Trucking Accidents

Resolving Trucking Accidents serving
Council Bluffs, IA and Omaha, NE

Council Bluffs Truck Accident Lawyer

We Handle Injury Cases In Iowa & Nebraska

If you or someone you care about has been injured in a truck accident, there are important and immediate steps you can take to protect your rights and maximize your recovery. At Law Offices of Gallner & Pattermann, P.C., we encourage clients to seek legal help from our firm as soon as possible after truck accidents. Trucking companies and their insurers employ many investigators and lawyers to help them find reasons to reject claims. You need someone who has your back.

types of Truck accidents

Our firm can assist anyone injured in the following types of accidents:

  • Rollover: Because tractor-trailers are long and thin, they are prone to rolling on their side. Some common causes include improperly balanced cargo or a driver taking a turn while driving uphill or downhill. When a truck rolls over, it can crush any nearby vehicles. 
  • Jackknife: A tractor-trailer is prone to jackknife because of the truck’s design. The long trailer is attached to the cab at a joint called the coupling. This joint allows the trailer to swing freely, and it sometimes swings at a 90-degree angle, causing a jackknife. Nearby motorists can be swiped off the road. 
  • Override: When a truck can’t stop in time, it might ride up onto and over the vehicle stopped in front of it. Passengers in small sedans could easily be killed. 
  • Underride: With this type of accident, a smaller vehicle slides under the side or back of the trailer and gets stuck there. Underride accidents often peel off the top of the car, exposing occupants to potentially fatal head injuries.
  • Flying Debris: Debris can come flying off all sorts of trucks, such as dump trucks or even moving vans if a door pops open. The debris can strike vehicles or cause motorists to swerve, leading to pinball collisions. 
  • Tire Blowout: Trucks put heavy stress on tires, which blowout with alarming frequency. A trucker can struggle to stop or gain control of a truck with a blown tire.
 
These are some of the accidents we see most often. Regardless of the specific facts of your case, contact an attorney to review.  

Why accidents happen

The trucking industry is heavily regulated. Nevertheless, accidents happen quite frequently, and they have many causes. Some of the more common involve trucker negligence or error, such as:

  • Driving too fast for conditions
  • Driver confusion
  • Texting and driving
  • Driver intoxication
  • Failure to yield
  • Failure to check blind spots
  • Fatigue
 
A motorist might not know what caused the accident, which is okay. All you need to do is contact a Council Bluffs trucking accident attorney who can perform an investigation to unearth what caused the crash. 

Other accidents are caused by a truck defect, like brakes or tires that suddenly fail due to a faulty design or poor manufacturing. Other accidents stem from poor maintenance or even problems with how cargo is loaded in the truck.

We represent both civilian drivers and truckers against third-party companies

Our firm has  represented both trucking professionals and members of the public who have been injured in truck accidents. This broad experience allows us to fully represent our client’s interests in any lawsuit.

helping injured civilian drivers

Members of the public face many challenges to receiving compensation. One problem is identifying why the accident happened. Ultimately, we need to analyze the crash to assign fault. If a person or entity is at fault, then they should pay compensation to cover the full cost of your injuries. 

Civilians tend to ride in smaller, lighter cars and SUVs. Consequently, they can suffer devastating injuries following a truck accident. These accidents can cause lifetime impairments or disfigurement, which can make a return to normal life difficult. Some accidents are so serious that civilians are permanently disabled and suffering from constant pain. 

who civilians can sue

Anyone injured in a truck accident should meet with an attorney to discuss bringing a claim. Compensation is warranted when someone has injured you negligently or recklessly. 

Once civilians identify who is at fault, they can submit a claim for compensation or file a lawsuit. In our experience, we tend to name the following as defendants:

  • The Truck Driver: If the driver made some mistake driving – say, using a cell phone illegally or driving while fatigued – then we can sue them. Of course, the driver might not personally have much compensation to pay a settlement, so we don’t stop there. 
  • The Trucking Company: In both Nebraska and Iowa, employers are automatically liable if their employees negligently injured someone while working. Helpfully, employers often have larger insurance policies to cover a settlement. Sometimes, a trucking company might have independent liability for the accident, such as failing to perform necessary background or drug tests on drivers. 
  • Mechanics: Any mechanic who does shoddy work could be legally liable if the truck malfunctions. For example, a mechanic might fail to see a tire was underinflated, so they don’t put some air in. If the tire bursts, then the mechanic is partially responsible. 
  • Truck Manufacturers: Some trucks on the road have defects in design or manufacture, which makes them dangerous as soon as they leave the manufacturing plant. If the defect causes a crash, then the manufacturer is liable. 
  • Loading Companies: Unbalanced or unsecured load can make a truck dangerous. The company which loaded the cargo could be on the hook for compensation.  

Evidence in truck accident cases

Many injured civilians quickly feel overwhelmed in the weeks following an accident. They are struggling to get well and spend most of their days meeting with doctors, specialists, and physical therapists. Because rehabbing an injury feels like a full-time job, they don’t have much time to dedicate to the legal side of their case. 

