Information and Insight for Injured Iowans

Why Hiring an Attorney After a Truck Accident May Be In Your Best Interest

A truck accident can be a life-changing event. If the accident results in serious damages you may want to consider speaking with an attorney. Let’s be clear, though: Truck accidents do not always warrant an attorney. Minor fender-benders with little damage do not require the services of an attorney. If you are involved in a major accident with serious damages you should consider meeting with an attorney, especially if you are engaged in conversations with insurance companies.

After a truck accident, a representative of the trucker’s insurance company will usually contact you in order to collect information, but also to try to establish a rapport with you.  They do this so that they may be able to convince you to do things. They may want you to sign documents, give statements, or even discourage you from hiring an attorney for help settling the claim.

Insurance company representatives will often suggest that you do not need an attorney because “we can just work this out together.” You need to realize that there is no “we” in these situations – the insurance company representative is not really your friend and is not motivated to make sure that you receive fair compensation. The insurance company representative is discouraging you from hiring a lawyer because insurance industry statistics demonstrate that it costs an insurance company an average of $9,000 more per claim when an attorney is advocating for the injured person. Courts and regulators in a number of states, including New York, Pennsylvania, and Washington, have ordered insurance companies to stop the unfair tactic of discouraging accident victims from going to attorneys and learning about their rights.

To learn about other tactics insurance companies use against truck accident victims, go to Iowa Truck Accident Facts to download a free 35-page guide.

Doctor’s Recommendations vs. Insurance Companies’ Restrictions: How to Get the Treatment You Need as a Truck Accident Victim

It can be difficult to understand the intricacies of your insurance policy. The elusive fine print continues to stifle its clients, especially those who seek medical treatment. Unfortunately, not all insurance companies assist their clients with understanding their policy as well as they should. In some cases, insurance companies will try and deceive you about your legal circumstances. One example of this occurs during medical treatment of truck accident victims.

As practicing Cedar Rapids, IA truck accident attorneys, we have seen the different types of treatment that doctors have recommended to injured truck accident victims.  While doctors may recommend different types of treatment and have your best interests at heart, it is not in the interest of insurance companies to pay more for specialized treatment (often treatment from a specialist of a chiropractor). That is why, when an insurance company representative learns about the type of medical treatment that a truck accident victim is receiving, he or she may suggest that his or her insurance company will not reimburse you for that type of treatment.  That is simply not true.

Under Iowa law, the at-fault driver (or his or her insurance company) is responsible for paying all “reasonable and necessary” medical expenses caused by the truck accident. What constitutes “reasonable and necessary” medical treatment should be decided by your doctors and other medical providers – not by an insurance adjuster. In most situations, truck accident victims should seek medical treatment until they are healed or a doctor tells them that their condition is as good as it is going to get (this is often referred to as the patient achieving “maximum medical improvement”).

To learn about other tactics insurance companies use against truck accident victims, go to Iowa Truck Accident Facts to download a free 35-page guide.

Why A Quick Settlement Is Not Always In Your Best Interest After A Truck Accident

It is understandable that truck accident victims are inclined to hear offers for a quick settlement. After all, the price of medical bills, lost wages, and other expenses adds up over time and it may seem enticing to pay off all those bills right away. Moreover, many truck accident victims desire to complete the legal work as soon as possible, and avoid extended and lengthy delays. Yet, settling quickly may not be in a truck accident victim’s best interest.

Truck accidents cause immediate expenses, whether they are repairs for your vehicle or medical bills. These sudden expenditures can make the prospect of a settlement very appealing, but it is important to know how settlements work.

Most insurance companies will only issue one settlement check for an injury claim and – after that settlement check is issued – the insurance company will never pay any additional money for that particular accident in the future – even if you injuries get worse. If any of the following applies, you usually should avoid a quick settlement:

·        If you are still receiving medical care for accident-related injuries

·        If your accident-related injuries will likely require additional medical care in the future

·        If you have not yet been able to return to normal activities – especially work-related activities

If you are still in one of the above situations five months after a semi accident, you should immediately consult with an attorney to see what legal deadlines may apply to your personal injury claim.

For the truth behind other truck accident myths, go to Iowa Truck Accident Facts to download a free 35-page guide.

     Truck accidents can cause a lot of unforeseen expenses. With mounting medical costs, car repairs, and insurance costs, a quick settlement offer can sound very appealing. It is important to consider all the future expenses you must pay (including some to your own insurance companies) before accepting a quick settlement.                       

      Insurance company representatives will often try to convince a truck accident victim to quickly settle his or her personal injury claim by throwing out a settlement figure that—at first glace—seems fair. What they often do not mention is that the truck accident victim may not be entitled to keep all of that money.

Often a truck accident victim has had medical bills or lost wages paid by his or her:

·         Health insurance company

·         Auto insurance company (“medical payment coverage”)

·         Short-term disability insurance company

·         Employer’s workers’ compensation company

     Almost all of the insurance policies described above require an accident victim to pay back any amounts received if the accident victim reaches a settlement with the negligent driver or his or her insurance company. This legal obligation, which is known as “subrogation”, can leave an accident victim with little or nothing after a settlement. We protect our clients from the shock of subrogation by always advising our client about how much of any settlement off they will actually be able to put in their pockets. We also work to reduce our client’s subrogation obligations whenever possible before a settlement is reached.

     To learn about other tactics insurance companies use against truck accident victims, go to Iowa Truck Accident Facts to download a free 35-page guide.
     If you have any questions or immediate concerns, do not hesitate to contact us
toll-free:  1-888-546-6529.  We will do our best to answer your questions and there is not fee for an initial consultation.
 

