Sigourney Truck Accident Injury Attorneys

A truck accident in Sigourney can leave victims facing serious, long-lasting injuries and a complicated claims process. Whether the crash involved a delivery vehicle or a large commercial semi, understanding who can be held liable, what steps protect your claim, and what an attorney actually does on your behalf can make a real difference in your recovery.

At Walker, Billingsley & Bair, our Sigourney truck accident attorneys help injured victims understand liability when a delivery driver causes a crash, what to do to protect a truck accident claim, and the many tasks an attorney takes on to strengthen a case. Below, we walk through each of these topics in detail.

When a Delivery Driver Causes a Sigourney Truck Accident

According to the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle type occurs, the injuries are often very serious. If you have been involved in an accident with a commercial vehicle in Sigourney, here is what you need to know about recovery and liability.

Who Is Liable for an Accident Caused by a Commercial Driver?

In the majority of cases, one of two parties will be held liable when an accident involving a commercial vehicle occurs: the driver of the vehicle or the company that owns the truck. If the driver of the truck is an employee of the trucking company, the company will usually be held liable under the legal doctrine of respondeat superior, which means an employer is liable for the actions of its employees while they are acting within the scope of their employment. If the driver of the delivery truck is an independent contractor, however, the driver may be held liable rather than the company that contracted him or her. In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions or a defective part on the truck caused the crash. Instead, the manufacturer of the truck or a truck part, the shipper, or even the party responsible for loading the truck's cargo may be held liable.

An accident involving a delivery vehicle can be very scary and can cause long-lasting injuries to the victims involved. Iowa Code 614.1 provides you two years to file a claim for damages, so it is important to speak with an attorney as soon as possible.

What You Need to Know About Your Sigourney Truck Accident Claim

Whether or not you decide to work with a particular law firm, the following points are critical to helping you receive a fair and just settlement for your injuries after a Sigourney truck accident.

Tell Your Doctor Everything That Hurts

One of the most critical pieces of evidence is how you feel and how your injuries have affected your ability to function on a daily basis. Your doctor is required to keep accurate and detailed records of your medical history and care, including your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. Insurance companies will base their offer on this critical information. If you fail to tell your doctor everything that hurts, it will not only go untreated, but no one will know about it. If you begin to complain about a problem weeks or months after you were hurt, the insurance company will claim the problem was not from the accident and reduce their settlement offer.

Follow Your Doctor's Orders

If your doctor tells you to attend therapy three days a week but you only go once a week, you will damage your claim. The insurance company will argue that you could not have been truly injured, or you would have followed your doctor's recommendations, and will reduce their settlement offer accordingly.

Keep a Diary to Document Your Injuries

Few people ever think to write down how they felt after an accident. You need to remember the details of your injury and how you felt on a day-to-day basis. A diary helps provide accurate accounts of your injuries and how they affected your ability to function, and it can mean a higher evaluation of your claim.

Keep Documentation Regarding Missed Work

It is important to keep track of the time you missed from work, including doctors' excuses for missed work and the time you miss for doctors' appointments.

Be Careful What You Say

The insurance company and their lawyers will use anything and everything you tell them against you. No matter what, do not lie. Even a small lie can ruin your credibility. The best policy is to always tell the truth, so you never have to worry about what you said.

What Can a Sigourney Truck Accident Attorney Do for Your Case?

Depending on the nature and severity of your injuries, you may or may not need an attorney in your case. However, it is always a good idea to at the very least consult with an experienced Iowa injury attorney and request information that may help you through the process and avoid common costly mistakes. Make sure to look at an attorney's reviews, since claiming to handle personal injury or truck accident cases does not necessarily mean the firm does it well. Look for reviews from prior clients that talk about their experience as a client, including the results they obtained, so you can be sure you are hiring the right attorney for your case.

Should you decide to work with an attorney, here are some of the tasks that will be done on your behalf. Keep in mind that every case is different, and these tasks are typically performed at no upfront risk to you, since attorneys are generally only paid if they are successful in your case.

What an Attorney Can Do for You

• Educate clients about Iowa injury laws, since they vary from state to state
• Gather documentary evidence, including police accident reports, medical records, and bills
• Hire an investigator, if necessary, to interview witnesses or locate additional witnesses
• Collect other evidence, such as photographs of the vehicles and accident scene
• Review and analyze legal issues, such as comparative fault and assumption of the risk
• Talk to the client's physicians and obtain written reports to support the case and fully understand the client's condition
• Analyze the client's insurance policy to see whether there are coverages that may pay all or a portion of medical bills while the claim is pending
• Review and analyze the validity of any liens on the case, since doctors, insurance companies, welfare benefit plans, and employers may assert they are entitled to all or part of the recovery
• Contact the insurance company to put them on notice of the claim, if this has not already been done
• If a suit is filed, prepare the client, witnesses, and healthcare providers for depositions
• Prepare written questions and take the deposition of the defendant and other witnesses
• Prepare a demand package to send to the defendant in an attempt to settle the case
• Prepare for possible mediation and settlement negotiations before trial
• Prepare medical, demonstrative, and other exhibits, along with the client and witnesses, for trial
• File motions and briefs with the court to determine what will be allowed into evidence at trial
• Take the case to trial, and review the verdict to determine if there are grounds to appeal