Suffering a serious injury in a truck accident can be a life-altering experience no one should have to go through. The physical pain can be unbearable, and the emotional distress of wondering how to pay for mounting medical bills and property damage repairs only adds to the trauma. However, a compassionate and skilled Council Bluffs truck accident lawyer may be able to fight for compensation to help.
Why Choose Berry Law for a Council Bluffs Truck Accident Lawyer and Claim?
At Berry Law, our dedicated attorneys understand the devastating impact a truck crash can have on the lives of people in Council Bluffs. The firm is here to provide the support, guidance, and fierce legal representation needed to hold negligent parties accountable.
Whether pursuing a personal injury claim or wrongful death lawsuit, clients can count on the team at Berry Law to be their unwavering advocates every step of the way. The Council Bluffs truck accident lawyers on our team have a proven track record of success in handling complex truck accident cases. Our knowledge of federal and state trucking regulations and extensive experience negotiating with insurance companies gives our clients an advantage.
Berry Law also operates on a contingency fee basis. Clients pay no legal fees unless the firm wins their case. Our Council Bluffs office is conveniently located at 215 S Main St Suite 206, Council Bluffs, IA 51503. Call our Iowa personal injury attorneys for a free consultation at (402) 466-8444.
The Dangers of Truck Accidents in Council Bluffs
The immense size and weight of commercial trucks make them inherently dangerous on the roads of Council Bluffs. When fully loaded, these vehicles can weigh up to 80,000 pounds – 20 to 30 times heavier than the average passenger car. This massive weight disparity means that when a truck collides with a smaller vehicle, the results are often catastrophic, leading to severe injuries or even fatalities.
According to the Iowa Department of Transportation, there were over 650 large truck crashes in Pottawattamie County (which includes Council Bluffs) between 2016 and 2020. These accidents resulted in hundreds of injuries and several tragic deaths. The most common causes of these crashes include driver fatigue, distracted driving, speeding, and improperly loaded cargo.
Types of Truck Accidents
Truck accidents can happen in various ways, each presenting unique challenges and potential injuries. Some of the most common types of Council Bluffs truck accidents include:
- Jackknife Accidents: When a truck’s trailer swings out to the side, forming a 90-degree angle with the cab, it can sweep across multiple lanes of traffic, causing severe damage to nearby vehicles.
- Rollover Accidents: Due to their high center of gravity, trucks are prone to rolling over when taking sharp turns, navigating steep inclines, or encountering strong winds. Rollover accidents often result in catastrophic injuries and significant property damage.
- Rear-End Collisions: The immense weight and size of commercial trucks make it difficult for them to stop quickly. When a truck driver fails to maintain a safe following distance or is distracted, they may rear-end the vehicle in front of them, causing a chain reaction of crashes.
- Underride Accidents: These devastating accidents occur when a smaller vehicle slides underneath a truck’s trailer, often resulting in severe head and neck injuries or fatalities.
- Blind Spot Accidents: Large trucks have significant blind spots on all four sides, making it difficult for drivers to see smaller vehicles. When a truck driver fails to check their blind spots before changing lanes or merging, they can sideswipe or push a car off the road.
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Common Truck Accident Injuries
Due to the sheer force involved in a truck crash, people often suffer severe and life-altering injuries, such as:
- Traumatic brain injuries (TBI): Damage to the brain caused by a sudden impact or penetrating injury, often leading to cognitive and physical impairments. Someone who suffers a head injury and is diagnosed with a brain injury has to watch for symptoms of TBI and should talk to their doctor.
- Spinal cord injuries and paralysis: Damage to the spinal cord that can result in partial or complete loss of sensation and movement below the injured area.
- Broken bones and fractures: Fractures and broken bones in various parts of the body may require extensive medical treatment and rehabilitation.
- Internal organ damage: Injuries to internal organs, such as the lungs, liver, spleen, or kidneys. These can be life-threatening and require immediate medical attention.
- Amputations and loss of limbs: Severing or crushing of limbs during the accident, resulting in the need for prosthetics and ongoing care.