     As Cedar Rapids, Iowa personal injury attorneys who handle truck accident cases, we have seen cases wrecked by small mistakes that could have been easily avoided. We feel it is our duty to help truck accident victims know these mistakes and how to steer clear of them. One such mistake is failing to proof-check the trucker’s log book.

     The National Transportation Safety Board blames driver fatigue as a probable factor in 20-40% of tractor-trailer crashes. Some drivers even refer to log books as “comic books” because they are so easily falsified. That is why it is usually necessary to gather the GPS tracking records, the e-mail logs, the bills of lading and the gas receipts and then take a blank log book and properly fill in all events and times that are supported by independent proof. Such an exercise may uncover and law and regulation violations that explain why the truck wreck occurred.

     For the truth about other mistakes that can impact your truck accident claim, go to Iowa Truck Accident Facts to download a free 35-page guide.

     If you have any questions or immediate concerns, do not hesitate to contact us

toll-free: 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.

     There are many mistakes that can be made after a truck accident, especially regarding a potential claim. These mistakes, while they may seem small or unimportant, can greatly impact the potential settlement or verdict you receive. That is why it is so important for truck accident victims to not assume someone else is handling their claim information.

     Sometimes, it is enough to rely upon law enforcement officers to perform a sufficient scene investigation after a car accident. That is rarely a good idea after a tractor trailer accident causes death or serious injury to a motorist. It is standard practice for trucking companies to send their own lawyers, adjusters and accident reconstruction experts to the scene of a serious truck wreck in the first 24 hours. Therefore, an injury victim or the injury victim’s family can be “out-gunned” if they don’t have their own experts evaluate the crash site as soon as possible.

     For the truth behind other mistakes that can impact your truck accident claim, go to Iowa Truck Accident Facts to download a free 35-page guide.

     If you have any questions or immediate concerns, do not hesitate to contact us

toll-free: 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.

      Mistakes can be made almost immediately after a truck accident; mistakes that can impact your ability to receive compensation through a settlement or verdict. One such mistake is failing to look for wrongdoers beyond the trucker.  Truck accidents victims are entitled to all the damages caused by another party, not just the driver.

     The parties who bear responsibility for a serious trucking accident may extend beyond the person in the truck’s driver’s seat. Because multiple parties may have contributed to a semi or its driver losing control, it is important to investigate the roles of:

·         The entity who hired the truck driver

·         The entity who controlled the trucker’s work

·         The entity who owns the tractor

·         The entity who owns the trailer

·         The entity who is responsible for vehicle maintenance

     For the truth about other mistakes that can impact your truck accident claim, go to Iowa Truck Accident Facts to download a free 35-page guide.

     If you have any questions or immediate concerns, do not hesitate to contact us

Toll-free: 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.

     A truck accident can occur in a matter of seconds, which is what makes it so difficult for drivers to avoid. Thankfully, preventing damage to your truck accident claim can be very easy and fairly quick, and can be very beneficial for your case.

     One way to prevent damage to your claim is by seeking immediate medical attention after a truck accident. If anyone is injured at the accident scene, call 911. If you are offered an ambulance ride to the hospital, take it. In all cases, the safe thing to do is seek immediate medical attention regardless of whether you think you are injured. Symptoms of an injury may not show up immediately after a crash. Some physical problems may not show up until hours or even days after a crash. In our legal system, the victim is always responsible for proving that he or she was injured in a particular accident. As Cedar Rapids, Iowa truck accident attorneys, we know the best way to prove you were injured in a semi accident is to have records from a medical examination that occurred immediately after the crash.

     After a person is discharged from initial medical treatment after an Iowa truck accident, we advise them to download and read our free 35-page guide for truck accident victims by going to Iowa Truck Accident Facts.

     If you have any questions or immediate concerns, do not hesitate to contact us

toll-free: 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.

     After a truck accident, there are bound to be repair and medical bills and can cause a lot of added stress. While it may seem as though the truck driver’s insurance company representative is trying to help you and relieve some of that stress, that is not their job or in the best interest. You should remember that this is a professional who is trained to use a number of tactics to make sure that his or her insurance company pays you as little as possible. One such tactic is telling you their company won’t pay if you don’t act right away.

     Insurance company representatives will often try to pressure you to do things for them right away. They often suggest that you will not receive fair compensation if you don’t act “right now.” This suggestion is bogus. Iowa truck accident victims generally have 2 years from the accident date to seek compensation for their injuries either by settling their claims or by filing a lawsuit. While there are some situations where the law requires you to provide notice within 6 months, you only have to act when the law requires it – not when the insurance company asks.

     To learn about other tactics insurance companies use against truck accident victims, go to Iowa Truck Accident Facts to download a free 35-page guide.
     If you have any questions or immediate concerns, do not hesitate to contact us
toll-free : 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.
 

     There is a lot of confusion following a truck accident. Many drivers aren’t sure what steps to take next, and some truck accident victims assume they are not obligated to do anything if it wasn’t their fault. As Cedar Rapids, Iowa personal injury attorneys, we feel it is our duty to correct this assumption.

     If you are injured in an accident caused by a semi driver’s mistake, you have a personal injury claim. Under Iowa law, a truck accident victim who wants to be compensated for a personal injury must be able to prove:

·         That the trucker was negligent

·         That the trucker’s negligence caused damage to the injury victim

·         The amount of the injury victim’s damages

     If the truck accident victim cannot prove any one of the above three elements in a court of law, he or she is not entitled to compensation. That means the burden of proving everything—from identifying the important witnesses at the accident scene to providing documentation of all injury-related losses—ultimately  falls on you, the accident victim.

     For a more detailed explanation of an Iowa truck accident victim’s legal obligations, go to Iowa Truck Accident Facts to download a free 35-page guide.

     If you have any questions or immediate concerns, do not hesitate to contact us toll-free: 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.