Moville Truck Accident Injury Attorneys

An accident with a semi truck or delivery vehicle near Moville can leave a victim facing injuries far more severe than a typical car accident. Because of the size and complexity of the trucking industry, determining who is responsible often takes careful investigation into maintenance records, driver conduct, and company policy. The Moville truck accident attorneys at Walker, Billingsley & Bair want local residents to understand how truck company negligence works, what legal options exist after a semi truck crash, and how liability is determined when a delivery driver causes an accident.

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 often the cause of these accidents, sometimes it stems from truck company negligence, which could be the case if equipment problems are to blame as a result of poor commercial truck maintenance.

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 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 failure are more likely to cause a crash or to make the impact of one much worse. Brake failure is one example. If a driver cannot stop, there is potential for running into another vehicle, which can happen when brake pads or shoes are worn and have not been replaced. Trucks can also jackknife when front brakes are depowered or removed, causing the trailer of the big rig to fold and potentially crush or strike other vehicles nearby.

Tires are another common equipment problem. A tire blowout can be dangerous because of flying debris, and it can also cause the driver to lose control of the vehicle. Worn tire treads and under or overinflated tires are just some of the issues that could cause an accident. If a truck's lights are not functioning adequately, it can make visibility difficult, and the same is true of malfunctioning windshield wipers. Another potential problem involves the trailer itself. If it is not properly attached to the cab, it may swing out of control or completely detach, putting others on the road at serious risk.

Damages Recoverable in a Claim Stemming from a Truck Accident

When a truck company's negligence is the reason for an accident, compensation could be sought for the financial losses suffered, including 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 prevent a Moville resident from returning to work, or require performing job tasks that pay less because of impairment, these financial losses may also be considered in a claim. Property damage to the victim's vehicle would also be addressed, or if the vehicle is totaled, its replacement value may be factored into the claim.

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 resulting from the accident.

Legal Options After a Semi Truck Accident Near Moville

Semi truck accidents are a serious matter, especially for motorists severely injured in the crash. Victims of large truck crashes have strong legal protections if they were not at fault in the accident, and it is important to understand your rights and responsibilities when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

Many heavy truck crashes are caused by driver error, such as 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 worn tires, and transmission failure are some common mechanical problems. Other causes of truck accidents include loading errors, improper securing of loads, improper load distribution, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

A personal injury action arising after an accident with a semi truck must prove a duty of care existed between the parties, that the defendant breached that duty, that the breach caused the injury to the claimant, and that the claimant suffered damages. These cases 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.

Iowa is a modified comparative fault state, meaning an accident victim must be less than 51 percent at fault in an accident to recover damages. The victim's damages are reduced by their percentage of fault, so the greater the share of fault attributed to the victim, the more their recovery is reduced.

Liable Parties 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 an accident. 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 in the event one of its drivers causes an accident, since these companies are responsible for their drivers' actions.

Trucks often carry onboard devices that record driver actions while the truck is on the road, and companies maintain these records and other logbooks according to federal laws and company policies. If a Moville victim thinks these records, or other evidence in the truck company's possession, could be relevant in a legal action, an attorney can send a spoliation letter to the company to help preserve it. For this reason and others, contacting an attorney after a truck accident is often a good idea.

Commercial Truck Accident Liability for Delivery Drivers

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle type occurs, the injuries are often very serious. If you have been involved in an accident with a commercial vehicle near Moville, here is what you need to know about liability.

Who Is Liable for an Accident Caused by a Commercial Driver?

In the majority of cases, one of two parties will be held liable when an accident involving a commercial vehicle occurs: the driver of the vehicle or the company that owns the truck. If the driver of the truck is an employee of the trucking company, the company will usually be held liable under the legal doctrine of respondeat superior, which means an employer is liable for the actions of its employees while they are acting within the scope of their employment, according to the Legal Information Institute of Cornell University Law School.

If the driver of the delivery truck is an independent contractor, the driver may be held liable rather than the company that contracted him or her. In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions or a defective part on the truck caused the crash. Instead, the manufacturer of the truck or a truck part, the shipper, or even the party responsible for loading the truck's cargo may be held liable.

How to Prove Liability

If you have been in an accident caused by a commercial driver near Moville, you will have to prove the negligence of the at-fault party. Examples of negligence may include failing to perform an inspection of or maintenance on the vehicle, improper loading of cargo, impaired driving, speeding, aggressive driving, or failure to adhere to traffic laws. Negligence is essentially any time someone acts, or fails to act, reasonably, as compared to what another person in the same situation would do. You will need to prepare yourself for the trucking company to investigate the crash on its own.