care existed between the parties, the defendant breached that duty of care, the breach caused the injury to the claimant, and the claimant suffered damages as a result. These lawsuits typically hinge on whether a truck driver or other 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 for injuries suffered in a Marengo truck accident.

Iowa is a modified comparative fault state. A Marengo accident victim must be less than 51 percent at fault in an accident to recover damages, though the victim's damages are still reduced by their own percentage of fault. For example, if a victim was 10 percent at fault and suffered $10,000 in damages, those damages are reduced by $1,000.

Liable Parties After the Crash and Challenges in Truck Accident Cases

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused a crash near Marengo. FMCSA regulations govern numerous things like how long a driver can stay on the road without a break, mandatory drug testing for drivers, and load weight limitations. A violation of one of these rules may be a sign of negligence, and if it caused or contributed to an accident, the party in violation can be held liable.

A trucking company could also be held liable if one of its drivers causes an accident, since these companies are responsible for their drivers' actions on the road. Trucks often carry onboard devices that record driver actions while the truck is in operation, and companies maintain these records and other logbooks according to federal laws and company policy. If a Marengo accident victim believes these records, or other evidence in the trucking company's possession, could be relevant to a claim, 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 is often a good idea.

Hurt Outside Iowa? Jurisdiction Matters for Marengo Truck Drivers

Iowa is home to more than 20 trucking companies that hire employees from all over the United States and operate in most states. Depending on the agreement between the employer and the truck driver, along with factors like where the driver was physically located when hired and how often the driver works from Iowa, Iowa may or may not have jurisdiction if a Marengo truck driver is hurt outside the state.

Iowa Code Section 85.71, as amended on July 1, 2017, determines whether a workers' compensation case can be successfully brought in Iowa. Here are the factors used in that jurisdiction determination.

If You Were Injured in Iowa While Working

Iowa Code Section 85.3(2) provides subject matter jurisdiction for any and all personal injuries sustained by an employee arising out of and in the course of employment within the state.

Does Your Employer Have a Place of Business in Iowa Under a Contract That Names Iowa Law?

Some trucking companies prefer to handle work injuries under Iowa law only, so they enter into a contract giving Iowa jurisdiction over work injuries regardless of where the injury occurs. It is important for a Marengo truck driver to check the language of the employment contract to determine whether this requirement is met.

Does Your Employer Have a Place of Business in Iowa, Even Without a Contract Naming Iowa Law?

One of the biggest issues in these cases is what it means to regularly work at or from an Iowa place of business. Iowa's Workers' Compensation Commissioner has defined this to not require that a majority of time be spent in Iowa, but rather that it is usual or customary for the employee to work out of the employer's terminal in the state as the home terminal, pick up loads in the state, and transport loads within or through the state. There is no statutory requirement to meet some unspecified, arbitrarily determined quantity of work while in the state.

Was Your Contract of Hire Made in Iowa?

This factor looks at where the driver was physically located when they agreed to accept the job. If a Marengo driver was in Iowa when accepting the offer of employment, jurisdiction should generally hold, provided the driver regularly works in Iowa. However, if the driver was on the phone in another state when accepting the offer, Iowa likely does not have jurisdiction under this section of the code.

Do You Have No Remedy Under Another State's Workers' Compensation Laws?

Sometimes subject matter jurisdiction issues arise because a state does not allow jurisdiction even when the injury occurred there, since the employer is located in another state. This is often because some states operate workers' compensation systems where the state itself acts as the insurer, and if the employer did not pay into that system, there may be no jurisdiction available there.

What Insurance Companies Don't Want Marengo Truck Accident Victims to Know

Insurance companies are some of the richest and most powerful corporations in the United States. What they do not control, however, are the judges and juries who ultimately decide the amount of compensation owed to someone hurt in a truck accident, at work, or in another personal injury accident. Here are five things insurance companies would rather a Marengo accident victim not know.

1. The Insurance Company Is Legally Allowed to Mislead You

There is no law requiring the other side's insurance company to tell you the truth or act in your best interest. An adjuster may act friendly and try to build trust, especially if your injuries are serious, but their job is to pay you as little as possible. They are not going to explain your rights or the best way to proceed with your claim.

2. 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 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, since your credibility matters greatly in any injury case.

3. Their "Final Offer" Is Usually Not Their Best Offer

Insurance companies frequently describe an offer as final during negotiations, but that is often not the case. Making a counter-proposal rarely costs you anything, and sometimes a fair resolution only comes after filing a lawsuit and going through the legal process.

4. They Will Intentionally Try to Frustrate You

When the friendly approach does not work, some adjusters use frustration as a tactic. A low initial offer can make a victim angry enough to accept a low-ball settlement just to be done dealing with the adjuster. An experienced injury attorney deals with these tactics daily and will not let the insurance company take advantage of a Marengo accident victim who is new to the process.

5. They Will Not Pay Your Medical Bills as You Incur Them

An adjuster may ask you to send medical bills as they come in, but that does not mean those bills will actually be paid. This strategy can pressure a victim into settling cheaply once collection calls start coming from creditors, hospitals, and doctors. In car accident and personal injury cases, it is generally best to have medical bills paid through health insurance or medical payments coverage under your own auto policy while a claim is pending.