- Severe burns and disfigurement: Injuries caused by fires, explosions, or exposure to hazardous materials, often requiring long-term treatment and causing emotional distress.
- Emotional trauma and post-traumatic stress disorder (PTSD): Psychological injuries stemming from the traumatic experience of the truck accident, which can have lasting effects on a person’s mental health.
Wrongful Death
Sadly, not everyone in truck accidents survives their injuries. When a person is killed due to the negligent actions of a truck driver, trucking company, or another party, it is considered a wrongful death.
The surviving family members, such as spouses, children, or parents, may have the right to file a wrongful death claim to recover damages for the financial and emotional losses they have suffered, including medical bills, funeral costs, lost future income, and the loss of love and support.
The experienced attorneys at Berry Law recognize the profound impact of losing a loved one in a truck accident. They are committed to helping families navigate the legal process during this incredibly difficult time.
Pursuing Compensation for Losses
If someone has been hurt in a truck accident caused by someone else’s negligence, they may be entitled to recover damages to compensate for their losses. Federal law requires trucking companies to carry larger insurance coverage because commercial trucks have a greater capacity for serious injuries.
While there is no set formula to calculate damages, lawyers will generally look at several factors to help someone injured in a truck accident get compensation. This may include the following:
- Medical expenses (current and future): Costs associated with medical treatment, rehabilitation, and ongoing care related to the injuries sustained in the truck accident.
- Lost wages and reduced earning capacity: Income lost due to missing work because of the accident and future income losses if the injuries affect someone’s ability to work.
- Pain and suffering: Compensation for the physical pain, discomfort, and emotional anguish experienced as a result of the truck accident and the injuries sustained.
- Emotional distress: Compensation for the psychological impact of the accident, including anxiety, depression, or post-traumatic stress disorder (PTSD).
Wrongful Death Damages
When a truck accident results in the tragic loss of life, the surviving family members may be entitled to seek compensation for their losses through a wrongful death claim. Some of the damages that may be available in a wrongful death case include:
- Medical expenses: Compensation for any medical bills incurred by the deceased before their passing due to the truck accident.
- Funeral and burial costs: Expenses related to laying a loved one to rest, including funeral services and burial or cremation.
- Lost income and benefits: Financial support the deceased would have provided, including future income and benefits.
- Loss of companionship and consortium: Compensation for the emotional loss of a spouse, parent, or child’s relationship and support.
Proving Liability in a Council Bluffs Truck Accident Case
The key element to recover damages for a truck accident injury claim or wrongful death claim is proving liability. A lawyer can fight for damages to help someone on their journey to recovery if they prove that their client was injured through the negligent actions of the other party.
Truck accident claims may involve multiple liable parties due to the complex nature of the trucking industry and the numerous regulations that govern it. Truck drivers and trucking companies are subject to both federal and state laws designed to ensure the safe operation of commercial vehicles on our roads.
Parties who may share liability for a truck crash include:
- The truck driver
- The trucking company
- The cargo loader
- The truck or parts manufacturer
Federal regulations, such as those outlined by the Federal Motor Carrier Safety Administration (FMCSA), dictate rules for driver qualifications, hours of service, vehicle maintenance, and cargo securement. Violations of these regulations can lead to liability for the truck driver and the trucking company.
Iowa state laws also play a role in determining liability. For example, Iowa has specific regulations regarding the maximum weight limits for trucks operating on its roads. If a truck is found to be overloaded and this contributes to an accident, the trucking company and cargo loader may be held liable.
Additionally, if a truck accident is caused by a defective vehicle or part, the manufacturer of the truck or the specific component may be held responsible under product liability laws.
Demonstrating Negligence
A Council Bluffs truck accident attorney must demonstrate that the negligent party’s actions directly caused the injuries. This process involves:
- Establishing a Duty of Care: All drivers, including truck drivers, have a legal obligation to operate their vehicles safely and follow traffic laws.
- Showing a Breach of Duty: The attorney will gather evidence to prove that the liable party failed to uphold their duty of care by engaging in negligent behavior, such as speeding, distracted driving, or violating trucking regulations.
