Truck accidents are among the most lethal traffic accidents in the state of Iowa, with thousands of collisions occurring each year. For many, recovering from an accident involving a heavy motor vehicle involves many years of medical care, which insurance companies simply do not compensate them for.
By filing a personal injury claim, victims can obtain the recompense that they rightly deserve. However, plaintiffs bear the burden of proof, which means that the responsibility to prove that the defendant is at fault is theirs entirely.
With the help of a trained team of Iowa truck accident attorneys, injured parties can take their lives back. They can also help with details on how to prove fault in a motorcycle accident in Iowa.
When to Take Legal Action Following Truck Accidents
There are three options that injured victims have to obtain compensation for their damages. They could choose to approach the at-fault party's insurance company or file a claim with their own insurer if the other driver doesn't have coverage.
While these two options are generally best for minor collisions, major truck or car accidents may require a different course of action. That's because these cases typically involve extensive medical bills and future expenses, which are out of the scope of insurance coverage.
Moreover, if there are multiple parties involved or if liability is disputed, it's best for victims to contact a reputable attorney who can guide them through the legal process and ensure that their rights are protected. They can also share insight on how to prove fault in a car accident in Iowa.
Who Can Be Held Liable in Truck and Car Accidents?
The reality is that truck accident cases are often incredibly complex. What might seem like a simple, straightforward case might end up being a lot bigger than one might initially think. Here are some of the parties that might be to blame in a commercial truck accident:
The Truck Driver
In many cases, truck drivers are to blame for reckless or negligent behavior. Some fail to yield the right of way or travel at a safe speed, while others are distracted by the radio or cell phone while operating their vehicles.
Trucking Companies
While the truck driver might be to blame, the commercial trucking company might also be at fault. Many impose strict deadlines and do not allow their drivers enough time to rest, causing them to drive while incredibly tired. Vehicle repairs and maintenance are also their responsibility, so if the company was notified of a potential problem and failed to make the necessary repairs, it could be held liable.
Manufacturers
Suppose a defective part was responsible for the crash. In that case, the plaintiff can go after that company for compensation. However, it's important to remember that these truck accident claims are seldom easy, as these manufacturers have extensive legal teams, which is why it's important for victims to partner with a reliable truck and car accident lawyer who has extensive experience.
Vendors
The companies that might be responsible for improperly loaded cargo might also be found to be at fault. If the cargo was not secured properly, it could cause the vehicle to be unstable, resulting in fatal traffic accidents. In such cases, the service provider responsible for the poorly secured load will bear fault.
Other Vehicles
Suppose the Iowa car accident occurred because another driver was speeding, under the influence of narcotics, or conducting another kind of negligent act. In that case, he or she could be held liable for any resultant damages.
Because there may be multiple parties involved, enlisting the help of a reliable personal injury attorney is crucial for those who want to determine fault and obtain maximum compensation for their injuries.
How to Prove Fault in a Truck Accident in Iowa
Multiple parties are not the only factor that can complicate an auto accident case. Plaintiffs must provide four elements in order to receive a settlement from a truck company, manufacturer, or another at-fault party. For more information, a Des Moines truck accident attorney may be able to help.
Duty of Care
The first thing that a claimant must prove is the fact that the defendant owed him or her a duty of care. This means that they had a responsibility to act in a way that did not result in harm. Fortunately, this is fairly easy to prove, as all motorists are required to operate their vehicles in a way that does not cause traffic accidents.
Breach of Duty
Additionally, the plaintiff will need to demonstrate that the at-fault party did not provide this duty of care. They will need to prove that their actions were reckless or negligent, which led to the crash.
Causation
The next element that a victim must prove is that the defendant's breach of duty is what led to the accident. This involves tying the negligent act to the resultant accident. Evidence such as witness testimonies, videos, photos, and more can be used to establish causation.
Damages
Lastly, the person filing the legal claim must also be able to provide evidence that the accident led to real damages and that these expenses were incurred as a direct result of the crash. In most cases, medical records and the testimonies of healthcare professionals are used here.
Actions That Claimants Can Take to Improve Their Chances of Obtaining a Favorable Outcome
There are certain things that victims can do to ensure the success of their personal injury cases. Here are some examples:
Report the accident. Police reports can provide vital evidence to support a claim.
Stay off social media. Posting about their injuries online can harm a plaintiff's chances of obtaining compensation.
Obtain medical care. This is important as not following their doctor's advice might hinder a victim's case.
Keep records. Evidence is crucial for proving fault in a truck accident case, which is why it's important for injured parties to retain their medical bills and make notes about their injuries that can be used in the case later on.
Hire a reliable personal injury attorney. Obtaining legal representation is crucial in any truck accident case. Claimants should ensure that they choose a lawyer who is experienced and has an excellent track record to ensure their success.
Tom Fowler Law Is Here to Help
Proving fault in truck accident cases can be incredibly difficult, given the complexity of these cases. However, when injured victims partner with a legal team that has many years of experience, they can significantly improve their chances of winning their case.
Tom Fowler Law has been serving the people of Des Moines, Iowa, for many years and is ready to take on truck accident cases, regardless of their complexity. Victims are encouraged to contact us today for assistance.
Comments