New London Truck Accident Injury Attorneys

Semi truck accidents are a serious matter, especially for motorists severely injured in crashes near New London. 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.

Your Legal Options After a New London Truck Accident

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 other crashes, including depowered front brakes, failing to replace tires, and transmission failure. Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in a New London Truck Accident Case

A personal injury action arising after an accident with a semi truck must prove a duty of care between the parties, that the defendant breached that duty of care, 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 individual percentage of fault, so it is important to establish exactly how much fault belongs to the truck driver or other liable party.

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. Federal Motor Carrier Safety Administration 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 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.

Struck by Falling Cargo Near New London? You May Still Have a Claim

Drivers struck by falling cargo from a large truck can still file a truck accident claim. This situation, known as an unsecured load, is one that most truck accident lawyers are very familiar with. Cargo is often secured inside a tractor trailer, but sometimes the cargo is not enclosed. Items such as pipes, logs, and boxes may be exposed, and if the cargo is not properly secured, it can enter the roadway and create a very dangerous hazard.

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a claim, because truck drivers and companies have a responsibility to keep cargo secure so others are not injured. Truck drivers also have a duty to drive safely, in a manner that keeps cargo from falling off the trailer and into the path of other vehicles. A driver must suffer damages or injuries caused by the falling cargo in order to file a claim, since simply witnessing cargo fall off a trailer does not warrant one.

Determining Liability for a Falling Cargo Accident

Determining liability is the most important part of a falling cargo claim. If the truck driver was the one who loaded the cargo, he or she may be held responsible for causing the accident. If another employee of the trucking or shipping company loaded the cargo, that employee may bear some responsibility. If the driver is hauling cargo for a trucking or shipping company, the company may be liable under a law called respondeat superior, meaning the company bears liability for injuries or harmful acts caused by employees during the course of their employment. To hold the company liable, the victim must be able to prove that the truck driver or another employee was negligent.

If a third party loaded the cargo, that party may hold accident liability instead. Product defects are another consideration. If the cargo was securely loaded but a defect with the trailer led to the cargo coming loose and spilling onto the roadway, the manufacturer of the trailer could hold liability. In some cargo-related accidents, multiple parties, such as the trucking company and other companies, could be held liable for damages.

What Insurers Don't Want New London Accident Victims to Know

Insurance companies are some of the richest and most powerful corporations in the United States. Each year they spend heavily in an effort to reduce the rights and compensation available to hardworking Iowans so they can maximize their own profit. What they do not control, however, are the judges and juries who ultimately decide the amount of compensation you receive if you have been hurt in a truck accident. Here are five things insurance companies generally do not want you to know.

1. 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 to do anything that is in your best interest. This is why an adjuster will sometimes act like your friend and try to build trust with you. It is a bad idea to trust an insurance adjuster, because their job is to pay you as little as possible, and they may even receive promotions or bonuses for building a track record of paying less than cases are worth.

2. You Do Not Have to Give Them a Recorded Statement

An insurance adjuster will often claim they need a recorded statement to evaluate your claim, but in reality, you have no obligation to give the insurance company for the other side a recorded statement. The reason they want one is so they can ask questions in a way that lets them use your answers against you later. Your credibility is very important in any injury case, which is exactly why the insurance adjuster tries to test it early.

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

During negotiations, the insurance company will often tell you that a particular number is their final offer. Experience shows that this is usually not the case. There is little to lose by making another proposal to settle your New London truck accident claim, since it is highly unlikely the insurance company will simply refuse to offer you anything at all.

4. They Will Intentionally Try to Frustrate You

When the friendly approach does not work, insurance adjusters sometimes turn to frustration as a tactic. A very low initial offer can make an injured person angry, and the adjuster knows that a certain percentage of people will accept a low-ball offer just to avoid dealing with the process any longer. If you have sustained a serious injury with potential lifelong effects, it is worth turning the matter over to an experienced injury attorney who deals with these tactics every day.

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

An adjuster may tell you to send in your medical bills, but that does not mean they will actually pay them. This is often a strategy to pressure you into settling for less once collection calls from creditors, hospitals, and doctors start coming in. In truck accident cases, it is generally best to have your medical bills paid through your health insurance or medical payments coverage rather than waiting on the other driver's insurance company.