Legal Remedies for Families Affected by Catastrophic Truck Accidents

If your family has suffered a loss or a cascade of injuries from a collision with a truck, you are far from alone. According to the National Safety Council, 73% of those injured in truck accidents were not in the truck—they were in the other vehicles involved. Even when only one member of a family is in a truck accident, they can sustain injuries that impact multiple lives.

Naturally, this has to do with the massive size and limited maneuverability of commercial freight vehicles (CMVs). However, the freight industry has many moving parts—economic demands, contractor requirements, maintenance needs, and regulations. Neglect or failure in any one of them can result in a collision. All these factors can also make it more difficult for other drivers and passengers to get the recovery they need.

How can you move forward if you have lost someone close to you? What if they have survived with debilitating traumas, leaving the rest of you to fight on their behalf?

Injury Recovery Law in Iowa

Someone who has been injured in an Iowa truck has the right to recover for injuries from the other parties involved—if those other parties were more at fault for the accident than they were.

Iowa state law follows the principle of “modified comparative fault.” This means that an injured person can recover damages, but if they had any fault in the accident, their damage award will be reduced by the percentage of fault that they had. And if they were more at fault than the others involved in the accident—that is, more than 50% at fault—they cannot recover damages at all. See Ia. Code § 668.3.

Who determines that percentage of fault? In theory, it’s the “trier of fact”: the jury (and sometimes the judge) in a trial. But in practice, hardly anyone involved in a collision goes to trial—or wants to. They would prefer to settle with insurance companies and get the resources they need to rebuild their lives.

Insurance adjusters review accident sites and produce estimated percentages of fault. They base their settlement offers on these reports. But insurance companies have an incentive to protect their clients and their bottom lines, not to find the truth. Accident victims need their own attorneys to investigate the scene, review the circumstances of the collision, and assess the percentage of fault on their behalf.

The statute of limitations for a personal injury suit is two years in Iowa, counted from the date of the incident. However, the law may provide more time if the injured person is a minor or incapacitated. See §§ 614.1(2), 614.8. Investigating the time limits that apply to your loved one’s situation is crucial.

Families and Accident Recovery

Catastrophic Injuries

Catastrophic injuries are those that result in permanent life changes or disabilities. They include:

• Electrical burns
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Severe thermal burns and other disfiguring injuries
• Crushing and other injuries resulting in amputation

Patients with these injuries may never be able to return to work or their chosen career. In any case, they will need long-term care, as well as psychological assistance. Such injuries generally involve months of physical and cognitive rehabilitation as a patient works to heal and to learn how to use their new abilities.

If the accident incapacitated your loved one—making it difficult or impossible for them to handle their own affairs—they may need you to help work for their recovery on their behalf. A personal injury attorney can help you understand the authority you need to bring a lawsuit if they cannot do so themselves.

Wrongful Death

Close family members and dependents of a deceased accident victim have the right to recover for their loss—the companionship, the support, the guidance that they relied on. However, in Iowa, they cannot directly bring the lawsuit themselves.

The right to sue is considered property of the deceased, so the personal representative of the estate must bring the lawsuit. See § 633.336. This may be the executor in the will, if they had one. If not, a court can appoint a representative.

An Iowa wrongful death attorney can help you manage your loss and gather evidence to show your economic damages, which include:

• Final medical expenses
• Funeral and burial expenses
• Loss of income, benefits, and other financial expectations of the deceased

You can also recover for your non-economic damages, such as pain, suffering, and the loss of the emotional support of your loved one. These damages can never replace your family member, but they can help you begin to rebuild your life.

Iowa state law generally gives two years to sue for wrongful death, but the time limitation may be shorter for some rights of action. See § 614.9. It’s best to ask an attorney about this as soon as possible.

Truck Accidents—Ask Someone Who Knows

Truck accident attorneys understand how to investigate a crash site and where to find the evidence they need. A truck collision could involve several parties at fault aside from the driver, including:

• The logistics or freight company that employed or contracted with the driver
• Any separate company that owned the truck and leased it to the driver
• The manufacturer of the truck, trailer, or any aftermarket parts installed

Your family deserves fierce and compassionate representation. Don’t delay—contact our office today at 319-946-4019 to schedule your free initial consultation.