Personal Injury

PERSONAL

INJURY

If you are involved in an accident, the last thing you want to do is worry about the legal aspects of the injury. Instead, you likely want to focus all of your time and attention on healing and getting back on your feet—whether that means getting back to work or back to your family.


At The Smith Law Firm, PLLC, we want to help you focus on what matters after an accident. We will handle the legal aspects of your claim so you can spend your time and attention on feeling better. Give your burden to us—we want to help!


The Smith Law Firm, PLLC can address various types of personal injury claims in Iowa, including:



  • Car Accidents
  • Motorcycle Crashes
  • Pedestrian Accidents
  • Trucking Crashes
  • Dog Bites
  • Bicycle Accidents
  • Slip and Fall Claims
  • Medical Malpractice
  • Nursing Home Neglect
  • Product Liability Cases


You do not have to go through your personal injury claim alone. Instead, give our experienced team a call to discuss your options. We will provide you with practical advice on your rights and what you should do next. Don’t wait to start your claim—there are timelines that you must follow to begin your case. Call today to schedule a free case evaluation.

  • Bicycle Accidents

    Bicycle Accident Causes


    Many bicycle accidents are caused by inattentive drivers. In personal injury claims, this is also called negligence which means that a person failed to act with the standard of care that a reasonable person would be expected to observe in the same situation. Motorists are expected to obey all traffic laws and avoid accidents whenever possible.


    Some motorists may cause bicycle accidents by opening their car doors when a cyclist is attempting to pass or failing to give the cyclist enough room. If it can be proven that an accident was intentional, such as in cases where road rage was a contributing factor, it may be possible to recover punitive damages to punish the motorist for egregious conduct. Increasingly, bike accidents involve pedestrians who are distracted with headphones on and staring at their phones.


    Some accidents are caused by bad roadways. For example, a large crack in the pavement can cause a serious bike wreck if the cyclist is unable to avoid the damaged area. Cities and businesses have a duty to the public to keep roadways and walkways safe for the public. Failure to do so may result in the city or business being held liable for costs associated with an accident.


    What To Do After A Bicycle Accident In Iowa

    If you were involved in a bicycle accident in Iowa, the first thing you should do is seek immediate medical treatment. Next, file a police report. Filing a police report is usually a requirement for insurance companies if you need to file a claim later. If possible, have police come to the scene of the accident. If you are hospitalized, have police come to the hospital. If you left the scene and were not hospitalized, go to the police station and ask to make a report within 24 hours of the accident.


    Never admit fault for an accident. Even if you believe that you contributed to causing an accident, there are many factors involved, and many accidents happen so quickly it is difficult to determine what happened immediately afterward. Many accidents involve more than one party who is at fault.


    Next, it is important to speak to an attorney. Navigating the insurance claims process can be difficult, and there may be strict deadlines for filing a claim.


    Bicycle Accidents And Insurance Coverage

    Most bicycle accidents are covered by car insurance at no cost to either the cyclist or the driver of a motor vehicle involved in the accident. To recover compensation in Iowa, a person injured in an accident must prove that another party was at least liable for the accident, and the party asking for compensation must be 50 percent or less responsible for the accident.


    Workers’ compensation may cover medical bills and lost wages if a cyclist was involved in work activities within the scope of their employment when the accident occurred. This usually does not apply if the cyclist was commuting to work from home or acting as an independent contractor rather than an employee.


    What Happens If A Driver Says A Bicycle Accident Was The Cyclist’s Fault?

    If a cyclist is found 100 percent at fault for an accident, he or she may be responsible for paying for the medical bills and other damages associated with the accident for all parties involved. Sometimes it is not immediately clear who was at fault for an accident.


    Cyclists are generally supposed to obey all traffic laws that motorists are required to obey. Cyclists who must cross the street should avoid riding their bike through a crosswalk since a motorist may claim that the accident was unavoidable if the cyclist was not following traffic laws and entered the crosswalk before the driver had time to stop. The speed of the cyclist will likely be a factor in determining who was at fault for the accident.


