West Des Moines Truck Accident Injury Attorneys

In the expansive realm of highway systems, trucking accidents can cause significant disruption, often resulting in life-altering injuries for those involved. In such tumultuous situations, trucking injury lawyers stand as unwavering advocates, offering guidance and support to survivors. These legal experts specialize in navigating the complex landscape of trucking laws and regulations.

Drivers struck by falling cargo from a large truck can file a truck accident claim. This type of incident, known as an unsecured load, is a common scenario that truck accident lawyers encounter. While cargo is often secured inside a tractor-trailer, there are instances when the cargo is not enclosed, such as when transporting pipes, logs, or boxes. If unsecured, this cargo can enter the roadway and create a significant hazard. An Iowa law firm in Des Moines can assist victims in establishing liability and recovering compensation for damages caused by loose cargo.

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. Truck drivers and companies have a responsibility to keep cargo secure to prevent injuries to others. Additionally, truck drivers must drive safely to ensure that cargo does not fall off the trailer and into the path of other vehicles. 

To file a claim, a driver must suffer damages or injuries caused by the falling cargo. Simply witnessing cargo falling off a trailer does not qualify for a claim. An Iowa law firm in Des Moines can help answer any questions regarding the validity of a claim.

Determining Accident Liability

Determining liability is crucial in a truck accident claim. If the truck driver loaded the cargo, they might be held responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, that employee might bear some responsibility.

If the driver is hauling cargo for a trucking or shipping company, the company may be liable under a law called "respondeat superior," meaning the company is responsible for any injuries or harmful acts caused by employees during their employment. To hold the company liable, the victim must prove that the truck driver or another employee was negligent. If a third party loaded the cargo, that party might be found liable.

Product defects can also play a role. If the cargo was securely loaded but a defect in the trailer led to the cargo coming loose, the manufacturer of the trailer could be held liable. Multiple parties might be at fault, and an Iowa law firm in Des Moines can review the case facts to help establish liability.

Semi Truck Accidents: Insurance Companies, Damages, Liability

No matter what type of Iowa truck accident you have experienced, dealing with significant medical bills and lost wages is common. To seek financial restitution, your first step should be contacting an Iowa truck accident lawyer.

Seeking Damages After an Iowa Semi Truck Accident

To seek damages after an Iowa truck accident, you must file a truck accident claim with the responsible insurance company. An insurance adjuster will evaluate your damages. Remember, the adjuster works for the insurance company and may not have your best interests in mind.

Insurance Industry Tactics to Watch Out For:

1. Underestimating Claim Value: Adjusters may undervalue your claim.
2. Delaying Investigations: Insurers may delay investigations to frustrate you into accepting a lower settlement offer.
3. Downplaying Injuries: Insurers may use their medical professionals to downplay your injury or claim you had a pre-existing condition.

If the insurer refuses to pay what you deserve, you may need to pursue compensation through an Iowa truck accident lawsuit. Your lawyer can represent your interests in court.

Determining Liability After an Iowa Truck Accident

To succeed in an Iowa truck accident lawsuit, you must prove that the defendant's negligence caused your injuries. You might claim damages from several parties, including:

1. The truck driver.
2. The trucking or shipping company.
3. The safety director of the company.
4. The vehicle inspector.
5. The manufacturer of the truck.

An Iowa truck accident lawyer can investigate your case to determine liability and represent your interests in court, allowing you to focus on recovery instead of dealing with insurance adjusters and settlement negotiations.

Common Types of Fatal Semi Truck Accidents

The five most common types of fatal truck accidents include:

1. Underride Accidents: Smaller vehicles drive underneath large trucks.
2. Override Accidents: Large trucks drive over smaller vehicles, motorcycles, or pedestrians.
3. Jackknife Accidents: The trailer folds into the truck during sudden braking.
4. Head-On Collisions: Direct impact between the front ends of two vehicles.
5. Rollovers: The truck tips over onto its side or roof.

While these are the most common scenarios, truck accidents can vary widely.

Should I Get a Car Accident Lawyer?

If you are considering hiring a car accident lawyer for your Iowa claim, it is essential to understand how qualified lawyers typically operate:

1. No Up-Front Fees: Reputable lawyers do not require retainer or upfront fees.
2. Contingency Fees: Lawyers are paid only if they win your case, typically a percentage of the settlement (30% for settlements, 33.33% for litigated cases, and up to 40% for appeals).
3. Selective Case Acceptance: Quality attorneys only take cases where they believe they can significantly increase your compensation.
4. Comprehensive Case Management: Your attorney should handle all interactions with insurance companies, obtain your medical records and bills, and keep you informed.

If a lawyer does not adhere to these practices, it might be a red flag. Some firms take every case hoping a few will be profitable, which can lead to minimal attention to individual cases. Others may ask you to obtain your medical records and bills, indicating a lack of investment in your case.

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.