Des Moines Truck Accident Lawyer
Pursuing Compensation After a Truck Accident
If you have been injured in a collision, our Des Moines, IA truck accident lawyer is here to help you. We uphold professionalism, knowledge, and utilize laws in order to get our clients proper restitution. We are sought out by clients due to a high percentage of cases won and have received many awards for our quality practices.
Those who drive trucks not only have to be wary of their own capabilities, but have to be aware of other cars at all times. Motor vehicle drivers often speed around large trucks because they have to go slower, which poses a huge threat to safety. In a time of rushing around and little patience, car drivers do not understand the need of safety like a truck driver does.
During training, truck drivers may undergo vigorous and extensive training that helps keep them safe on the road. However, even with such diligence an accident caused by a passenger vehicle can happen, resulting in a large amount of damage.
Here at Des Moines Injury Law, we first start out by getting to know your situation more in-depth and can bring to light all the fine details of your case. The more proof we can provide to a jury, the more likely we can win the case. Not only that, but we can get you the restitution needed in order to keep living your life, with minimal lingering aches or pains as a result of the accident.
Table of Contents
- Pursuing Compensation After a Truck Accident
- Understanding Your Case
- What to Consider Before You Settle
- Des Moines Truck Accident Infographic
- Des Moines Truck Accident Statistics
- Des Moines Truck Accident FAQs
- Des Moines Injury Law, Des Moines Truck Accident Attorney
- Contact Our Des Moines Personal Injury Lawyer Today
How Our Truck Accident Attorney Can Help You
Our truck accident attorney at our firm believes in an aggressive form of representation and fight to get all medical bills paid, handle each step from start to finish and can be of assistance for emotional trauma, as well. If you need to see a therapist to work through difficult feelings or fear, we want to make sure your expenses are covered so it does not come out of your own pocket or check book.
Our lawyer may consult with your doctor as well, to provide evidence of how severe your injuries are in the court of law. We can do everything possible to ensure you are awarded a fair verdict and can be a resource of information during this challenging, and possibly confusing time.
The sooner you contact our law firm, the better your chances are of receiving a maximum payout for your injuries. Timing is key. Schedule an appointment with your doctor as soon as possible and give us a call to receive a free consultation.
Contact Des Moines Injury Law for a case evaluation and to find out how our firm can help you obtain the compensation you deserve.
Understanding Your Case
If you have been in a truck accident and have suffered major losses like injuries and property damage, there are a number of economic and non-economic damages that you may be able to recover if you have a valid case. Economic damages include damages that can be quantifiable, such as medical bills and lost earnings, while examples of non-economic damages include pain and suffering, emotional distress, and loss of life enjoyment. These are damages that are subjective and vary from person to person.
Reasons Accidents Happen
Many truck accidents happen for a variety of different reasons. One common contributing factor is the amount of rest that a commercial truck driver gets. There are many truck drivers who may simply be tired and sleepy because of their long hours. Driving commercial trucks is a risky and strenuous job, so many drivers are more vulnerable to getting into an accident because they do not have enough sleep or rest. A company could even encourage truck drivers to continue driving without enough rest so that they can make their delivery in time.
Other accidents occur because of poor manufacturing or lack of maintenance. In these types of accidents. Trucks need periodic maintenance because they are prone to wear and tear. Many trucks are old and need to be checked constantly for bad parts. Carriers are responsible for ensuring that their trucks can be safely used on the road and will not result in accidents.
Types of Truck Accidents
A truck accident can happen in many ways. Sometimes the truck flips over or collides with another car. Whether it’s a commercial truck, trailer truck or moving truck, accidents involving trucks usually result in more destruction. They hold a large amount of heavy or hazardous cargo, so when an accident happens the contents are strewn everywhere. Some common types of accidents that our truck accident attorney often sees include jackknife accidents, rear-end accidents, head-on accidents, rollover accidents, sideswipe collisions, and wide turn collisions.
How Our Lawyers Can Help
Whether you have been injured as the driver of a semi-truck or as a motorist in an accident involving a semi-truck, our Iowa trucking lawyer can help you navigate the legal system. Our assistance begins with a consultation where we will discuss your case, asking important questions about the accident, its aftermath, and your injuries. Once we understand the details of your case, our team will begin an investigation into the accident, gathering crucial evidence such as photographs, video, witness testimony, and more. This evidence is used to prove which party is at fault for the accident, and how their negligent or reckless actions contributed to the accident and your injuries.
Liability In Trucking Accidents
In a trucking accident, there are many different parties that may be found liable for the accident and your injuries. This can include a negligent or reckless driver, a trucking company that did not take the proper precautions necessary or follow all required regulations, a truck manufacturer, or even a government entity if poor road conditions contributed to the accident. Determining liability is crucial to recovering compensation, and our experienced Des Moines truck accident lawyer will work hard to prove fault and how the liable party’s actions contributed to the accident, and thus your injuries.