    Fault is a question of fact, and in many cases, more than one party was at fault. Just as there are two sides to every story, the parties involved in an accident may have differing accounts regarding what happened. If you have been involved in a cycling accident with a motor vehicle and the driver says the accident was your fault, a lawyer may be able to help you gather evidence to support your version of events. Some claims turn on evidence gathered months after the accident such as statements from a witness that was not included in the police report or camera footage from a nearby business that demonstrates what really happened.


    Bicycle Accident Attorney In Iowa

    If you or a loved one were injured in a bicycle accident in Iowa, you need an experienced personal injury attorney to fight for you. Call Shawn Smith today to schedule a consultation. Contact the Smith Law Firm, PC online, or call (515) 451-1260.


  • Damages

    Damages in a Personal Injury Accident


    Damages in a personal injury case are the amount of compensation awarded to an injured person (or plaintiff). This includes any type of personal injury accident, including car accident, slip and fall injury, dog bite, or other injury accidents. Damages are generally grouped as economic and general, and in some cases, the plaintiff may be able to claim punitive damages.


    Economic Damages In Iowa Personal Injury Cases

    Economic damages are also called “special damages.” Economic damages are calculated based on the exact cost of treatment the plaintiff received and money lost or spent by the plaintiff as a result of the accident.


    Medical Bills And Prescription Costs

    Plaintiffs in a personal injury case can request compensation for all medical bills and rehabilitation costs even if the treatment was paid for by the plaintiff’s health insurance. Plaintiffs can receive compensation for the cost of prescriptions and items like crutches needed to assist the plaintiff during their recovery.


    Property Damage

    Personal injury claimants can request compensation for any property damage associated with their claim. The most common example is the property damage is the cost of car repairs after a motor vehicle accident. Plaintiffs may also be compensated for personal items which were broken or damaged during an accident such as eyeglasses.


    Lost Wages

    Plaintiffs are entitled to receive compensation for lost wages. Many people miss several days or weeks of work following an accident. Plaintiffs can request compensation for work missed while they are attending doctor visits and physical therapy.


    Damages For Future Economic Losses

    If an injury is serious enough to cause disability, a plaintiff may be able to claim damages for future economic losses for further medical treatment and projected lost wages.


    Future economic loss for lost income is based on the plaintiff’s prior education, work experience and the job that they held when the accident occurred. If the plaintiff was permanently disabled and is no longer able to perform any job at all, the plaintiff may ask for damages equivalent to what they would have likely earned during the rest of their career until retirement.


    If the plaintiff can still work but cannot do the type of job that they did before, the plaintiff may ask for damages for the difference between what they could have earned if the accident had never occurred and the amount that they will likely earn until retirement.


    Non-Economic Damages

    Non-economic damages are also called general damages. These are damages which not associated with a dollar amount—pain and suffering, for example. Non-economic damages are more difficult to calculate because they can be subjective.


    Pain & Suffering

    Damages for pain and suffering are based on the pain the plaintiff had to go through as a result of the accident. Pain is subjective and affects individuals differently, but damages for pain are generally based on the severity of an injury and time spent recovering.


    Loss of Enjoyment

    If a plaintiff is no longer able to do activities that he or she once enjoyed like participating in sports and other hobbies, the plaintiff may be able to claim damages for loss of enjoyment. Loss of future enjoyment of life claims involve injuries that are serious enough to limit the plaintiff’s activities in the future.


    Emotional Distress

    If a plaintiff has suffered emotional distress as a result of an accident, this sometimes falls into the category of both economic and non-economic damages. For example, if a plaintiff needed to see a therapist after an accident for increased anxiety, their claim would include medical bills and non-economic damages for emotional distress.


    In cases that involve permanent disfigurement as a result of an accident such as facial scarring or the loss of a limb, the plaintiff may be able to claim damages for emotional distress.


    Loss Of Consortium

    In some cases, the plaintiff’s spouse can file a claim for loss of consortium. Damages for loss of consortium may appropriate when the plaintiff’s injuries interfere with their relationship with his or her spouse. The spouse may be entitled to file their own claim based on loss of consortium, but the claim is often filed along with the accident victim’s lawsuit.


