Attorneys
- Rock Rapids Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life-threatening injuries when involved in a collision with a commercial truck. Although driver error is often the cause of these accidents, a crash can also stem from truck company negligence, including poorly maintained equipment. Below, the Rock Rapids truck accident attorneys at Walker, Billingsley & Bair explain how a trucking company's own negligence can factor into a claim, how long a trucking company must preserve driver records, and how a Rock Rapids victim should approach payment of medical bills after a crash.
Truck Company Negligence for Poor Commercial Truck Maintenance
The trucking industry is regulated by the Federal Motor Carrier Safety Administration, which enforces rules pertaining to a variety of areas, including the upkeep of commercial vehicles. Every truck company is responsible for maintaining its big rigs. Although manufacturing defects are sometimes to blame for a crash, a failure in commercial truck maintenance is often the culprit. When this is found to be a contributing factor in an accident, or the outright cause of it, a truck company can be considered negligent and liable for damages.
Types of Truck Equipment Problems
Certain types of equipment are more likely to cause a crash in Rock Rapids, or to make the impact of one much worse.
Brake Failure
If a driver cannot stop, there is the potential of running into another vehicle. This 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 other vehicles nearby.
Tire Problems
Tires can blow out, which is not only dangerous due to flying debris but can also cause the driver to lose control of the vehicle. Worn tire treads, along with underinflated or overinflated tires, are other issues that could cause an accident.
Lighting and Visibility Issues
If a truck's lights are not functioning adequately, it can make visibility difficult. The same is true of malfunctioning windshield wipers. When a driver cannot see well, it can cause or contribute to a crash.
Trailer Attachment Failures
If a trailer is not properly attached to the cab, it may end up swinging out of control or completely detach, putting others on the road at serious risk.
Damages That May Be Recoverable in a Claim
When a truck company's negligence is the reason for an 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 as a result of the healing and recovery period may also be compensated. If the injuries are disabling and prevent a Rock Rapids victim from returning to work, or require the person to perform job tasks that pay less because of impairment, these financial losses may also be considered in a truck accident claim. Property damage to the victim's vehicle would also be addressed, or if the vehicle is totaled, the 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, there may be compensation that addresses mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the accident.
Proving Truck Company Negligence
When a truck company is negligent and liable for injuries, it can often result in significant compensation, but finding the company responsible is not always easy and requires a thorough investigation. Contacting an attorney who handles these types of cases is an important first step for any Rock Rapids truck accident victim.
Truck Driver Records Are Critical Evidence, and They Do Not Last Forever
Proving that a truck company was negligent, whether due to poor maintenance or another factor, often depends on the driver's own records. If the truck involved is owned by a commercial trucking company, both the driver and the company itself may be held responsible for the accident. Because of this, it is often in a trucking company's interest to destroy evidence that could hurt its reputation or expose it to a costly claim, which is exactly why Rock Rapids victims need to move quickly after a crash.
A commercial trucking company is only required to preserve hours of service records for six months. After that window closes, the company is legally permitted to destroy them. Driver qualification files last longer, and must be kept for as long as the driver is employed, plus three years after that employment ends. An attorney can send what is known as a spoliation letter to the trucking company, formally putting it on notice that it must preserve driver records and any other evidence relevant to an upcoming or ongoing truck accident claim.
- Medical records indicate whether the truck driver was medically fit to be behind the wheel at the time of the crash.
- Cell phone records can show whether the driver was distracted or using a device at the time of the collision.
- Qualification files indicate whether the driver was properly qualified to operate the truck under federal regulations.
- Employment and driving history can reveal patterns that support a claim of negligence.
- Maintenance records can reveal whether the truck company was aware of equipment problems and failed to correct them before the crash occurred.
The driver is only required to keep the last seven days of hours of service logs onboard, while employers must retain records for a minimum of six months. Because a truck accident claim can easily take longer than six months to resolve, having an attorney send a preservation letter early is essential to keeping this evidence intact for a Rock Rapids victim's case.
Who Should Pay My Medical Bills After a Rock Rapids Truck Accident?
Who pays your medical bills after a truck accident is often confusing for Rock Rapids victims. In Iowa truck and car accident cases, it is rare for the at-fault party's insurance company to make payments for medical bills as they are incurred. This is true even if their liability is obvious and they have already paid for property damage. The at-fault party's insurance company is not required to make payments, and insurance companies routinely make payments only at the time of a final settlement, when they can obtain a release. Because of this, a Rock Rapids victim should not expect the at-fault party's insurance company to pay medical bills as they come in, and should instead look to other means of covering those costs.
Your Own Health Insurance
This may come from an employment benefits package or from a policy you have paid for personally.
A Spouse's or Parent's Health Insurance
Coverage obtained by a spouse for your benefit, or by parents if you are under age and living with them, may also apply.
Medical Payments Coverage
Medical payments insurance coverage from your own auto policy may apply if you were driving or a passenger in a vehicle at the time of the crash. In some cases, this coverage can come from both the insurance company for the vehicle you were in and your own personal auto policy.
HealthCare.gov or Medicaid
If you are not covered under an insurance plan, you may be eligible for one of the insurance programs under the Affordable Care Act. You can go online, contact a local insurance agent, or reach out to your local Department of Human Services to find out.
If none of these options apply, personal funds may be used to pay medical bills as they are incurred, if you are able to do so. With medical debt rising, many Rock Rapids victims do not have the funds to pay right away. When there are insufficient funds to pay doctors, hospitals, and other medical providers, an attorney can help facilitate assignments where the client authorizes the attorney's office to pay the medical provider directly from any eventual settlement or verdict. This often satisfies the health provider, who will frequently wait until the time of settlement rather than pursue collection.
Understanding Subrogation
Keep in mind that almost all insurance policies have a subrogation provision, which means the insurer requires reimbursement if you obtain money for your medical bills from another party or insurance company. This is an important factor for a Rock Rapids victim to understand before agreeing to any settlement, since it can affect how much compensation is ultimately available.
Protecting Your Rock Rapids Truck Accident Claim
Whether a Rock Rapids truck accident stems from a driver's mistake, a trucking company's failure to properly maintain its equipment, or a combination of both, building a strong claim depends on preserving evidence and understanding how medical bills will be paid along the way. Insurance companies are not looking out for a victim's interests, and trucking companies are only required to hold onto critical records for a limited window of time. Involving an experienced attorney early gives Rock Rapids victims the best chance of protecting the evidence and compensation they are entitled to.
Get Help Now In Rock Rapids
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.