In the blink of an eye, your life changes after a sudden crash. As you open your eyes and check your injuries, you realize the collision involved a commercial vehicle. Because these drivers are often working for large corporations or government entities, determining who is responsible for your medical bills and vehicle repairs requires looking beyond the driver’s seat.
Holding a truck driver liable
Under the legal doctrine of respondeat superior, Iowa employers can be liable for the negligence of their employees who are on duty. You may file a personal injury claim against the company’s insurance policy, but understand that your payout depends on the state’s modified comparative fault system.
You can recover compensation as long as you are not more than 50% responsible for the crash. However, your total payout is reduced by your percentage of fault. It is important to note that you must act quickly, as the statute of limitations for personal injury claims is two years from the accident.
Declaring a government entity responsible
The landscape shifts for accidents involving government vehicles. If a city-owned bus hits you while crossing the street, you can sue for driver negligence.
To sue a government entity, you may need to first file an administrative claim with the State Appeal Board or the relevant local body. These often have much shorter windows than the two-year lawsuit deadline. If your claim is against the State of Iowa, you generally cannot file a lawsuit until the State Appeal Board disposes of your claim or six months have passed since you filed your administrative claim.
Exercising your right to recover losses
Commercial drivers must exercise reasonable care at all times. Because they operate heavy vehicles, the reasonable standard often necessitates stricter safety protocols and adherence to federal regulations. Neglecting this expectation can make them liable for the damages they have caused.
If you are involved in an accident with a commercial driver, ensure to document the collision. Seek immediate medical attention to build a paper trail that connects your injuries to the incident. While you can face this alone, it would be wise to seek guidance from a personal injury attorney. They can offer advice on handling a trucking company’s insurance and drafting a Notice of Claim.