Although box trucks aren’t nearly as big as tractor-trailers, they can still cause extensive damage and injuries when involved in an accident with a passenger vehicle. If you were recently involved in a wreck with a box truck in Iowa and are wanting to learn more what your legal rights are (i.e. whether you are entitled to sue for compensation), then you have come to the right place. Eells & Tronvold Law Offices, P.L.C. has aided and represented victims of all types of vehicular accidents and our Iowa personal injury lawyers are available to address your questions and concerns right now.
Understanding Your Legal Rights After a Truck Accident in Iowa
As a victim of a box truck accident, you may be entitled to recover compensation from the other party’s insurer, their employer’s insurer if they were operating a company vehicle, or even the driver who you were involved in the accident with. It all depends on the circumstances surrounding the crash. Generally, a victim of a box truck accident can recover compensation from various parties when they can prove the driver was at fault.
One way you can prove fault is by identifying what rules or regulations the truck driver was violating.
While most truck operators are bound by the rules and regulations outlined by the FMCSA and must have obtained their CDL (Commercial Driver’s License), someone who holds a Class C license in the state of Iowa is permitted to operate a box truck without a CDL and without the restrictions the Federal Motor Carrier Safety Administration (FMCSA) places on truck drivers. What this means is that anyone with a Class C license, which is the license most Iowans have, can operate a box truck that weights 16,000 pounds or less. So, although you may not be able to claim they violated a rule or regulation most truckers must comply with, they are still required to comply with their state’s traffic laws. And in the event one of those was violated, you can use this to prove he or she was negligent and at fault for causing the accident.
Something else you are going to want to address is which party you can hold liable, and it can be more than one. For example, if you are able to prove the trucker was at fault for causing the collision and he or she was operating a company vehicle at the time, you may be entitled to compensation from both the driver and their employer. But you will need to know whether the driver is a full-time employee with the company or an independent contractor. The fact is, an employee’s position may entitle or prevent you from pursuing their employer for damages.
As you can see, truck accident cases can be rather complex as there is much to consider. So, to find out what your legal rights are and what you are entitled to recover for your damages, we suggest you contact our office so that one of our IA personal injury attorneys can assess the details of your incident.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000