Heavy goods vehicle and semi-truck accidents often lead to serious injuries for those involved and can bring complicated compensation claims in the aftermath. How do Iowa negligence rules apply in these cases, and who pays for a truck accident in Iowa? Here is a brief guide to fault and liability in Iowa semi truck accident cases.
Fault and Damages in an Iowa Truck Accident Case: Who Pays?
Put simply, the most at-fault party is liable for damages in a truck accident accident- and their insurance company must pay for any damages (assuming they are properly insured). Victims can document their injuries, expenses, and other damaging consequences of the accident in an insurance claim.
It is worth noting that punitive damages may also be applied during a lawsuit if the court finds it necessary. Punitive damages are designed to punish the defendant for their negligence, and they are usually responsible for paying this themselves.
Who May Be At Fault in an Iowa Semi Truck Accident?
As mentioned, whoever holds responsibility for the accident is liable for damages, which their insurance company will pay- but how is fault determined?
Iowa negligence rules are fairly straightforward. Consider these questions:
Who owed a duty of care to the victim?
Who breached their duty of care?
Who's negligent actions lead to an accident?
Who could have reasonably and safely avoided causing an accident?
In most cases, whatever party is the answer to these questions is at fault. All road users have a duty of care to one another. If they break road rules, they have breached that duty, but their actions need to be connected to the cause. Various parties may be at fault (or partially at fault) for an Iowa truck accident.
Truck Drivers
The first party that may be at fault in a car accident involving a large commercial vehicle is the truck driver. If they break road rules, drive dangerously or recklessly in some way, or fail to adhere to safety standards, they could cause a crash.
In many cases, the at-fault driver is covered by the company's insurance- so any claim would be made against the trucking company, which would be responsible for the pay out.
However, circumstances may mean the driver is financially responsible- in which case the claim for any medical expenses and other damages would be made against the individuals. This usually applies, for example, if they were operating the vehicle outside of their working hours or if they are found guilty of any sort of dangerous driving.
Trucking Companies
Every trucking company has some level of responsibility for an accident that involves one of their vehicles. That said, they may be financially and legally at fault if the accident happens because of their actions. Some examples include overscheduling drivers, putting unsafe vehicles on the road, and having insufficient vetting processes for drivers.
Other Parties
Not all car accidents involving trucks have anything to do with the truck itself. Some accidents are caused by another motor vehicle operator- or because of poor maintenance on the road. In some cases, multiple parties are partially to blame.
Understanding Compensation in an Iowa Truck Accident Claim
Iowa law follows comparative negligence rules. This means that people can file a claim or lawsuit and receive compensation after a truck accident even if they are partially to blame. The total compensation is then reduced accordingly. The law can also explain who pays for a motorcycle accident in Iowa.
If the other driver is, for example, 25% at fault, the total monetary damages owed are reduced by 25%. As long as the other party is more than 50% to blame, a claim can be made.
In Iowa, damages are divided into two categories: economic damages and non-economic damages. Economic damages are the out-of-pocket expenses that come with receipts and monetary amounts.
These include:
Medical bills
Lost wages
Property Damage
The cost of ongoing medical treatment
Necessary adaptations to home life following an injury
Non-economic damages are the things that don't come with receipts but are costly in a different way. They look at the pain and suffering caused and the lasting impact on victims and their families.
Some of the non-economic damages a truck accident victim may claim include:
Loss of quality of life
Permanent disability
Wrongful Death
Reduced earning potential
Disfigurement
Emotional trauma
Settlement amounts for non-economic damages are negotiated based on each individual case, but there is a limit. The State of Iowa has a limit of $5 million for non-economic damages in car accidents involving commercial vehicles such as semi-trucks.
Compensation is limited to help minimize the employer's liability. There are, however, exceptions- which are generally connected to the truck driver committing a felony offense while driving or breaking certain driving safety rules.
Claiming Against an Insurance Company After an Iowa Truck Accident
Working with an experienced truck accident attorney in Des Moines is the best way to ensure the at-fault party and responsible insurance adjusters pay a fair settlement to the victims. Insurance companies may be liable for accidents caused by truck companies and their employees, but they don't want to pay what they should.
Negotiations can be difficult and drawn out, so it pays to have an expert on the front line to avoid complications. Truck companies usually have powerful legal teams, and will look for any way to reduce their liability and pay victims less. Tom Fowler Law can weigh in on who pays for a car accident in Iowa.
Find a Personal Injury Attorney that Cares about Your Case at Tom Fowler Law
The legal team at Tom Fowler Law is dedicated to winning justice and fair compensation for truck accident victims in Iowa. If you have been involved in a collision with a truck or other commercial vehicle, you could claim damages from their insurance company- but you need a relentless and reliable team to guide you through.
Call us today to arrange a free consultation and start your journey to justice.
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