    Punitive Damages

    Punitive damages are not usually available in a simple negligence case. Punitive damages are only available when the defendant’s conduct was especially egregious. It may be possible to recover punitive damages in cases involving drunk or exceedingly careless drivers and cases that involve an injury that was inflicted by the defendant intentionally. 


    What Should I Do If I Was Involved In An Accident In Iowa?

    If you have been injured in a car accident, call Shawn Smith today to schedule a consultation. It is important to contact an attorney as soon as possible after a car accident so that important evidence is not lost and your attorney can start working on your case right away. Contact the Smith Law Firm, PC using our online form or call (515) 451-1260.

  • Dog Bites

    Iowa Dog Bites Injury Attorney


    Dog bites cause serious injuries every year in Iowa. Dog bites are especially dangerous for young children who may be unaware of the dangers of dog bites while interacting with an animal. The proximity of a small child’s face to the jaws of a large dog makes children especially at risk for head and facial injuries. The owner of a dog may be held liable for damages caused by dog bite injuries, especially if the owner knew that the dog had a propensity for viciousness.


    Strict Liability Laws For Dog Bites In Iowa

    Strict liability laws are intended to protect dog bite victims regardless of whether or not the owner of the dog was negligent. This means that in most cases, dog owners are considered liable regardless of their conduct. If a dog escapes from its leash, for example, the steps an owner took to try to prevent the dog from running away will not bar a claim for damages if the dog bites another person. Some states follow the “one bite” rule which means that a dog owner can avoid liability if they did not know about a dog’s dangerous tendencies.


    Iowa does not follow the “one bite” rule–dog owners are held strictly liable for damages caused by dog bites. Liability for dog owners is codified in § 351.28 of the Iowa Code. An exception to strict liability in Iowa is criminal conduct on the part of the victim which directly contributed to the injury.


    For example, if the dog bite victim was trespassing on the dog owner’s land when bitten, the owner will usually not be held liable because the person bitten was committing a crime by trespassing, and the criminal conduct directly contributed to the injury. If the bite victim was provoking a dog until it attacked and their conduct met the elements of a charge of animal cruelty, this is another example of a criminal act which could prohibit the victim from recovering damages in a civil lawsuit.


    Dog owners are expected to keep enclosures safe so that small children cannot enter the property. If a dog bite case involves a young child, a court may consider whether the owner of the land knew or should have known that children would be able to enter the property and whether or not the child was too young to understand that they were trespassing. Whether or not an exception applies will depend on the facts of the case.


    Talk to an experienced Iowa personal injury attorney to discuss your rights to claim damages after a dog bite injury.


    Are Dog Bite Injuries Covered By Insurance?

    Many dog bite injuries are covered by insurance. Homeowners insurance umbrella policies will usually cover dog bites that happen on the owner’s property. Some policies will even cover dog bites that did not occur on the owner’s property. Whether or not an insurance policy covers dog bites will depend on the specific language contained in the policy. Some insurance policies will only cover one incident by the same dog. If a dog owner ignores a dog’s dangerous tendencies, many policies explicitly state that they will not cover further damages.


    Some people worry that they will cause hurt feelings if they sue a friend or family member because of a dog bite. Filing a claim does not mean that the plaintiff is trying to take the defendant’s personal assets. Compensation in a civil lawsuit is intended to put the plaintiff back into the position that they would have been if the incident had never happened. Costs including legal fees are often fully covered by insurance.


    Many people also worry that their friend or family member will lose their family pet if they file a cause of action. Plaintiffs do not need to be concerned that a dog will be put down if they file a claim because there is no connection between filing a civil case to sue for damages and enforcement of local ordinances that require vicious dogs to be put to sleep.


    Landlords will generally not be responsible for their tenant’s pets causing harm unless it can be proven that the landlord was negligent and that the negligence contributed to the incident. Many renters insurance policies will cover many different types of claims, including dog bites. Some types of pet insurance cover dog bites.


    Homeowners insurance when available will usually cover damages associated with a dog bite including medical bills and property damage. Any damages in excess of the policy limits will be the responsibility of the homeowner. Victims of dog bite injuries will typically claim damages for immediate medical treatment as well as the cost of any rehabilitation and follow-up treatment. Some victims may suffer from permanent facial scarring and may make a claim for emotional damages.


