Trucking Accidents
Semi Truck Accidents Frequently Asked Questions
I. General Information about Accidents
      Involving Tractor Trailers
VI. Carrier Responsibility
II. Common Causes VII. Unsafe Acts by Passenger Vehicle Drivers
III. Truck Safety VIII.

Steps to Take if You Are Involved in
      an Accident

IV. Driver Training and Requirements IX. Conclusion
V. Driver Obligation    
  A. Maintenance and Inspection of Vehicle    
  B. Safe Loading    
  C. Driver Fatigue    
  D. Drugs and Alcohol    
 
Contact a Iowa semi truck injury lawyer representing clients in Osceola, Iowa today to schedule your free initial consultation."
 

Following is a general guide of some of the do's and don'ts surrounding your accident:

Report the accident immediately
Do not state much about the accident
Do not admit fault
Do not apologize
Seek medical attention immediately
Do not wait to file a police report and retrieve a copy
Do not wait to file your insurance claim
Report only the basic facts of your accident to insurance adjusters

Your actions in the first hours and days of your accident are critical if you hope to receive fair compensation for your injuries. We urge you to obtain one of our reputable personal injury attorneys immediately. Retaining an attorney requires insurance investigators, law enforcement personnel and others whose actions may not be in your best interests to speak to your attorney first in all matters regarding your case.

One of the more common defenses in a trucking accident case is that the driver of the passenger vehicle caused the accident. Because of their enormous size and slow maneuverability, large trucks have significant limitations when it comes to responding quickly to the action(s) of another motorist. Consequently, if the passenger vehicle does any of the following the fact of the action will be used to defend the truck driver:

  Jasper County Courthouse Newton Iowa

Driving left of center into opposing traffic
Unsafe passing
Driving under the influence of drugs and/or alcohol
Failure to stop for a stop sign or traffic light
Following too closely
Driving over the speed limit
Driving inattentively
Driving in "no-zones"
Improperly merging in front of a truck

The first step after hiring one of our experienced attorneys will be to file a Complaint which outlines the claims that the Plaintiff has against the Defendant. The Defendant then has a brief period of time in which to respond to the Complaint. Should the Defendant fail to respond within that time-frame, the court may then enter a default judgment against the Defendant. Eventually, the parties exchange documents and other pertinent information regarding the issues pertaining to the matter. In many instances, one or both of the parties will try to dispose of the matter, or a part of it, by a process called Motion. If the parties do not reach an agreement and the matter is not disposed of by motion, the case then proceeds to trial. Either party may choose to have a jury. At the trial, the attorneys present their individual cases, and the judge or jury make the decision on the unresolved issues. Once a decision is reached, the judge orders Judgment be entered for the party who wins. After the Judgment is entered, either party may Appeal the decision to a higher court. However, it is unusual for an appeals court to overturn a judge's decision.

Every commercial truck accident is unique. Therefore, it is difficult to determine the exact time-frame these steps will take in your particular case. It can take as little as a few months, to as long as a few years.

Conclusion

In 2004, over 5,190 people died and more than 116,000 people were injured in trucking accidents. Our highways are deadly. When tractor-trailers and cars collide in fatal trucking accidents, 91 percent of the deaths occurred in the cars. An average of about 5,000 trucks is involved in a fatal traffic accident each year. Almost 78% of these occurred during the hours of 6:00 am and 6:00 pm. Large trucks are more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles.

Following is a list of data compiled by the Federal Motor Carrier Safety Administration for 2005 pertaining to motor vehicle traffic crashes, crash victims and fatality and injury rates:

Crash Type Large Trucks (over 10,000 pounds) All Vehicles

Fatal 4,862 43,443
Injury 87,000 2,699,000
Property Damage Only 324,000 4,304,000

Total 415,862 7,046,443

Traffic Crash Victims

In Large Truck Crashes In All Vehicle Crashes

Killed 4,862 43,443
Injured 60,734 2,699,000

On the road, there's almost nothing more deadly than an out-of-control truck. As trucking companies are only required to maintain many of their records for six months, it is imperative to take action immediately if you have been a victim.

When victims die in fatal truck accidents, the survivors are often unsure how to handle the aftermath of the tragedy. When fatal truck accidents are caused by negligence on behalf of the truck driver, company, employer, contractor or the manufacturer, the decedent's family may have the legal right to seek compensation for the losses suffered in fatal truck accidents.

If you have been injured in an accident involving a truck, or a loved one has died in a truck crash or wreck, one of our experienced attorneys can assist you in obtaining a settlement to compensate you for your injuries or your loss.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

 
If you would like to schedule a free initial consultation contact an Iowa trucking accident attorney, representing clients in Osceola, Iowa at the Drew Law Firm. Give us a call at (888) 290-5339.
Des Moines, Iowa Attorney practicing in Iowa primarily in Workers' Compensation & Personal Injury. Lawyers at the Drew Law Office are dedicated to serve their clients in Iowa, including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Adel, Marshalltown, Pella, Decorah, Knoxville, Eldora, Johnston, Ankeny, and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Marion, Winneshiek, Madison, Hardin and Des Moines counties.
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