Ogden Truck Accident Injury Attorneys

Semi truck accidents are a serious matter, especially for motorists who are severely injured in a crash. Ogden residents who are hurt in a collision with a large commercial truck have strong legal protections if they were not at fault in the accident. Understanding what causes these crashes, who can be held liable, and how to handle mounting medical bills while a claim is pending can help injured victims protect their rights and their financial future.

Causes of Semi Truck Accidents

Many heavy truck crashes are caused by driver error, including sleep deprivation, the use of prescription or recreational drugs, speeding, inattention, distractions, work related stress, and unfamiliarity with the road. Mechanical problems account for many of the remaining crashes, including depowered front brakes, tires that were never replaced when they should have been, and transmission failure. 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 generally must prove that a duty of care existed 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 as a result. These cases typically hinge on whether a truck driver or another party acted negligently and failed to provide reasonable care to prevent injury 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 in order to recover damages. However, the victim's damages are reduced by their own percentage of fault. For example, if a victim was found to be 10 percent at fault, their damages would be reduced by that same percentage.

Liable Parties After the Crash

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 aspects of trucking operations, including how long a driver can remain on the road without a break, mandatory drug testing for drivers, and load weight limitations. A violation of one of these rules can be a sign of negligence, and if that violation caused or contributed to an accident, the party responsible for the violation can be held liable.

A trucking company can also be held liable when one of its drivers causes an accident. These companies are responsible for the actions of their drivers, so if a driver caused a crash while working, the company itself may share liability in any resulting legal action.

Trucks often carry onboard devices that record driver actions while the vehicle is on the road, and companies are required to maintain these records and other logbooks according to federal law and company policy. If an injured Ogden resident believes these records, or other evidence in the trucking company's possession, could be relevant to a legal claim, an attorney can send a formal request to the company to help ensure that evidence is preserved. For this reason and others, contacting an attorney soon after a truck accident is often a wise decision.

Truck Company Negligence for Poor Commercial Truck Maintenance

Every trucking company is responsible for properly maintaining its fleet. While manufacturing defects sometimes play a role in truck accidents, a failure in commercial truck maintenance is often the true cause. When poor maintenance is found to be a contributing factor, or the outright cause, of an accident, the trucking company can be considered negligent and liable for the resulting damages.

Common Types of Equipment Problems

Certain equipment failures are especially likely to cause a crash or make its impact far worse. Brake failure is one of the most serious examples. If a driver cannot stop the truck in time, a collision with another vehicle becomes far more likely, 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 to fold and potentially strike nearby vehicles.

Tires are another common source of equipment failure. A blowout can send dangerous debris into the roadway and cause the driver to lose control of the truck entirely. Worn tire treads, along with underinflated or overinflated tires, can also contribute to a crash. Malfunctioning headlights or taillights, as well as broken windshield wipers, can reduce visibility for the driver and increase the risk of an accident. Trailers themselves can also present a hazard if not properly attached to the cab, potentially swinging out of control or detaching entirely and putting everyone nearby at serious risk.

Damages That May Be Recoverable

When a trucking company's negligence causes an accident, compensation may be sought for a wide range of financial losses, including ambulatory services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical expenses. Lost income during the healing and recovery period may also be considered, along with a reduction in future earning capacity if the injuries are disabling or force the injured person into lower paying work.

Property damage to the injured person's vehicle would also be addressed as part of the claim, including the replacement value of a vehicle that is a total loss. Physical losses that may be compensated include pain and suffering, disability, disfigurement, and a reduced quality of life. Emotional harm, including mental anguish, post-traumatic stress, and other psychological effects of the accident, may also be part of a claim.

Who Should Pay My Medical Bills After a Truck Accident?

Determining who pays medical bills after a truck accident in Ogden can be confusing. Rarely will the trucking company's insurance make payments for medical bills as they are incurred, even when liability is fairly clear. This is true even if the insurance company has already agreed to pay for other damages. The trucking company's insurance is not required to pay medical bills as they come in, and insurance companies routinely wait to make payments until a final settlement, when they can obtain a release from the injured person. Because of this, an injured Ogden resident generally should not expect the trucking company's insurance to pay medical bills as they are incurred.

Instead, injured Ogden residents typically look to one or more of the following sources to pay medical bills while a claim is pending: their own health insurance from an employer benefits package, health insurance they have purchased personally, health insurance obtained through a spouse or, for a minor, through a parent, medical payments coverage through their own auto policy, coverage through HealthCare.gov or Medicaid if they do not currently have insurance, or personal funds if they are uninsured and able to pay bills directly.

With medical debt continuing to rise, many injured people do not have the funds available to pay every bill as it arrives. When there are insufficient funds to pay doctors, hospitals, and other medical providers, an attorney can often help facilitate an assignment, in which the client authorizes the attorney's office to pay the medical provider directly out of any eventual settlement or verdict. This arrangement often satisfies the medical provider, who will frequently wait until the time of settlement rather than pursue collection efforts against the injured person.

It is also important to understand that almost all insurance policies include a subrogation provision. This means that if an injured person receives money for medical bills from another source, such as their own health insurance, that insurer will generally require reimbursement out of any settlement or recovery later obtained from the trucking company's insurance. Because the insurance company handling the trucking company's claim is not looking out for the injured person's interests, it is wise to understand your rights and the true value of your claim before signing any paperwork provided by the insurer.

Get Help Now In Ogden

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.

More Info on Ogden Attorneys