Best Truck Accident Lawyers in Des Moines, IA

FAQs

• What is the non-emergency contact number for the local police station in Des Moines, Iowa?

  For non-emergency matters, residents within Des Moines may contact the local police department by dialing (515) 283-4811.

• Where can you get a copy of the police report for the accident in Des Moines, Iowa?

  Police reports for accidents in Des Moines are available at the local department's Records Section, which is located at 25 East 1st Street, Des Moines, IA 50309. The section is open between 7AM and 4PM from Monday to Friday. Citizens can also call (515) 283-4896 for more information from personnel.

• What are the common causes of truck accidents throughout Des Moines?

  Truck accidents occur in Des Moines due to distracted, speeding, and sleepy or drunk drivers, as well as improperly loaded cargo and blind spots. Analyses conducted by the City of Des Moines Traffic & Transportation Department also reveal that accidents commonly take place due to tailgating, failure to yield, and reckless driving. In addition, maintenance issues are cited as factors wherein a company fails to keep its trucks in good condition.

• How are third parties held accountable in truck accident cases within Des Moines?

  Lawyers and authorities can hold manufacturers accountable if the vehicles, parts, and rigging are identified as chief factors in a truck accident. They can also investigate and sue shipping and trucking companies for possible violations of standards concerning work hours and for failing to routinely maintain trucks in line with local guidelines.

• How are settlements for truck accident cases in Des Moines calculated?

  Due to the size of commercial trucks, settlements are relatively higher compared to those in ordinary motor vehicle accidents, with payouts for minor damages amounting to an average of $100,000. They are also affected by factors such as a victim's long-term pain and suffering, rehabilitative care, and loss of income, in line with local tort laws.

• How do comparative fault guidelines affect the settlements of truck accidents in Des Moines/Iowa?

  The Comparative Fault Act in Iowa dictates that both parties involved in an accident share a portion of the blame, depending on presented evidence and testimonies. This often applies to accidents that are caused by speeding or a driver's failure to yield the right-of-way. If a plaintiff's fault exceeds more than 50% in a case, modified comparative negligence guidelines prohibit any recovery of monetary damages.

• How important are trucking records in supporting a truck accident victim's settlements in Des Moines?

  Trucking records can support the claims of truck accident victims by revealing possible evidence within an offending driver's history, qualifications, and past traffic violations. Plaintiffs can seek aid from lawyers who will file spoliation letters on their behalf when requesting records from the company involved in an accident, dictating that requested documents must not be tampered with, destroyed, discarded, or erased.

• What does a truck accident attorney do?

  A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

• Who can be sued in a truck accident case?

  Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:

  • Equipment owners, including leasing companies
  • Truck drivers who are reckless, intoxicated, or make mistakes
  • Trucking companies accountable for hiring and keeping records
  • Maintenance providers who are negligent or fail to perform routine tasks
  • Loading personnel in accidents caused by shifting loads
  • Third-party drivers, especially in multi-vehicle collisions
  • Equipment manufacturers that sell defective parts

• What do I need to know about truck accident cases in court?

  In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:

  • The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.
  • In negligence claims, the plaintiff must prove that the defendant breached this duty.
  • The plaintiff must show that they suffered damages or experienced harm.
  • Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.

  
  

• What are the common causes of truck accidents?

  Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:

  • Inadequate or improper driver training
  • Severe weather, including rain, sleet, ice, and fog
  • Dangerous roadways, potholes, and construction zones
  • Improper loading, excess weight, and shifting cargo
  • Reckless driving involving intoxication or distractions
  • Faulty equipment, such as failing brakes

  
  

• Can I sue if I was hit by a truck owned by a big company?

  Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:

  • Checking the truck driver’s record
  • Securing phone records to prove distracted driving
  • Photographing skid marks and road conditions
  • Verifying the truck’s weight and maintenance history
  • Establishing the driver’s physical and mental health
  • Reviewing logbooks to identify times of service violations
  • Checking for previous violations to establish a pattern of misconduct

  
  

• How many semi truck accidents are there per year?

  In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

• Can I sue for being hit by a semi truck?

  If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

• What should I do after a truck accident?

  The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

• How long does an 18-wheeler lawsuit take?

  Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

• Do semi truck accidents go to trial?

  Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.