Parkersburg Truck Accident Injury Attorneys

Truck accidents near Parkersburg tend to be especially severe, and drivers and occupants of smaller passenger vehicles can sustain serious, disabling, or life-threatening injuries. While driver error is often the cause of these crashes, sometimes the real problem is truck company negligence, particularly when poor commercial truck maintenance is to blame. Truck accident cases can also raise complicated questions about jurisdiction for Iowa drivers hurt out of state, and about whether an injured person can really trust the insurance company handling their claim.

Below is an overview of three important topics for Parkersburg truck accident victims: truck company negligence tied to poor commercial vehicle maintenance, jurisdiction questions for Iowa truck drivers hurt outside the state, and how much an injured person can really trust the insurance company.

Truck Company Negligence for Poor Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration, which enforces rules covering a variety of areas, including the upkeep of commercial vehicles. Every trucking company is responsible for maintaining its big rigs. While manufacturing defects are sometimes to blame for an accident, a failure in commercial truck maintenance is often the real cause. When poor maintenance is found to be a contributing factor in a crash, or the outright cause of it, the trucking company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain equipment problems are more likely to cause a crash or make its impact much worse. Brake failure is one example. If a driver cannot stop, there is a real risk of 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 to fold and potentially crush or strike nearby vehicles.

Tires are another common equipment problem. A tire blowout can send dangerous debris flying and cause the driver to lose control of the vehicle. Worn tire treads and improperly inflated tires are also common contributing factors. If a truck's lights are not functioning properly, visibility becomes difficult, and the same is true for faulty windshield wipers, both of which can cause or contribute to a crash. A trailer that is not properly attached to the cab is another serious hazard, since it may swing out of control or detach entirely, putting everyone nearby at serious risk.

Damages That May Be Recoverable

When a trucking company's negligence causes a Parkersburg 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 during the healing and recovery period may also be compensated. If the injuries are disabling and prevent the injured person from returning to work, or require performing job tasks that pay less because of impairment, these financial losses may also be considered as part of the claim.

Property damage to the victim's vehicle would also be addressed, and if the vehicle is a total loss, 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, compensation may also address mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the accident.

Finding a trucking company responsible for poor maintenance is not always easy and requires a thorough investigation, which is why anyone dealing with this kind of claim should contact an attorney who handles these types of cases.

Jurisdiction Issues for Parkersburg Truck Drivers Hurt Outside of Iowa

Iowa is home to more than 20 trucking companies that hire drivers from across the country and operate in most states. For a Parkersburg truck driver injured while working outside of Iowa, whether Iowa has jurisdiction over the workers' compensation claim depends on several factors, including the agreement between the driver and the employer and how often the driver works out of Iowa.

Determining Subject Matter Jurisdiction

Iowa Code Section 85.71, as amended on July 1, 2017, determines whether a workers' compensation case can be successfully brought in Iowa. A few key questions come into play:

• Was the injury sustained in Iowa while working? Iowa Code Section 85.3(2) provides jurisdiction for personal injuries sustained by an employee arising out of and in the course of employment within the state.
• Does the employer have a place of business in Iowa under a contract stating that Iowa law governs workers' compensation claims, and does the driver regularly work in Iowa? Some trucking companies prefer that work injuries be handled exclusively under Iowa law and include this in their employment contracts.
• Does the employer have a place of business in Iowa, and does the driver regularly work at or from that location, even without a signed contract? "Regularly working from" an Iowa location has been interpreted broadly, covering drivers who customarily work out of an Iowa terminal as their home base, pick up loads in Iowa, or transport loads within or through the state, without requiring a specific amount of time physically spent there.
• Was the contract of hire made in Iowa, and does the driver regularly work in Iowa? This depends on where the driver was physically located when accepting the job offer. If the offer was accepted while in Iowa, jurisdiction is more likely to apply. If it was accepted over the phone while the driver was in another state, Iowa is less likely to have jurisdiction under this provision.
• Was the contract of hire made in Iowa, and does the driver have no remedy under another state's workers' compensation laws? This sometimes arises when another state does not allow jurisdiction even though the injury occurred there, particularly in states where the workers' compensation system is state-run and the employer did not pay into it.

Subject matter jurisdiction is a critical issue because an employer can raise it at any point, even after a trial has concluded and the case is on appeal. If a court later determines that Iowa lacks jurisdiction and the driver did not timely file a claim in the state that does have jurisdiction, the driver could be left with no compensation at all. Time limits in other states can be as short as one year to file a petition for benefits, which makes this a matter that should not be left unaddressed. A Parkersburg truck driver hurt outside of Iowa should work with an experienced Iowa workers' compensation attorney who understands subject matter jurisdiction and has connections with work injury attorneys in other states when needed.

Can You Trust the Insurance Company?

In Iowa alone, there are more than 100 insurance companies selling insurance policies covering everything from personal injury to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean an insurance company is looking out for the policyholder. Some people assume that if they are injured, their own insurance company will pursue the other driver on their behalf, which is simply not true. While an insurance company will typically try to recover what it paid for property damage, it is highly unlikely to pursue a claim for personal injuries on the policyholder's behalf.

Whether dealing with a company for a driver who caused an accident or a workers' compensation company for an employer, a Parkersburg truck accident victim should keep the following in mind:

• The insurance company is not representing you or your best interests
• They are not required to tell you the truth
• The insurance company is in the business of making the most profit possible, which means paying out as little as possible
• An adjuster may seem nice, but they are not looking out for your best interests
• Insurance companies are in the business of selling insurance and do not like paying claims

Tips for Dealing With Insurance Companies

Always tell the truth. Anything said to an insurance company or its lawyers can and may be used against the injured person later, and even a small lie can seriously damage credibility, so honesty is always the safest approach.

Be smart when dealing with an insurance adjuster and watch what is said, since it could later be used as evidence against the claim. Insurance companies employ experienced professionals, which is why it is worth considering having a professional, such as an attorney, on your side to deal with the insurance company directly.

Keep thorough documentation. A diary or journal describing how an injury feels day to day can help prove the extent of damages and support a higher evaluation of the claim. This should include doctors' excuses for missed work, time missed for medical appointments, and copies of medical bills or explanation of benefits forms from any health insurance company involved.

Be thorough at every medical appointment. Medical records generated during doctor and physical therapy visits are extremely important, since they include a description of how the injury happened, physical complaints, examination findings, and treatment provided. The insurance company bases its settlement offer largely on this information. If a symptom is not reported to the doctor, it will not be treated properly and will not be documented. If a complaint about a new problem does not surface until weeks or months after the injury, the insurance company will likely argue that it was unrelated to the accident and reduce its offer accordingly.

Attend medical appointments regularly. Failing to see a doctor consistently can be treated as evidence that a full recovery has occurred, both by the insurance company and potentially by a judge or jury later on. If a doctor says to follow up as needed, that means returning within a few weeks if problems persist. Skipping that follow-up can make it look, in the eyes of the insurance company and everyone else involved, like the injury has fully healed.

Get Help Now In Parkersburg

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.

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