That’s where we come in. Our legal team can represent clients from start to finish. We begin getting to work right away to fully understand how the accident happened. We can talk to witnesses, inspect all vehicles involved, and even visit the accident scene. 

Clients benefit from our experience in these types of cases. Truck accidents are very different from regular car wrecks, and you deserve a lawyer who can see the differences. For example, truck accidents involve different evidence. 

Did you know that most modern commercial vehicles are outfitted with electronic monitoring systems? These devices contain a wealth of information about the truck leading up to the crash. We can find out how long the truck was in motion and whether the driver braked before hitting you. This information often serves as the foundation of a legal claim to show how the wreck occurred. 

Our lawyers know how to preserve this and other helpful evidence after an accident. You can then focus on getting better. 

Settlement negotiations

It is entirely possible to avoid a lawsuit. Trucking companies and their insurers have an incentive to settle any claim against them. Other possible defendants (like manufacturers) have the same incentive. 

In our experience, few truck accident cases go to trial. Nevertheless, we always negotiate realizing that a trial might be the best result. If a defendant cannot offer fair compensation, then filing a lawsuit in court might be the only step to take. 

A fair settlement should cover your medical bills, property damage, lost income, and pain and suffering. If an insurer or trucking company reaches out to you, please avoid accepting the first offer made. It is rarely fair or in your best interest to take it. 

helping injured Truckers

There are many state and federal laws regulating how long a truck driver can operate their vehicle in one sitting. Trucks can do a lot of damage to an average car and the people inside, and truck drivers who drive for too long are more prone to making mistakes. This is why it is imperative truck drivers adhere to the laws.

Federal trucking regulations state that:

  • Truckers cannot work more than 70 hours in 7 consecutive days
  • Truckers who drive 70 hours a week must rest for 34 consecutive hours
  • Truckers can only drive 11 hours a day in a 14-hour work day
  • Truckers must take 10 hours off duty after an 11-hour driving session
  • Truckers transporting hazardous materials must be hazmat certified
  • Truckers must pass a physical exam every 2 years
  • Truckers cannot consume alcohol or mind-altering medications for up to 8 hours before driving
 

Unfortunately, many employers incentivize truck drivers to break these rules by offering bonuses for deliveries made before the deadline. Additionally, some truck drivers will not receive payment until the delivery is made, further encouraging them to break the rules. Trucking companies are often the ones who will be paying compensation when their drivers get into an accident. Investigating how they treat their employees could be beneficial to your case.

On March 13, 2020, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration that temporarily lifts hours-of-service regulations for truck drivers transporting certain goods and personnel directly connected with coronavirus relief. Less than a week later, on March 18, the FMCSA expanded the suspension to include additional truck drivers transporting items not initially included in the original emergency declaration.

Currently (as of April 16, 2020) the temporary suspension of hours-of-service regulations affects drivers transporting:

  • Medical equipment, testing kits, and other supplies needed for COVID-19 diagnosis and treatment
  • Supplies related to the prevention of viral infection
  • Food, paper goods, and other items needed for emergency re-stocking
  • Fuel
  • Certain raw materials, including alcohol, paper, plastic, etc.
  • Personnel and items needed for quarantine and/or temporary housing
  • Personnel needed to provide medical services and other necessary services related to the current health crisis
 

While the temporary suspension of federal hours-of-service regulations allows truck drivers to transport goods and personnel to hard-hit areas, it also places truck drivers at a heightened risk of being involved in accidents. At Law Offices of Gallner & Pattermann, P.C., we provide dedicated legal representation to those involved in devastating truck accidents, including truck drivers.

Our firm represents people who have been injured in truck accidents as well as truckers who have been injured in on-the-job truck accidents. Our firm’s experience helping injured truckers with workers’ compensation claims also includes third-party liability claims involving truck accidents.

We have seen third party claims sustained against all sorts of entities, including: 

  • Other motorists on the road, who might have crashed into the truck or forced it off the road. 
  • Truck manufacturers, when a defect contributes to the accident. 

A third-party claim helps injured workers fill in the gaps created by the workers’ compensation system. Specifically, workers’ comp benefits do not fully replace all lost wages and benefits, so a lawsuit might be necessary. 

In some situations, the selection of jurisdiction is an important component in maximizing compensation. For instance, if you have been injured in a state other than Iowa or Nebraska but are a resident of Iowa, we will determine which jurisdiction is most beneficial for you. Each state has a different calculation of benefits and different ways of handling medical issues. We do this as part of our client-oriented approach to ensure our clients receive fair compensation for their injuries.

Speak With An Attorney

Our truck accident attorney in Council Bluffs has represented injury victims throughout Iowa and Nebraska. It is important to start building your case not long after the accident. The faster the investigation begins, the more evidence can be gathered to justify your injury claim. After a few months or even weeks, evidence can easily start to disappear.

Call our firm today at (712) 323-0999 to arrange a free consultation with experienced Council Bluffs truck accident attorneys who will fight for the compensation you deserve.

We Represent Both Civilian Drivers And Truckers Against Third-Party Companies

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