- Oskaloosa Truck Accident Injury Attorneys
- Phone: 641-792-3595
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Within the broad network of highway systems, trucking accidents can lead to significant disruption, often resulting in serious injuries for those affected. In such trying moments, trucking injury lawyers stand as reliable advocates, offering guidance and support to survivors. These attorneys are experts in the intricate landscape of trucking laws and regulations.
Systems That Prove Fault in Iowa Car Accidents
Like many states, Iowa follows the "rules of the road" as detailed in Iowa Code Chapter 321, which governs motor vehicles and road conduct. These rules cover scenarios such as yielding at intersections, responsibility for striking a disabled vehicle, and pedestrian right-of-way, among others. Understanding how fault is determined in Iowa car accidents is crucial, especially since Iowa is a comparative fault state. This means that fault is compared between the drivers involved, and a driver found to be 51% or more at fault cannot recover damages. If a driver is 50% or less at fault, their recoverable damages are reduced by their percentage of fault.
Common Ways Fault is Proven in Iowa Car Accidents
1. Failure to Stop within an Assured Distance, Maintain Control, or Follow Too Closely
- Assured Clear Distance Ahead: Drivers must not exceed a speed that allows them to stop within the visible distance ahead.
- Failure to Maintain Control: Drivers must have their vehicles under control, especially when approaching intersections or crossings.
- Following Too Closely: Drivers should maintain a reasonable distance from the vehicle ahead, considering speed, traffic, and road conditions.
2. Failing to Yield
- Meeting and Turning Right: Vehicles must yield half the road to oncoming traffic by turning right, common in head-on collisions.
- Approaching or Entering Intersections: At intersections, the vehicle on the left must yield to the vehicle on the right.
- Backing Onto a Highway: Drivers must yield to oncoming traffic when reversing onto a highway.
- Slow Moving Vehicles: These should stay in the right lane or as close to the right curb as possible, except when overtaking or preparing for a left turn.
- Driving on the Right Half of the Road: Vehicles must stay on the right side except in certain situations like overtaking another vehicle or avoiding an obstruction.
- Entering Through Highways: Drivers must yield to vehicles on a through highway when entering from a different road.
3. Failing to Obey a Traffic Control Device
- Traffic Lights: Drivers must comply with signals, such as stopping at red lights and proceeding only when it is safe.
- Making a Left Turn Across Traffic: Drivers must yield to oncoming vehicles before making a left turn.
Ensuring Evidence Preservation in Truck Accidents
Preserving evidence after a truck accident is critical, as trucking companies have the right to destroy certain driver records after a specified period. An attorney can send a spoliation letter to prevent this, ensuring the preservation of crucial documents such as the driver’s record of duty status, which includes details on driving times and rest periods.
Importance of Spoliation Letters
A spoliation letter informs the trucking company of its obligation to preserve relevant records. Failure to comply can result in additional damages being sought. Prompt action by an attorney is essential to secure these documents, which can include the driver qualification files and vehicle maintenance records.
Truck Company Negligence and Maintenance
Trucking companies must maintain their vehicles per Federal Motor Carrier Safety Administration (FMCSA) regulations. Poor maintenance can lead to severe accidents, and the trucking company can be held liable for damages if equipment failure due to negligence is the cause.
Common Equipment Problems
- Brake Failure: Leads to inability to stop, causing collisions.
- Tire Blowouts: Can result in loss of vehicle control and debris hazards.
- Lighting Issues: Poor visibility can contribute to accidents.
- Trailer Problems: Improper attachment can cause the trailer to swing out of control.
Recoverable Damages
Victims can seek compensation for medical expenses, lost income, property damage, and physical and emotional suffering. Proving truck company negligence requires thorough investigation and legal expertise.
Contacting Walker, Billingsley & Bair
At Walker, Billingsley & Bair, our 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.