    What Should I Do If I Was Bitten By A Dog In Iowa?

    If you or a loved one has been bitten by a vicious dog, you should contact an attorney after getting immediate medical treatment. Call Shawn Smith today to schedule a consultation. Contact the Smith Law Firm, PC online or call (515) 451-1260.

  • Motorcycle Accidents

    Iowa Motorcycle Accidents Attorney


    Even the most careful motorcycle driver faces the risk that an accident will be caused by another driver’s negligence. A person who has been involved in a motorcycle accident may be able to file a claim for damages related to injuries and property damage. Talk to an experienced Iowa personal injury lawyer if you have been injured in a motorcycle accident.


    Causes Of Motorcycle Accidents

    Some of the most common causes of motorcycle accidents are inattentive or impaired driving, adverse weather conditions and failure to obey traffic signals.


    Inattentive Drivers

    Most people are aware of the dangers of inattentive driving, but many people still continue dangerous behaviors such as texting and driving. Any source of distraction such as a pet or child in the vehicle that causes the driver to take their eyes off the road for only a few seconds can cause an accident.


    Driving While Impaired

    Drunk or drugged driving is a common cause of motorcycle accidents. A person should never drive a motorcycle while impaired. Alcohol and drugs can slow a person’s reaction time making it difficult to stop or swerve to avoid an accident.


    Foggy Or Rainy Weather Conditions

    Foggy or rainy conditions can cause accidents because they reduce driver visibility. Motorcyclists are already at a disadvantage when it comes to visibility because of a motorcycle’s size compared to a car. Drivers who fail to take into account rainy weather conditions by driving too fast risk causing an accident when they attempt to brake and hydroplane.


    Snow And Ice

    Snow and ice are another major cause of motorcycle accidents. It is usually best for drivers to stay off the road if at all possible during winter weather conditions. Roads can go from being safe to drive on to slippery and dangerous very quickly.


    Failure To Obey Traffic Signals

    Failing to obey traffic signals puts drivers at risk for an accident. Many serious accidents occur in intersections after one driver ignored a stop sign or drove through a stop light.


    Common Motorcycle Accident Injuries

    Motorcycle accidents are a common cause of serious injuries. Motorcycle accidents often result in the following types of injuries:


    Head injuries

    Spinal cord injuries

    Road rash

    Soft tissue damage

    Sprains and strains

    Fractured limbs

    Iowa is one of the few states that does not have a motorcycle helmet law. Head injuries from a motorcycle accident are usually serious and often fatal. The good news is that in a personal injury claim, the other driver cannot argue that a person riding a motorcycle did anything illegal to contribute to their injury by not wearing a helmet. However, they may still try to argue that the driver of the motorcycle failed to use reasonable care.


    The degree of impairment after a spinal cord injury depends on the location of the injury. Sometimes a person suffers a fracture of the bones in their spine but does not suffer any spinal cord damage. If the spinal cord is damaged, paralysis may be partial or complete depending on whether or not the spinal cord was completely severed. If the spinal cord was bruised instead of severed, paralysis may be temporary.


    Road rash occurs when a person’s skin has contact with the road. Many motorcycle riders wear leather not only for fashion reasons and to protect themselves against the weather but also because it serves as a barrier between the pavement and a person’s skin in case of an accident.


    Soft tissue damage includes bruises and contusions. Severe bruising can sometimes be as painful as a fracture. At the emergency room, doctors almost always order an x-ray if a person complains about pain after an accident to rule out fractures.


    Sprains and strains occur when a person’s muscles or ligaments are stretched or torn by physical trauma. Most people fully recover from sprains or strains. If you are involved in an accident, it is important not to assume that your injury is “just a sprain” since many people do not feel the full extent of their injuries right after a crash.


    Fractured limbs are more common in motorcycle accidents than car accidents since the injuries from a motorcycle accident tend to be more serious. A serious fracture may require surgery and rehabilitation.


