Attorneys
- Perry Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
According to the National Highway Traffic Safety Administration, there were 59 large trucks involved in fatal traffic accidents in Iowa in a single recent year, with many more involved in serious non-fatal crashes. Given the sheer size and weight of commercial trucks, collisions tend to cause devastating damage, and the most severe injuries are almost always suffered by the occupants of the smaller passenger vehicles, not the truck driver. Recovering the compensation you deserve after one of these accidents requires an experienced Iowa truck accident attorney who understands both the complexity of federal trucking regulations and the tactics insurers use to minimize payouts.
Why Truck Accident Cases Are Far More Complex Than Car Accident Cases
While you may not need an attorney for a minor car accident, you will almost always need legal help after a serious truck accident. These cases differ from regular car accident claims in several critical ways, and underestimating that complexity can cost you dearly.
Extensive Damages and High Stakes
The damages and injuries in truck accidents are typically far greater than in most car accidents. When your injuries are serious and the dollar value of your case is high, the truck company's insurer will be actively looking for ways to minimize their payout. Extensive injuries mean future medical costs must be factored into the claim alongside current bills, lost wages, and other losses. Getting this right requires careful documentation and experienced legal guidance.
Federal Regulations Add a Layer of Complexity
Commercial truck drivers and carriers must comply with rules established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from how many hours a driver may be behind the wheel to how often scheduled maintenance checks must be performed. When a carrier or driver violates one of these regulations and a crash follows, that violation can be used to establish fault. But identifying and proving those violations requires someone who is well-versed in trucking regulations, which is something trucking companies, the FMCSA, and experienced truck accident attorneys understand thoroughly.
Truck Companies Fight Hard to Limit Their Liability
Truck accident claims can quickly become highly contested because the trucking company and its insurer have experienced attorneys whose job is to dispute claims, shift blame, or negotiate settlement amounts as low as possible. It is extremely difficult for someone who is suffering from major injuries to effectively negotiate against a well-resourced carrier and its legal team without an established attorney who handles truck accident cases on their side.
Who Can Be Held Liable for a Truck Accident in Iowa?
One of the first tasks after a serious truck accident is establishing which party or parties can be held legally accountable for your damages. Liability in a truck accident case is not always limited to the driver. Depending on the circumstances of the crash, multiple parties may share responsibility.
Potentially liable parties in a truck accident case can include:
- The truck driver
- The trucking company or carrier
- A repair shop or maintenance crew responsible for servicing the vehicle
- A truck manufacturer or the manufacturer of a defective component part
- A company that loaded the cargo onto the truck
- An inspector responsible for performing annual fleet inspections
- A co-driver who contributed to the conditions that caused the accident
It is also important to understand the legal concept of vicarious liability. This principle holds that companies are generally responsible for the actions of their employees when those actions occur during the course of employment. So if a truck driver was at fault because he was texting while driving or failed to check poorly loaded cargo before a trip, his employer, the carrier, would typically be named as a defendant and held liable for the resulting damages. Under the FMCSA's 49 C.F.R. § 390.5, even drivers who operate as independent contractors are considered statutory employees, which further extends the reach of carrier liability.
Truck Company Negligence and Poor Commercial Truck Maintenance
Driver error is one cause of truck accidents, but it is not the only one. In many cases, equipment problems that stem from a trucking company's failure to properly maintain its fleet are a contributing factor or even the direct cause of the crash. Every truck company is responsible for the upkeep of its vehicles, and the FMCSA enforces rules specifically governing the maintenance of commercial trucks. When a breakdown in that maintenance obligation contributes to an accident, the trucking company can be found negligent and held liable for damages.
Common Equipment Failures That Cause or Worsen Truck Accidents
Certain types of equipment failures carry a particularly high risk of causing a serious crash or making the impact of one significantly worse:
- Brake failure. If a driver cannot stop the truck, the potential for a catastrophic rear-end collision is immediate. Brake failure often results from worn brake pads or shoes that have not been replaced on schedule. Trucks can also jackknife when front brakes are depowered or removed, causing the trailer to fold and strike or crush nearby vehicles.
- Tire problems. Tire blowouts, worn treads, and under or overinflated tires can all cause a driver to lose control of the vehicle. A blowout at highway speed can be deadly both from flying debris and from the sudden loss of vehicle stability.
- Lighting failures. If headlights, tail lights, or signal lights are not functioning properly, visibility is compromised, increasing the risk of a crash, particularly in low-light conditions or bad weather.
- Windshield wiper failures. Impaired visibility due to non-functioning wipers in rain or snow can directly contribute to a collision.
- Trailer attachment problems. If the trailer is not properly secured to the cab, it may swing out of control or completely detach, creating extreme danger for every other vehicle on the road.
Preserving Critical Evidence After a Truck Accident
Proving liability in a truck accident case requires substantial evidence, and some of the most important records have limited preservation windows under FMCSA rules. One of the first things an attorney will do after being retained is send a letter of spoliation to the trucking company. This letter formally notifies the carrier that litigation is pending, specifies which records must be preserved, and reminds the company of the legal consequences of destroying evidence.
Under FMCSA recordkeeping requirements, carriers are required to maintain several categories of records that are often central to proving fault:
- Driver logbooks contain detailed entries about the hours driven and miles traveled. Carriers must keep these records for six months. If a logbook shows a driver exceeded allowable driving hours in a 24-hour period, that information can be powerful evidence of negligence.