Receiving Compensation
Once liability has been proven, you can seek compensation for your injuries. Compensation received after a trucking accident will vary from case to case, but generally costs related to medical bills, rehabilitation and therapy, lost wages, property damage, pain and suffering, and emotional anguish can be recovered. Our lawyer will help you determine if a personal injury claim or lawsuit is the best course of action for your case, and will represent you in all negotiations with insurance and the liable party. Most cases can be settled before court, but if a fair settlement cannot be reached, we are prepared to take your case to court and represent you in order for you to receive the full and fair amount of compensation you deserve.
The Importance Of Dedicated Representation
In the aftermath of a trucking accident, it can be easy to be overwhelmed by the recovery process. Our team will work hard so that you can focus on your physical recovery while we pursue your financial recovery. Your case and your well-being is important to us, and we will advocate for your rights throughout the duration of your case.
Common Causes Of Truck Accidents
Truck-related incidents on our highways are a significant concern, posing risks not only to truck drivers but also to other road users. Understanding the common causes behind these accidents is crucial for preventing them and ensuring road safety. Here, we will explore the most prevalent reasons behind these unfortunate events and offer guidance on how to proceed if you find yourself affected by such an incident. Always contact our experienced personal injury attorney to get legal assistance.
Understanding Common Risks
Truck driving can be dangerous, so it is crucial to remain vigilant on the road. Here are some of the more common causes of accidents on the road.
Driver Fatigue
One of the leading contributors to accidents involving large vehicles is driver fatigue. The demanding schedules and long hours on the road can take a toll on truck drivers, impairing their reaction times and judgment. Despite regulations aimed at ensuring drivers have sufficient rest, pressure to meet deadlines can sometimes lead to these guidelines being overlooked.
Large vehicles have a lot that can go wrong mechanically. Regular maintenance is essential, but even with diligent checks, issues such as brake failures or tire blowouts can occur, leading to catastrophic outcomes. Ensuring vehicles are in top condition is a responsibility shared by drivers and trucking companies alike.
Improper Loading
The way a truck is loaded can significantly impact its maneuverability and stability. Overloading, or unevenly distributing the weight, can cause the vehicle to tip over or make it difficult for drivers to control, especially at high speeds or in difficult driving conditions. Adhering to weight limits and ensuring cargo is securely and evenly distributed is critical.
Poor Weather Conditions
Weather plays a significant role in road safety, with conditions such as rain, snow, ice, and fog increasing the risks for all vehicles, including trucks. These conditions can severely reduce visibility and make the roads slippery, challenging even the most experienced drivers.
Distractions on the road are more prevalent than ever. For truck drivers, the consequences of a moment’s distraction can be severe. Activities such as using a smartphone, eating, or even adjusting the radio can divert attention from the road, leading to accidents.
Inexperienced Drivers
Operating a large vehicle requires skill and experience. Inexperienced drivers may not fully understand how to handle their trucks in various situations, such as in heavy traffic or when making difficult maneuvers. Comprehensive training and gradual exposure to different driving conditions can help mitigate these risks.
The Value of Your Case
If you have been injured due to a truck accident, you may be wondering what your case value is. Our lawyer will find out the value of your case much later on in our investigation. We can only give you an estimate during the early stages. The value will depend on a number of factors such as the medical expenses, total amount of property damage, and people who are held liable.
Determining Liability
Many different parties can be involved in a truck accident case which makes them more challenging than typical car crashes. In addition to drivers and carriers, there are many third parties that work with trucking companies like vendors and contractors.
What to Consider Before You Settle
As our trusted truck accident attorney understands knowing when to settle a claim is not always easy. There are many schools of thought when it comes to settling a claim. If this is the first time you have ever had to settle a personal injury claim of any type, you may be thrilled to see any settlement money come through the pipeline. Once you hear that the other party’s insurance is ready to make a deal, you may be ready to accept the offer. On the other hand, if you are concerned you will not get a good deal from the insurance company, you may decline offer after offer even when you have already received a fair deal. This is one of the reasons it is so essential to work with our lawyer for your case. We can help you learn when an offer is fair and when you should keep fighting.
There are certain things you will want to keep in mind when you are determining whether it is right to settle your claim or not. Our firm has a successful track record in recovering damages, demonstrating why injury victims come to us when they need top legal representation in Iowa.
- If the Settlement Seems Too Low
When you are unfamiliar with legal settlements, it may be hard to know if a number is fair or not. Our lawyer will take into consideration your ability to work in the future, your medical expenses and bills, and your pain and suffering.
- If You Have Fully Healed
If you have not healed from your injuries yet, you may not fully understand what amount of compensation is going to be fair. If you are still receiving medical treatment, are unsure of what kinds of medical bills you will have in the future, are going to rehabilitation, or might have surgeries, these are all things you will need to take into account when you settle your claim.
- If You Are Filing With the Right Party
You want to know that when you are filing a legal claim you are doing it against the right party. Our lawyer will want to gather all of the evidence they can to determine if it was truly the truck driver’s fault. Because there may be additional parties at fault for the accident, you want to ensure you do your due diligence so that you can file a claim against the person (or people) who are responsible.