    What To Do After A Motorcycle Accident

    The first thing you should do after a motorcycle accident is to stay calm and assess the situation. The top priority should be to get medical attention for anyone who has been injured. If you are confronted by an angry driver, avoid confrontation until help arrives. If a driver tries to flee the scene, try to get their license plate number or take a photo of their vehicle to capture this information.


    As soon as possible, contact emergency services or ask someone to call if you have been injured. If you call 911, a dispatcher can send an ambulance and police to your location. The local fire department is often dispatched to serious accidents to prevent or extinguish fires and help rescue anyone who has been trapped in a wrecked vehicle.


    If no medical attention is necessary after a minor accident, you should contact the police to report the accident. It is a good idea to ask any witnesses who saw what happened to stay until the police arrive and get their contact information if possible in case you need it later.


    If possible, take photos of the scene. Take more photos than you think you need, and make sure to capture anything that may be relevant including the weather conditions, signs indicating the speed limit, damage to any vehicles, and individuals present at the scene of the accident.


    Hiring An Iowa Motorcycle Accident Lawyer

    If you or a loved one were injured in a motorcycle accident in Iowa, you need an experienced personal injury attorney to fight for you. Call Shawn Smith today to schedule a consultation. Contact the Smith Law Firm, PC online or call (515) 451-1260.

  • Pedestrian Accidents

    Iowa Pedestrian Accident Attorney


    When a pedestrian is hit by a vehicle, the resulting injuries are usually severe. These injuries can be costly for the accident victim. A pedestrian involved in an accident with a car may be able to file a claim for damages for medical bills, lost wages, rehabilitation costs, and pain and suffering.


    Types Of Injuries Sustained In Pedestrian Vs. Motor Vehicle Accidents

    Pedestrian accidents can cause life-changing injuries, including the following:


    Traumatic brain injuries

    Spinal cord injuries

    Soft tissue damage

    Cuts and scrapes

    Bone fractures

    Pedestrian accidents account for many car accident fatalities every year. Pedestrians may sustain serious injuries even if they were hit by a car at low speeds.


    Causes Of Pedestrian Accidents

    Common causes of car versus pedestrian accidents include the following:


    Inattentive drivers

    Fatigued drivers

    Failure to obey traffic signals

    Speeding

    Driving unsafely for conditions

    What Should I Do If I Am Hit By A Vehicle As A Pedestrian?

    The first thing you should do if you are hit by a vehicle is to seek immediate medical attention. Many people do not realize how seriously they have been injured after an accident due to shock. It is best not to try to move while waiting for emergency services unless you absolutely must to get out of the way of traffic since this could make your injuries worse.


    Next, you should file a police report. A police report is necessary to file a claim later. If the driver flees the scene of the accident, get their license plate number if possible but do not rely on your own memory or witness statements to identify the driver. It is best to have police dispatched to the scene of the accident to record the conditions at the time of the accident. If you did not have police investigate the accident at the scene, you should still file a report within 24 hours.


    You should next contact an attorney. It is best to contact a lawyer before making a statement to anyone about the accident (other than filing a police report). If the driver’s insurance company contacts you to request a statement, give them your attorney’s contact information and suggest that they contact your attorney.


    What If The Driver Says The Accident Was My Fault?

    It is common for drivers to dispute liability when they hit a pedestrian by claiming that the pedestrian was not inside a crosswalk, disregarded traffic signals or walked out in front of them before they had time to stop. Drivers are expected to maintain awareness at all times of anyone who might attempt to cross the street. If the driver had time to stop and avoid a pedestrian but failed to do so or could not do so because they were speeding, the driver was negligent even if the pedestrian was not crossing the street at a crosswalk.


    Note that Iowa recognizes a doctrine known as comparative fault, so if you are found partially at fault for an accident, any award of compensation may be reduced by the percentage you were at fault. The issue of liability and assignment of fault is a question for a fact-finder (usually a jury) to decide. If you are found 51 percent or more at fault, you will not be able to recover damages.


    Pedestrian Accident Lawyer In Iowa

    If you or a loved one were injured in a pedestrian accident in Iowa, you need an experienced personal injury attorney to fight for you. Call Shawn Smith today to schedule a consultation. Contact the Smith Law Firm, PC online, or call (515) 451-1260.

