Albia Truck Accident Injury Attorneys

In the broad expanse of highway systems, trucking accidents can cause significant disruption, often resulting in severe injuries for those involved. In such tumultuous situations, trucking injury lawyers stand as unwavering advocates, offering guidance and support to survivors. These legal experts specialize in navigating the complex landscape of trucking laws and regulations.

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

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations covering various aspects, including the maintenance of commercial trucks. Every truck company is responsible for maintaining its big rigs to ensure safety on the roads.

Examples of FMCSA Truck Maintenance Regulations

The FMCSA mandates several key maintenance regulations for large trucks, including:

- Recordkeeping: Inspections, repairs, and maintenance must be documented.
- Correction of Violations: Any defects noted on roadside inspection reports must be corrected.
- Post-Trip Inspection Reports: Drivers must complete these at the end of each driving period.
- Periodic Inspections: Trucks must undergo inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections, such as brake inspections, require that the inspectors have specific qualifications. Truck companies must keep evidence of these qualifications on file during the inspector's employment and for an additional year after they leave.

Although inspectors or those in charge of truck maintenance could be held liable for injuries resulting from poor maintenance, the truck company ultimately bears the responsibility. When poor maintenance is suspected as the cause of an accident, the motor carrier company is likely to be named in a claim.

Important Equipment for Truck Safety

Several types of equipment are crucial for truck safety and must be properly maintained, including:

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

All records of inspections, repairs, and maintenance must be kept by the truck company at the vehicle's garage location, and for six months after the vehicle is sold, scrapped, or otherwise disposed of. If poor maintenance is believed to have caused a crash, the truck company can be considered negligent and liable for any resulting injuries.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents are often severe, resulting in serious, disabling, or life-threatening injuries for drivers and passengers of smaller vehicles. While driver error is a common cause, truck company negligence due to poor maintenance can also be a significant factor.

Poor Maintenance and Trucking Company Negligence

The FMCSA enforces regulations to ensure the upkeep of commercial vehicles. When an accident results from poor maintenance, the truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain equipment issues are more likely to cause accidents or worsen their impact, such as:

- Brake Failure: Worn brakes can prevent a driver from stopping in time.
- Jackknifing: Front brakes that are depowered or removed can cause the trailer to fold and strike other vehicles.
- Tire Blowouts: These can result in loss of control and flying debris.
- Poor Visibility: Faulty lights or windshield wipers can impair the driver’s ability to see.
- Trailer Detachment: If not properly attached, the trailer can swing out of control or detach.

Recoverable Damages in a Truck Accident Claim

When truck company negligence causes an accident, victims may seek compensation for:

- Medical Expenses: Ambulance services, hospitalization, follow-up visits, medication, physical therapy, and future medical costs.
- Lost Income: Compensation for lost wages during recovery and for any long-term disability affecting future earning capacity.
- Property Damage: Costs of vehicle repair or replacement.
- Physical and Emotional Losses: Pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and PTSD.

Truck Company Record Preservation Requirements

Commercial trucking companies must preserve hours of service records for six months. After this period, they can legally destroy the records. Driver qualification files must be kept for the duration of the driver's employment and for three years afterward.

Spoliation Letters

To prevent the destruction of crucial evidence, an attorney can send a spoliation letter to the trucking company. This letter requires the company to preserve all relevant records and evidence for an upcoming or ongoing truck accident claim or lawsuit.

Truck Driver Records in an Accident Claim

Key records in a truck accident claim include:

- Medical Records: Indicating whether the driver was fit to drive.
- Cell Phone Records: Showing if the driver was on the phone.
- Qualification File: Confirming the driver’s qualifications.
- Employment History: Details of the driver's employment.
- Driving History: Listing any driving violations.

The “Black Box” Recorder

The truck’s "black box" provides valuable evidence, including logs of the driver’s compliance with "hours of service" regulations. This data can be crucial in proving driver fatigue or other violations.

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.