- Connecting the Breach to the Injuries: The lawyer will demonstrate how the at-fault party’s negligence directly caused the accident that led to the injuries.
- Proving Damages: Lastly, the attorney will present evidence of the damages suffered, including medical bills, lost wages, and pain and suffering.
The Role of an Iowa Truck Accident Lawyer in Proving Negligence and Liability
When someone is injured or loses a loved one in a truck accident, proving negligence and liability is the key to securing the compensation they deserve. This is where a skilled Iowa truck accident lawyer becomes invaluable.
One of the primary ways a lawyer helps in these situations is by collecting and analyzing valuable evidence to support the claim. This evidence may include:
- Police reports and accident scene photos: These documents provide an official record of the accident, including details about the vehicles involved, the location of the crash, and any initial observations made by law enforcement.
- Witness statements: Eyewitness accounts can provide valuable insight into how the accident occurred and help establish fault. A lawyer will interview witnesses and secure their statements to strengthen the case.
- Driver logbooks and electronic logging device (ELD) data: Trucking companies are required to maintain accurate records of their drivers’ hours of service to ensure compliance with federal regulations. A lawyer may review these records to determine if the driver was operating within the allowed hours or if they were fatigued at the time of the accident.
- Truck maintenance records: Proper maintenance is essential for the safe operation of commercial trucks. A lawyer may examine maintenance records to identify any potential issues or neglect that may have contributed to the accident.
- Black box data: Many commercial trucks are equipped with event data recorders, or “black boxes,” which capture valuable information about the vehicle’s speed, braking, and other factors in the moments leading up to a crash.
- Medical records and expert testimony: The attorney will gather medical records and work with medical experts to demonstrate the extent of the injuries sustained in the accident and their long-term impact.
In addition to gathering evidence, a truck accident lawyer will also handle communication with insurance companies, trucking companies, and other parties involved in the case. They will work to protect their client’s rights and negotiate for a fair settlement. If necessary, they will take the case to trial and present evidence to the jury to hold the negligent parties accountable.
Throughout the process, a truck accident lawyer provides guidance, support, and advocacy for their clients. They understand the physical, emotional, and financial challenges faced by people injured in these types of accidents. A successful personal injury claim or wrongful death claim can help clients secure the compensation they need to rebuild their lives.
How Long Do I Have to File a Truck Accident Injury Claim in Iowa?
It’s crucial to act quickly following a truck accident, as Iowa law sets a strict deadline for filing personal injury and wrongful death claims. Known as the statute of limitations, this law generally gives people two years from the accident date to file a lawsuit against the at-fault party. However, exceptions may apply that could lengthen or shorten this deadline.
If this deadline is missed the right to seek compensation will be lost. That’s why it’s essential to consult with an experienced truck accident attorney in Council Bluffs as soon as possible to protect one’s rights and ensure the claim is filed within the legal time limit.
In addition to the statute of limitations, there are other important reasons to contact a lawyer promptly after a truck accident. Investigating a truck accident can be a complex and time-consuming process, requiring the preservation and analysis of critical evidence.
By contacting a personal injury lawyer quickly, the attorney can take immediate action to preserve valuable evidence before it is lost or altered. This may include sending a spoliation letter to the trucking company, demanding that they preserve all relevant evidence, such as the truck, driver logs, maintenance records, and black box data. The lawyer can also conduct their own investigation, interviewing witnesses, consulting with experts, and gathering additional evidence to support a claim.
Contact a Council Bluffs Truck Accident Lawyer at Berry Law Today
If someone has been injured in a truck accident in Council Bluffs, they shouldn’t wait to seek the legal help they need. They can contact Berry Law today to schedule a free consultation with one of the experienced Council Bluffs personal injury attorneys.
The firm will listen to their story, answer their questions, and provide the guidance needed to move forward with confidence. Berry Law will fight for them while they focus on healing.
To schedule a consultation, individuals can call the law firm at (402) 466-8444 or contact us online.
Berry Law – Council Bluffs Office
Address: 215 S Main St Ste. 206
Council Bluffs, IA 51503
Phone: 712-217-2177