- If You Have Spoken With a Lawyer
It can seem like one thing after another when you need to file a personal injury claim. The idea of even meeting with a lawyer can seem daunting. However, our attorney is going to know who to talk with, which evidence to gather, and where to look to determine liability. Working with our lawyer can help you to get the settlement that you deserve. If we believe you are repeatedly being offered an unfair settlement, we can even fight on your behalf in court.
Des Moines Truck Accident Infographic
Des Moines Truck Accident Statistics
According to the National Safety Council (NSC), more than 5,000 tractor-trailers are involved in fatal crashes in the country each year. That number continues to rise. In fact, there has been an almost 50 percent increase in fatal truck crashes compared to just 10 years ago.
Many of these crashes result in serious to catastrophic injuries and the financial impact on families can be devastating. If you or a loved one has been injured, contact our office to speak with one of our truck accident lawyers to find out what type of financial compensation you may be entitled to.
Des Moines Truck Accident FAQs
When you’re involved in a truck accident, the aftermath can be overwhelming. Between physical injuries, emotional trauma, and financial burdens, it’s crucial to understand your rights and potential compensation. At our law firm, we are dedicated to providing you with clear, comprehensive information to help you navigate this challenging time. Here, we address some of the most frequently asked questions about compensation in truck accident cases.
How Is Compensation Determined?
The amount of compensation you may receive in a truck accident case depends on various factors. These include the severity of your injuries, the extent of property damage, medical expenses, lost wages, and the degree of fault. Courts and insurance companies will assess these elements to determine a fair settlement. It’s essential to have a skilled personal injury attorney who can accurately evaluate your case and advocate for the maximum compensation you deserve.
What Types Of Damages Can Be Claimed?
In truck accident cases, victims can claim several types of damages. These are typically categorized into economic and non-economic damages. Economic damages include tangible losses such as medical bills, rehabilitation costs, lost income, and property damage. Non-economic damages cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly reckless or malicious.
How Long Does The Process Take?
The duration of a truck accident case can vary significantly. Factors influencing the timeline include the intricacies of the case, the willingness of parties to settle, and court schedules. Some cases may settle within a few months, while others could take several years, especially if they go to trial. Patience and persistence are key, and having our experienced truck accident attorney by your side can help expedite the process.
Do All Cases Go To Court?
Not all truck accident cases go to court. Many are resolved through negotiations with insurance companies. However, if a fair settlement cannot be reached, filing a lawsuit and going to trial may be necessary. Our attorney will guide you through each step, whether negotiating a settlement or representing you in court, to ensure your interests are protected.
What Evidence Is Needed?
Gathering robust evidence is crucial in a truck accident case. This includes police reports, medical records, witness statements, and photographs of the accident scene and damages. Additionally, data from the truck’s electronic logging device (ELD), maintenance records, and the driver’s logbook can provide valuable insights into the cause of the accident. Our experienced lawyer will know how to collect and preserve this evidence to build a strong case on your behalf.
How Are Medical Bills Handled?
Medical bills can quickly pile up after a truck accident. Initially, your health insurance may cover some costs. However, the goal of your compensation claim is to ensure all medical expenses related to the accident are reimbursed. This includes future medical costs for ongoing treatment. Our attorney will help document these expenses and negotiate with the insurance company or pursue legal action to recover the full amount.
Can I Claim Lost Wages?
Yes, you can claim lost wages in a truck accident case. This includes not only the income you have already lost due to being unable to work but also future earning potential if your injuries impact your ability to work in the long term. Properly documenting your lost wages with pay stubs, tax returns, and a letter from your employer is essential to support your claim.
How Is Pain And Suffering Calculated?
Calculating pain and suffering can be challenging since it is a non-economic damage. Various methods are used, such as the multiplier method, which multiplies your economic damages by a certain factor, or the per diem method, which assigns a daily rate for your suffering. Our knowledgeable lawyer can help determine a reasonable amount for pain and suffering based on your specific circumstances.
What If I Was Partially At Fault?
Even if you were partially at fault for the accident, you might still be entitled to compensation. Many states follow comparative negligence rules, which means your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%. Consulting with our lawyer can help clarify how your level of fault might affect your case.
How Much Does It Cost To Hire A Lawyer?
Most personal injury lawyers work on a contingency fee basis. This means they only get paid if you win your case. The fee is typically a percentage of the settlement or judgment amount. This arrangement allows you to access legal representation without upfront costs, making it easier to pursue your claim regardless of your financial situation.
Des Moines Injury Law, Des Moines Truck Accident Attorney
Contact Our Des Moines Personal Injury Lawyer Today
If you or a loved one has been involved in a truck accident, it’s crucial to seek professional legal advice as soon as possible. At our law firm, we are committed to fighting for your rights and ensuring you receive the compensation you deserve. Contact Des Moines Injury Law today for a free consultation, and let our knowledgable Des Moines truck accident lawyer handle your claim with confidence and care. Your journey to justice begins with a single step. Take that step with us.
