Commercial trucks are between 20 and 30 times heavier than typical cars, which makes them more difficult to maneuver, brake, and see anything in their blind spots. Because of this, truck collisions are more likely to result in serious injuries or even fatalities if the driver is not careful.
If you or a loved one has suffered injuries as a result of a truck collision, our Council Bluffs truck accident attorneys can handle your case while you concentrate on recovery. A driver’s negligent actions should not be your financial responsibility.
The Berry Law represents truck accident victims in Iowa and Nebraska who are seeking full compensation for their injuries and property damage. Our Iowa personal injury attorneys are available to assist if you require top-rated, professional legal counsel.
Calculating Damages from an Iowa Truck Accident
Federal law requires trucking companies to carry larger insurance premiums because commercial trucks have a greater capacity for serious injuries.
You may be eligible for damages to cover the sizeable expenses you incurred as a result of the accident. The Berry Law can help in presenting the full nature and extent of these damages. For instance, a fair settlement payout after an accident may cover:
- Upcoming and outstanding medical expenses
- Alterations made to adapt to life after the accident, such as lifts and wheelchair ramps
- Loss or damage to property
- Mental suffering and emotional pressure
- Reduction in wages, employment, or earning capacity
- Pain and suffering
- Wrongful Death
There are different factors that determine the required minimum insurance liability for carrier trucks, but if you are involved in an accident with a truck driver, it is possible that multiple parties are at fault, including the truck manufacturer.
Laws to Prevent Trucking Accidents in Iowa
The amount of time that a truck driver can operate their vehicle in a single sitting is governed by numerous state and federal rules. Trucks can cause significant harm to normal cars and the occupants inside since long-haul truck drivers are more likely to make mistakes.
According to federal trucking regulations, truck drivers must strictly abide by the following legislation:
- Truck drivers are not permitted to work more than 70 hours in a row.
- Truck drivers who work 70 hours a week must take 34 straight hours off.
- In a 14-hour workday, truckers are only permitted to drive for 11 hours. Following an 11-hour driving shift, truckers must take 10 hours off.
- Hazardous material (hazmat) transporters are required to be certified.
- Every two years, truck drivers need to pass a physical exam.
- Truck drivers must wait up to eight hours before driving after consuming alcohol or drugs that impair judgment.
Unfortunately, by paying drivers awards for deliveries made before the deadline, there may be some incentive for truck drivers to violate these regulations. A further incentive for breaking the law is the fact that some truck drivers may not get paid until the delivery is made.
These regulations are enforced to protect both drivers and private citizens from trucking accidents. If violations of any of these laws are found during the accident investigation, your Council Bluffs truck accident lawyer will utilize it to prove liability and negotiate a higher payout.
Proving Liability in a Trucking Accident
Even if it is obvious that the driver or trucking company is to blame for your collision, receiving a fair settlement offer may be an uphill battle. With the help of a local truck accident attorney, you increase your chances of winning a large settlement to cover all your damages.
To prove fault, your attorney will examine the specifics surrounding your claim, including police reports, trucking logs, black box data, and more. They will work to:
- Make a strong argument by proving carelessness
- Demonstrate the truck driver’s (or other party’s) obligation to protect other drivers
- Show that they were negligent in breaking that responsibility (such as texting, speeding, or following too closely)
- Show that the truck driver (or other party) is accountable for the accident and your injuries as a result of their negligence, which directly caused the accident and your injuries.
Depending on the facts of the event, you might be able to hold the truck driver, their employer , a negligent third-party maintenance company, defective part manufacturers, and/or another party liable. Assigning fault in a trucking accident can be difficult to the untrained eye, but our firm has years of experience.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Iowa’s Truck Accident Statute of Limitations
The period of time an injured individual has to file a lawsuit seeking compensation following a truck accident is restricted under Iowa state law. The statute of limitations, as explained in Iowa Code § 614.1, allows victims up to two years after the date of the accident to file a lawsuit or settle their claim with the at-fault party.
It is easy for time to run out quickly while trying to recover from a trucking accident. Missing the legal deadline to file for compensation after a truck wreck may come faster than expected. By speaking with a truck accident lawyer in Council Bluffs, you will be advised of your legal options.
Contact Our Iowa Truck Accident Lawyers
Contact us to pursue full compensation for your truck accident claim. Every time a wrongful death or commercial truck accident occurs in Iowa or Nebraska, the attorneys at Berry Law are ready to help families financially recover.
Schedule a consultation with our truck accident lawyers in Council Bluffs to examine the value of your case today. We will investigate your claim and assist you at every stage of the legal process as you seek damages for your losses.