- Maintenance records document each vehicle's inspection history, repairs, and service. Certain records must be kept for one year and for six months after a vehicle leaves the carrier's control. Others, such as driver vehicle inspection reports, must be retained for three months.
- Driver qualification files must be kept for three years after a driver's employment ends. These files should include the employment application, safety performance history, medical examination records, a list of any traffic violations, certificates of driving eligibility and training, and information from prior employers.
In many truck accident cases, it is information found in the carrier's own records that ultimately proves the company's liability. For example, a driver's logbook may reveal that he exceeded the legal driving hour limit before the crash, or that he had a disqualifying medical condition yet was still permitted to drive. Without prompt preservation of these records, critical evidence can disappear and a victim's case can be severely weakened.
Additional Evidence That Can Establish Liability
Beyond carrier records, a strong truck accident case typically requires two categories of evidence: evidence that proves the extent of your injuries and damages, and evidence that establishes the other party's liability. In addition to records obtained from the carrier, the following evidence is often very helpful:
- Your medical records and documentation of lost wages
- A personal pain diary documenting the day-to-day effects of your injuries on your life and ability to function
- Photographs and video of the accident scene, including from traffic cameras, nearby surveillance systems, or footage from the truck driver's cab camera, which can sometimes be subpoenaed
- Eyewitness contact information and statements
- The truck's electronic control module (ECM), often called the black box, which records the truck's speed, throttle position, brake application, clutch status, changes in velocity, total driving time, and maximum recorded speed at the time of the crash
- Testimony from an accident reconstructionist, a field expert who can use the available data to electronically reconstruct the crash and identify fault when liability is disputed
What Damages May Be Recoverable in an Iowa Truck Accident Claim?
When a truck company's negligence or a driver's misconduct causes an accident, the financial and personal losses suffered by injured victims can be substantial. A successful truck accident claim may seek compensation for a wide range of damages, including:
- Ambulance and emergency services
- Hospitalization costs
- Follow-up doctor visits
- Prescription medications
- Physical therapy and rehabilitation
- Future medical expenses related to the injury
- Lost income during the healing and recovery period
- Diminished earning capacity if the injuries are disabling or require a change to lower-paying work
- Property damage to the victim's vehicle, or replacement value if the vehicle is totaled
- Pain and suffering
- Disability and disfigurement
- Reduced quality of life
- Mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the accident
Can You Trust the Insurance Company After a Truck Accident?
This is one of the most important questions any truck accident victim in Iowa needs to answer honestly, and the answer matters more in a truck accident case than almost any other type of claim. In Iowa alone, there are more than 100 insurance companies selling policies. Just because a company accepts your premium or seems cooperative after a crash does not mean they are looking out for you.
If you are dealing with the trucking company's insurer or any other insurance company whose policyholder caused your injuries, here is what you need to understand:
1. The insurance company is not representing you or your best interests.
2. They are not required to tell you the truth.
3. The insurance company is in the business of making the most profit possible, which means paying you as little as possible.
4. The insurance adjuster may seem friendly, but they are not looking out for your interests.
5. Insurance companies do not like paying claims. Their business is selling insurance, not compensating victims.
Some truck accident victims also assume that their own insurance company will pursue a personal injury claim on their behalf if they are hurt by someone else. That assumption is incorrect. While your insurer may attempt to recover what they have paid out for property damage through subrogation, it is highly unlikely that they will pursue a claim for your personal injuries. That responsibility falls on you and the attorney you choose to represent you.
Five Tips for Dealing With Insurance Companies After a Truck Accident
Whether you are dealing with the trucking company's insurer or your own, the following strategies are critical to protecting your claim:
- Always tell the truth. Anything you say can and may be used against you. Even a small misstatement can permanently damage your credibility with adjusters, judges, and juries. The best policy is to always tell the truth so you never have to worry about what you said.
- Be careful what you say to adjusters. Insurance companies have trained professionals working for them whose job is to minimize what they pay. Watch what you say and strongly consider having an attorney deal with the insurance company on your behalf once you have hired legal representation.
- Keep detailed documentation. Maintain a diary or journal documenting how your injuries are affecting your daily life. Keep all medical bills, explanation of benefits forms from your health insurer, and any doctor's notes excusing you from work. Track every appointment missed and every day of wages lost.
- Be thorough at every medical appointment. Tell your doctor everything that hurts. The medical records generated at your appointments are critical evidence. If you fail to report a symptom and then raise it weeks later, the insurance company will argue it was not caused by the accident and use that gap to reduce their settlement offer.
- Attend all medical appointments consistently. Failing to follow up with your physician is treated as evidence that you have fully recovered, both by the insurance company and potentially by a judge or jury. If your doctor says to follow up as needed and you are still having problems, go back. If you do not, it may appear that your injuries have resolved.
Steps to Take Immediately After a Truck Accident Near Perry, Iowa
If you or a loved one has been involved in a truck accident, getting medical attention is the first priority. Once your condition has stabilized, report the accident to your insurance company or have someone do this on your behalf. Do not give any recorded statements to adjusters until you have spoken with an attorney, as this protects your best interests at a critical stage of the claims process.
Start collecting evidence as soon as you are able. Save all medical bills and receipts, and begin a personal injury journal to document your symptoms and how your injuries are affecting your daily routine. Contact an experienced Perry truck accident attorney promptly so that a spoliation letter can be sent to the trucking company before key records are destroyed or lost.
Get Help Now In Perry
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.