  • Slip & Fall

    Iowa Slip & Fall Injury Attorney


    Slips, trips, and falls cause many injuries every year in Iowa. Many of these injuries are minor but some can be life-threatening, particularly if a person injures their head or spinal cord during the fall. A person who has been injured in a slip and fall accident may be able to file a claim against the owner of the premises where the fall occurred for damages. Some of the most common causes of slip and fall accidents include the following:

    Loose carpeting

    Broken flooring

    Obstacles in hazardous areas such as stairs

    Liquid or food spills

    Snow and ice

    A plaintiff in a slip and fall accident must prove that the defendant breached the duty of care owed to the plaintiff at the time the accident occurred to prevail in a claim against the defendant for damages. The duty of care owed to the plaintiff will depend on the type of guest the plaintiff was at the time of the accident as well as the type of premises. A business that is open to the public owes a greater duty of care to a business guest who tripped in a public place than a homeowner does to a guest.


    Business Invitees

    Business owners are responsible for making areas safe for the public. This includes cleaning up spills and removing obstacles such as loose carpeting or wires which could cause a trip or fall accident. The plaintiff does not need to demonstrate that the business owner was negligent by creating the dangerous condition such as a spill, only that the owner or the employees failed to use reasonable care to make the area safe for guests.


    Whether or not a business owner exercised reasonable care may depend on whether or not the employees working at the place of business had a chance to prevent an accident. Business owners may claim that there was no chance to clean up a fresh spill and allege that they should not be held liable because their employees could not have prevented the accident.


    Luckily, most businesses that are open to the public have many cameras operating at various angles during business hours to record thefts as well as accidents. It is important to contact an attorney as soon as possible after a slip and fall accident so that the attorney can request that this type of evidence be preserved. Some camera systems erase footage after a period of time, sometimes as little as 30 days. A letter from an attorney may prevent crucial evidence from being destroyed.


    If a business guest was trespassing in an area that was not open to the public, their right to recover damages for their injuries may be affected. For example, if there were signs in the area that advised members of the public not to enter an area due to dangers, a business owner may be able to defend the claim by arguing that the plaintiff assumed the risk of danger by ignoring warnings. Landowners must not knowingly create hidden hazardous conditions for trespassers.


    Household Guests

    Homeowners do not have to keep their homes free from obvious hazards but must disclose hidden dangers to guests. For example, if there is a known danger of a hole at the bottom of basement stairs where lighting will make the hole difficult to see, a homeowner has a duty to disclose the risk if a guest enters the area. A homeowner does not have to disclose the danger of obstacles a guest should be able to observe like a child’s toy’s in the middle of the floor.


    Slip And Fall Accidents On Ice Or Snow

    Many slip and fall accidents occur during winter weather conditions. Many business owners have a contract with a snow and ice removal company to keep all walkways, parking lots and other areas where members of the public are likely to walk cleared. Usually, the contract with a snow and ice removal company specifies who will be held liable in the event of an accident. Claims related to snow and ice are often covered by insurance carried by the landowner or the ice removal company.


    Claims Against The Government

    When a government entity is sued, the government may claim “sovereign immunity” as part of its defense. Government entities include police and fire departments, schools and political organizations. Sovereign immunity traditionally freed state agencies from liability in a lawsuit. There are many exceptions to sovereign immunity. Government agencies such as the Iowa State University may waive sovereign immunity. Sovereign immunity may not apply in cases where a dangerous condition on public property caused an injury.


    Contact A Slip And Fall Personal Injury Attorney In Iowa

    If you or a loved one were injured in a slip and fall accident in Iowa, you need an experienced personal injury attorney to fight for you. Call Shawn Smith today to schedule a consultation. Contact the Smith Law Firm, PC online, or call (515) 451-1260.

  • Trucking Accidents

    Iowa Trucking Accidents Attorney


    Truck accidents cause serious injuries and fatalities in Iowa every year. If you have been injured in a trucking accident, contact Iowa personal injury attorney Shawn Smith about filing a claim for compensation.


