- Waterloo Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Across the broad expanse of highway systems, trucking accidents can create substantial disruption, frequently resulting in serious injuries for those involved. In such turbulent times, trucking injury lawyers act as reliable advocates, offering support and direction to survivors. These attorneys specialize in the complex domain of trucking laws and regulations.
Accidents on the road are an unfortunate reality, and determining fault is a crucial step in resolving any subsequent legal issues. This guide will cover how fault is determined in Iowa for car and truck accidents, focusing on key rules, common scenarios, and the role of trucking company negligence.
Iowa Car Accident Fault Determination
Iowa follows specific laws outlined in Iowa Code Chapter 321 - Motor Vehicles and Law of the Road. These laws include rules about yielding at intersections, responsibilities for striking a disabled vehicle, and yielding to pedestrians. Iowa is a comparative fault state, meaning the fault of each driver in an accident is compared. A driver found to be 51% or more at fault cannot recover damages, while a driver 50% or less at fault can recover damages reduced by their percentage of fault.
Common Ways to Prove Fault
1. Failure to Stop within an Assured Distance, Failure to Maintain Control, and Following Too Closely
- Assured Clear Distance Ahead: Drivers must stop within a visible distance.
- Failure to Maintain Control: Drivers must control their vehicle and reduce speed at intersections.
- Following Too Closely: Drivers must maintain a reasonable distance from the vehicle in front, considering speed, traffic, and road conditions.
2. Failing to Yield
- Meeting and Turning to the Right: Vehicles must yield half the road by turning to the right.
- Approaching or Entering an Intersection: Vehicles on the left must yield to those on the right at intersections.
- Backing onto a Highway: Drivers must yield when reversing onto a highway.
- Slow Moving Vehicles: Slow vehicles must stay in the right-hand lane.
- Driving on the Right Half of the Road: Vehicles must stay on the right unless overtaking or avoiding an obstruction.
- Entering Through Highways: Vehicles must yield when entering through highways.
3. Failing to Obey a Traffic Control Device
- Traffic Signals: Drivers must obey signals, stop at red lights, and proceed with caution on yellow lights. Green lights allow movement unless pedestrian or vehicular traffic within the intersection has the right of way.
Proving Fault in Iowa Car Accidents
Understanding these rules helps in proving fault in Iowa car accidents. When involved in an accident, collecting evidence such as traffic camera footage, witness statements, and police reports can support claims regarding violations of these rules.
Truck Company Negligence and Poor Maintenance
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces maintenance and safety standards. Truck companies must maintain their vehicles to prevent accidents. Poor maintenance can lead to equipment failures, making companies liable for accidents caused by these failures.
Common Equipment Problems
1. Brake Failure: Worn brakes can prevent stopping, causing collisions.
2. Jackknifing: Removing or depowering front brakes can cause the trailer to fold.
3. Tire Issues: Blowouts or worn treads can lead to loss of control.
4. Lighting and Visibility Problems: Non-functioning lights or windshield wipers reduce visibility.
5. Trailer Issues: Improperly attached trailers can swing out or detach.
Damages Recoverable in Truck Accident Claims
Victims can seek compensation for:
- Medical Costs: Including ambulance services, hospitalization, follow-up visits, medication, physical therapy, and future medical expenses.
- Lost Income: Compensation for the period of recovery, and for future lost wages if the victim is disabled.
- Property Damage: Costs of repairing or replacing the victim's vehicle.
- Physical and Emotional Losses: Including pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and post-traumatic stress disorder.
Proving Truck Company Negligence
Proving negligence requires a thorough investigation. Evidence must show that poor maintenance or other negligent actions by the truck company contributed to the accident. Legal help is often necessary to navigate these complex cases.
Unsecured Load Accidents
Falling cargo from trucks, such as pipes, logs, or boxes, can cause serious accidents. Even if the truck does not physically hit another vehicle, victims of falling cargo can file a truck accident claim. Truck drivers and companies must secure cargo to prevent it from falling onto the roadway.
Determining Liability
Liability can fall on the truck driver, the company, or a third party involved in loading the cargo. If a defect in the trailer led to the cargo falling, the manufacturer might also be liable. Multiple parties may share responsibility for accidents caused by falling cargo.
Contact an Iowa Truck Accident Lawyer Today
At Walker, Billingsley & Bair, our team of experienced lawyers can assist you in navigating the complexities of truck accident claims. We are dedicated to ensuring you receive compensation for the damages you’ve suffered.
For more information on injury claims, download our free e-book, "The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case." To schedule an appointment with a truck accident lawyer, Contact our office at 641-792-3595 to speak with an attorney.