• Akron Truck Accident Injury Attorneys
  • Phone: 641-792-3595
  • Directions

Across the extensive highway networks, trucking accidents can cause substantial interruptions and serious injuries. In these trying situations, trucking injury attorneys act as dependable supporters, providing survivors with guidance and support. They are specialists in the intricate aspects of trucking laws and regulations.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations to ensure the safety and maintenance of commercial vehicles. Every truck company is responsible for the upkeep of its fleet, adhering to strict guidelines to prevent accidents caused by equipment failure.

FMCSA Truck Maintenance Regulations

The FMCSA has established comprehensive maintenance regulations for commercial trucks. Here are some key requirements:

1. Recordkeeping: Truck companies must keep detailed records of all inspections, repairs, and maintenance performed on each vehicle.
2. Correcting Violations: Any violations or defects noted during roadside inspections must be promptly corrected.
3. Post-Trip Inspections: Drivers must complete a post-trip inspection report at the end of each driving period.
4. Periodic Inspections: Trucks must undergo periodic inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections require specially qualified personnel. For example, brake inspectors must have adequate training and experience. Truck companies must keep evidence of their inspectors' qualifications on file throughout their employment and for an additional year after they leave.

While inspectors and maintenance personnel can be held liable for injuries resulting from poor maintenance, the truck company is ultimately responsible. If an accident is suspected to have been caused by poor truck maintenance, the motor carrier company is likely to be named in a claim.

Important Equipment for Truck Safety

Maintaining specific types of equipment is critical for truck safety. Key components include:

- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

Truck companies are required to keep inspection, repair, and maintenance records at the vehicle's garage location and for six months after the vehicle is sold, scrapped, or otherwise disposed of. If poor maintenance is found to be the cause of an accident, the truck company can be held negligent and liable for resulting injuries.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents often result in severe injuries for drivers and occupants of smaller vehicles. While driver errors are common causes of these accidents, sometimes they result from truck company negligence, particularly poor maintenance of commercial trucks.

Poor Maintenance and Trucking Company Negligence

The FMCSA regulates the maintenance of commercial vehicles to ensure safety. However, when maintenance is neglected, and equipment problems arise, the truck company can be deemed negligent and liable for damages. 

Types of Truck Equipment Problems

Certain equipment failures are more likely to cause accidents or worsen their impact. Examples include:

- Brake Failure: Worn brakes can prevent a truck from stopping, leading to collisions. De-powered or removed front brakes can cause jackknifing.
- Tire Issues: Blowouts, worn treads, and improper inflation can lead to loss of control.
- Lighting and Visibility: Malfunctioning lights and windshield wipers can impair visibility, increasing the risk of accidents.
- Trailer Attachment: Improperly attached trailers can swing out of control or detach, posing serious risks to other road users.

Damages Recoverable in a Truck Accident Claim

If truck company negligence causes an accident, victims may seek compensation for various damages, including:

- Medical Expenses: Ambulance services, hospitalization, follow-up visits, medication, physical therapy, and future medical costs.
- Lost Income: Compensation for lost wages during recovery and diminished earning capacity if injuries prevent returning to work.
- Property Damage: Repair or replacement of the victim's vehicle.
- Physical and Emotional Damages: Pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and psychological harm.

Should I Get a Car Accident Lawyer?

If you're considering hiring a car accident lawyer for your Iowa claim, it’s essential to understand how they typically operate:

1. No Up-Front Fees: You won't have to pay a retainer or any money upfront.
2. Contingency Fee: The lawyer is paid only if they win the case, with a fee ranging from 30% if the case settles, 33.33% if it goes to litigation, and up to 40% if it ends up on appeal.
3. Selective Case Acceptance: Lawyers usually take cases where they believe they can significantly increase the compensation received.
4. Handling Communication and Documentation: The lawyer will handle all interactions with insurance companies, obtain medical records and bills, and keep you updated on the case.

What to Watch Out For

Be cautious of lawyers who:

- Take every case that comes in the door, potentially leading to less attention for your case.
- Ask you to obtain your medical records and bills, indicating a lack of investment in your case.

At Walker, Billingsley & Bair, we handle all injury cases on a contingency fee basis, obtain all necessary records for our clients, and handle all communications with insurance adjusters. For more information about Iowa car accident cases and how we may assist you, request a copy of our Iowa Car Accident book, which reveals "7 Secrets to Not Wreck Your Claim."

Contacting Walker, Billingsley & Bair

At Walker, Billingsley & Bair, our team is committed to ensuring you receive the compensation you deserve. We handle all injury cases on a contingency fee basis and manage all necessary documentation and communications.

Walker, Billingsley & Bair is prepared to act fast to defend your rights after a truck accident in Iowa. Contact our office at 641-792-3595 to speak with an attorney.