Iowa City, IA – Because trucks are large vehicles that can cause damage to many cars on the road at once, it is possible that several drivers may be involved in a highway accident. When this happens, rules related to Iowa’s comparative negligence laws can be utilized to divide costs between the truck driver and anyone else at fault. However, it can be complex in some situations to try to figure out damages attributed to each party. Therefore, legal advice from a personal injury lawyer is recommended when anyone is attempting to sue a trucking company.
Dividing fault between all drivers
Iowa’s comparative negligence laws allow fault for an accident and the associated costs to be divided between all parties involved. In practice, this means that multiple drivers involved in an accident may have to share the costs associated with a victim’s injuries. This doctrine is called comparative negligence. The only caveat to this shared concept of fault is that a plaintiff cannot collect from a defendant under Iowa law if their level of fault is greater. This protected people and businesses from having to pay someone who was mostly at fault for their own injuries.
Factors that can show a truck driver was negligent
In a practical sense, there are a number of things that a truck driver may do that can meet the legal definition of negligence. Their insurance provider will likely end up paying any damages awarded through a lawsuit or settlement if there is relevant coverage.
Overloaded or unsecured loads are a serious problem on trucks. This can cause the driver to lose control, or the trailer may turn over and spill the cargo onto a highway. The drivers are expected to observe proper weight limits and ensure that their cargo is properly loaded and secured.
Intoxicated driving is another problem that shows negligence. Drunk driving or using drugs while driving is illegal in every jurisdiction in the United States, including Iowa. Despite these laws, substance abuse is a serious problem among those who drive trucks for a living.
Violations of mandatory break and rest periods set by the Department of Transportation happen regularly. Fatigued driving is likely to cause a collision, and this is why the government has an interest in making sure drivers follow these guidelines and are not on the road for excessive hours.
Consultations for legal advice
Eells and Tronvold Law Offices is a firm that focuses on various kinds of injury lawsuits for clients in the Iowa City area. Their attorneys can meet with anyone who has been hurt during an initial consultation and recommend a course of action.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400