    Causes Of Truck Accidents

    Truck drivers must abide by strict regulations regarding equipment maintenance and service hours. However, sometimes truck drivers fail to abide by these regulations or act negligently by failing to use reasonable care. Following are some of the most common causes of trucking accidents:


    Fatigued Drivers

    Fatigued driving is one of the top contributors to trucking accidents. Many truck drivers work long hours and may be asked to work shifts overnight. When a truck driver is switched to a different shift, the risk for a fatigue-related accident increases, even for workers who are switched from a night shift to the day shift.


    Inattentive Driving

    Truck drivers may become distracted while driving just like anyone else. Many trucking fleets are utilizing software to prevent drivers from using cell phones while driving except to look up directions and receive hours-of-service alerts. Inattentive drivers can cause accidents by taking their eyes off the road for mere seconds.


    Intoxication

    Despite efforts to reduce drunk driving, it is still a common cause of trucking accidents. Drivers who are under the legal limit but who have a blood alcohol content (BAC) above zero are at a greater risk of being involved in a fatal accident than drivers who have not had anything to drink. Truck drivers can be charged with driving while intoxicated if their BAC level is 0.04 or above.


    Speeding

    The federal government limits the time that truckers spend on the road before they must take a break. To make up for lost time, many truck drivers are tempted to increase their speeds. This increases the risk of a serious accident.


    Trucking Company Liability

    Whether or not a trucking company or other business will be held responsible for an accident will depend on whether a truck driver was an employee or an independent contractor. Independent contractors will usually need to carry their own insurance policies and be responsible for damages for any accidents. A company cannot avoid liability by calling a worker and who is truly an employee an independent contractor. Courts will look at factors such as whether the driver owned the truck or furnished other materials and how the worker was compensated.


    If the truck driver is an employee engaged in work activities, the company that owns the truck may be held liable for any damages. Insurance policies for commercial vehicles usually have significantly higher limits than the limits required by state law for regular drivers. Commercial truck insurance policies typically have a limit for damages per person involved in an accident and a limit for the entire accident. Some policies have umbrella coverage which can cover serious accidents when damages are extensive.


    Some commercial drivers who are involved in an accident will not be covered by their company’s insurance. If the driver was driving a vehicle outside the scope of their assigned work duties or running personal errands, vicarious liability of their employer may not apply.


    When a driver fails to abide by their employer’s policies by texting while driving or disregarding hours-of-service rules, this will not shield a company from liability. In fact, if the employer knew or should have known that a driver was acting negligently or engaging in prohibited behaviors, this is additional proof that the company could have prevented an accident and should be held liable.


    Truck Driver Liability

    A truck driver will be held liable for damages related to an accident if they were found at least partially at fault for the accident and were either an independent contractor or were not engaged in work-related activities. Courts look at multiple factors to determine whether or not a driver was traveling for work purposes since a small detour from their travel plans will not indemnify the company they were working for from liability for an accident.


    Businesses are not ordinarily responsible for the intentional wrongful conduct of their employees. It is rare for a driver to intentionally cause an accident, but when this occurs, the driver will usually be held liable for any injuries.


    Benefits Of Hiring An Experienced Attorney

    If you have been injured in a trucking accident, it is a good idea to hire an experienced personal injury attorney. It is very difficult to know what your case is worth without a lawyer’s advice. If you try to settle a personal injury claim yourself, the insurance company is likely to try to deny you full compensation for your injuries. An attorney can handle all negotiations regarding a potential settlement, which can save you considerable time and stress. You can focus on recovering from the accident while your attorney works on getting you compensation for all damages.


    Insurance companies will usually look for any reason that they can to deny your claim. Iowa is a comparative negligence state which means that any award of damages can be reduced by the percentage the plaintiff was at fault for an accident. An attorney can fight for compensation for injured truck accident victims by building a case that demonstrates that the other side was at fault for the accident.


    Trucking Accident Attorney In Iowa

    If you or a loved one were injured in a trucking accident in Iowa, you need an experienced personal injury attorney to fight for you. Call Shawn Smith today to schedule a consultation. Contact the Smith Law Firm, PC online, or call (515) 451-1260.

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