While every accident has the potential to cause serious injuries, collisions with semi-trucks or any other large commercial vehicle can result in catastrophic damages and injuries. At Trial Lawyers for Justice, we have extensive experience helping accident victims who have been harmed in trucking accidents. Our Des Moines truck accident attorneys will thoroughly investigate every clients’ case and work to secure compensation for their injuries and pain and suffering.
Why choose Trial Lawyers for Justice for your case?
After sustaining a serious truck accident injury, you need a team by your side with vast experience handling these cases. Trial Lawyers for Justice is ready to help.
- We understand how important Des Moines truck accident cases are, and if our clients are not offered a settlement they deserve, we will not hesitate to take the case to trial.
- We have won hundreds of millions of dollars in compensation for our clients, including an $18.6 million verdict on behalf of a child who was run over by a garbage truck and lost his leg.
- We take all Des Moines truck accident cases on a contingency fee basis, which means that our clients pay no legal fees for their case until after we secure the compensation they deserve.
What will an attorney do to help?
Truck accident cases in Des Moines can become incredibly complex, particularly when working to prove liability. Trucking companies and their insurance carriers are usually well-funded and ready to deny liability.
A skilled Des Moines truck accident attorney will be able to obtain all evidence necessary to prove fault in these cases and communicate with the insurance company. This includes gathering video and photo surveillance, truck “black box” data, statements from eyewitnesses, truck and commercial vehicles company records, and more.
An attorney will ensure that their client is evaluated by a trusted medical professional who can help fully assess their total losses. Importantly, a truck accident lawyer will be responsible for handling all negotiations to obtain a full settlement for a client’s losses.
What Causes Truck Accidents in Des Moines?
Our attorneys have years of experience investigating and resolving truck accident claims throughout Iowa. We know what it takes to acquire evidence and prove liability. We also recognize the most common causes of truck accidents and how they affect claims. Human error, above all, is the main cause of commercial vehicle accidents. When negligence or carelessness leads to a truck accident, victims may have claims to damages.
- Truck company negligence. A trucking company has a strong influence on the safety of its trucks,commercial vehicles, tractor trailers and drivers. It is responsible for proper driver hiring and training, as well as regular fleet maintenance. If a trucking company violates any federal laws or otherwise breaches a duty of care to others, it could be liable for a resultant truck accident.
- Truck driver error. Truck drivers have many responsibilities behind the wheels of big rigs. They must pay attention to the road at all times and not let distractions such as cellphones interfere with their driving. Drunk, distracted, negligent, fatigued, reckless and speeding truck drivers can cause catastrophic highway accidents.
- Mechanical failures. It takes many parts all working smoothly together for an 18-wheeler to operate safely and correctly. Hydraulic brake systems, tires, lights, fluids and the engine are all parts of the truck the driver and trucking company should inspect regularly. A part malfunction in transit could lead to an accident.
- Part defects. Another common cause of commercial truck accidents is product defects. Auto part makers can make mistakes during the design, manufacturing or marketing processes that lead to defective and unsafe products. A defective tire, for example, could blowout and cause an 18-wheeler to overturn. These accidents could be the fault of the manufacturer and could get fatal causing even a wrongful death.
- Dangerous roads. Finally, a dangerous or defective roadway could unnecessarily increase the risk of a large truck accident. Potholes, downed powerlines, unsafe construction zones, hidden signs, missing guardrails, uneven lanes and other road defects could cause a truck driver to lose control of his or her rig. A subsequent collision could be the liability of the city or state.
- A truck accident victim must determine the cause of the crash before filing a claim to damages in Iowa. Like most states, Iowa uses a tort-based insurance system. The person or company the most at fault for causing the traffic accident will be legally responsible for paying everyone else’s damages. The truck accident lawyers at Trial Lawyers for Justice can help you identify the party at fault for your truck accident as your attorneys. Then, we can help you bring a claim to damages with insurance companies.
Truck accidents often cause severe injuries
According to data available from the Federal Motor Carrier Safety Administration (FMCSA), more than 4,136 people died, and approximately 148,000 people were injured in large truck crashes during the latest reporting year across the country. Most of these truck accident victims were occupants in other cars and passenger vehicles.
Common truck accident injuries include bone fractures, lacerations, permanent scarring and disfigurement, disabilities, spinal cord injuries, brain injuries, paralysis, and internal injuries.
Unfortunately, the fault for these accidents often falls onto truck drivers and trucking companies. At Trial Lawyers for Justice, our truck accident lawyers regularly help truck accident victims have been injured due to:
- Truck driver fatigue
- Truck driver impairment alcohol or drugs
- Truck driver distraction
Trucking companies are required to follow FMCSA regulations as well. This includes ensuring that drivers of commercial trucks are properly trained and that they follow all hours of service (HOS) requirements. Trucking companies must also regularly inspect and maintain each vehicle to ensure that they are safe for the roadway.
Who Is Liable?
Liability is something you will need to determine and prove as the plaintiff of a Des Moines truck accident claim. The burden of proof during a truck accident case – and all personal injury cases – rests with the plaintiff, or injured party. Your truck accident lawyer from Trial Lawyers for Justice may be able to help you meet your burden of proof and establish someone else’s fault for your truck accident. Establishing fault and obtaining fair compensation generally requires four main elements of proof.
- Duty of care owed.
- Breach duty of care.
- Causation for the accident.
- Damages suffered.
Trucking companies will be liable for most Des Moines truck accidents. A company could be liable for its own breach of duty of care. It could also absorb vicarious liability for the negligence or misconduct of one of its employees or drivers.
If you need assistance bringing a strong claim to damages against a truck company, contact us to discuss your specific goals for the case. We understand how personal injury claims work and what the courts need to find someone guilty of negligence. Our attorneys will work hard to obtain a positive outcome on your behalf.
What kind of compensation is available?
If you or a loved one have sustained an injury caused by the careless or negligent actions of a truck driver or trucking company, there may be various types of compensation available for your claim. At Trial Lawyers for Justice, we are regularly able to help accident victims obtain the following types of economic and non-economic compensation:
- Coverage of all truck crash-related medical bills
- Recovery of lost wages if a victim cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against a grossly negligent truck driver or trucking company
Contact a Truck Accident Lawyer in Des Moines
When you need a Des Moines truck accident attorney, you can contact us for a free consultation of your case by clicking here or calling 866-854-5529.