Algona Truck Accident Injury Attorneys

 Within the extensive realm of highways, trucking accidents can cause substantial disturbances, frequently leading to serious injuries for those involved. In these challenging times, trucking injury lawyers stand as unwavering advocates, providing support and direction to survivors. These legal professionals specialize in navigating the complex terrain of trucking laws and regulations.

Can I File a Truck Accident Claim if My Vehicle Was Struck by Falling Cargo?

Drivers struck by falling cargo from a large truck can file a truck accident claim. This situation, often called an unsecured load, is unfortunately common. Many truck accident lawyers are familiar with cases where cargo, such as pipes, logs, and boxes, was not properly secured and fell onto the roadway, creating hazardous conditions. Even if the truck itself did not collide with another vehicle, victims of accidents caused by falling cargo can still pursue compensation for their damages.

Filing a Truck Accident Claim

Truck drivers and companies have a responsibility to secure their cargo to prevent accidents. If cargo falls off a trailer and causes injuries or damages, the affected driver can file a claim. However, it is important to note that simply witnessing cargo falling off a trailer is not sufficient grounds for a claim; there must be resulting damages or injuries.

An experienced attorney can help determine if a valid claim exists and guide the victim through the legal process. 

Determining Accident Liability

Determining liability is crucial in a truck accident claim involving falling cargo. The responsible party could be the truck driver if they were the one who loaded the cargo, or another employee of the trucking or shipping company. The company itself may also be liable under the legal principle of "respondeat superior," which holds employers accountable for their employees' actions during the course of their employment.

In cases where a third party loaded the cargo or if a defect in the trailer caused the cargo to spill, those parties might also bear responsibility. Multiple parties can be at fault, and a thorough investigation is necessary to establish liability.

What Types of Records Do I Need to Obtain as Evidence for My Iowa Truck Accident Claim?

When filing an injury claim, collecting the right records is crucial. Your Iowa truck accident lawyer will help gather necessary documentation to build a strong case. Here are some key types of records to obtain:

Police Report

The police report filed after your collision is essential as it describes the accident scene and includes the officer’s opinion on who or what was at fault. It may also contain information on whether the other driver was impaired.

Medical Records

To recover compensation for your injuries, you need to provide evidence of your injuries and the associated costs for treatment and any future therapy required. Medical expenses often form a large portion of the compensation sought in an accident claim.

Truck Driver’s Driving Records

If the truck driver has a history of reckless driving, it can support your case by showing that the trucking company was negligent in allowing them to continue driving.

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 maintenance regulations for large trucks. Every trucking company is responsible for maintaining their vehicles according to these standards.

Examples of FMCSA Truck Maintenance Regulations

- Recordkeeping: Inspections, repairs, and maintenance must be documented.
- Correcting Violations: Any violations or defects noted in roadside inspections must be addressed.
- Post-Trip Inspection Reports: Drivers must complete an inspection report at the end of each driving period.
- Periodic Inspections: Comprehensive inspections must occur at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections require qualified personnel. For example, brake inspectors must have adequate training and experience. Truck companies must keep evidence of these qualifications on file throughout the inspector’s employment and for one year after they leave.

Important Equipment for Truck Safety

Key equipment that must be maintained includes:

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

Maintenance records must be kept at the vehicle’s garage location and for six months after the vehicle is sold, scrapped, or otherwise disposed of. Poor maintenance that leads to an accident can render the truck company liable for any resulting injuries.

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.