Alta Truck Accident Injury Attorneys

Trucking accidents within the extensive highway networks often cause substantial disruptions, frequently leading to serious injuries. In such tough situations, trucking injury attorneys act as trustworthy allies, providing support and advice to those affected. These legal experts navigate the intricate aspects of trucking laws and regulations.

Preserving Crucial Evidence After a Truck Accident

Trucking companies have the right to destroy certain driver records after a specified period. To prevent this from happening after a truck accident, an attorney can send a spoliation letter to the company. This letter advises the company that all pertinent documentation must be preserved, maintained, and protected, which is essential for building a strong case.

Preserving the Record of Duty Status

One of the most critical pieces of evidence in establishing fault is the driver’s record of duty status. This record includes information about the driver's time on and off duty, use of the sleeper berth, and the amount of time spent driving. Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain these records and any supporting documents for at least six months. A spoliation letter can inform the trucking company that it is required to preserve these records as they are relevant to the truck accident claim.

Other Important Documents

Besides the record of duty status, other documents may be valuable depending on the crash's cause or suspicions of negligence. These include the driver qualification files, which contain the driver’s motor vehicle record, employment application, annual review of driving record, certification of violations, medical examiner’s certificate, and more. These records can help determine if the truck driver was qualified to operate a big rig.

Numerous other records are maintained by the trucking company, not only regarding their drivers but also the vehicles. To ensure their protection, an attorney may send a spoliation letter detailing the specific documentation to be preserved.

How a Spoliation Letter Protects Evidence

Preserving evidence is critical after a crash. Talking with an attorney as soon as possible allows time to send a spoliation letter to the trucking company, outlining records that should be preserved. The letter should provide detailed information about the types of documentation, records, and paperwork to be kept, stipulating that evidence should not be destroyed, erased, altered, or manipulated. This notice should also warn the company that additional damages could be sought if they fail to comply.

The sooner an attorney obtains the records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other crashes because of the availability of the truck company's records. It is crucial to take full advantage of this.

Should I Get a Car Accident Lawyer?

If you're considering hiring a car accident lawyer for your Iowa claim, qualified lawyers usually operate under the following principles:

1. No Up-Front Fees: There are no up-front fees or charges, so you do not have to pay a retainer or any money initially.
2. Contingency Fee Basis: The attorney is only paid if they win, known as a contingency fee. The fee usually ranges from 30% if the case settles, 33.33% if litigated, and up to 40% if it ends up on appeal.
3. Selective Case Acceptance: Attorneys do not take every case but rather those where they believe they can make a significant difference in the compensation you receive.
4. Comprehensive Handling: The attorney will handle all contact with insurance companies, obtain your medical records and bills, and keep you updated on your case's progress.

If a lawyer you consider hiring deviates from these principles, it might be a red flag. For example, some law firms take every case in hopes that a few will be good, potentially neglecting others. Also, if a lawyer asks you to obtain all your medical records and bills, it indicates a lack of investment in your case.

At our office, we handle all injury cases on a contingency fee basis, with no up-front payments required. We only take cases where we believe we can make a difference and obtain all necessary records for our clients. We manage all interactions with insurance adjusters, subrogation holders, and send copies of letters to our clients.

Why Hire a Car Accident Attorney?

If you or someone you care about has been injured in a car crash, you might wonder, "why hire a car accident attorney?"

When You May Not Need an Attorney

1. Property Damage Only: If you only sustained property damage and the other driver’s insurance is taking care of it.
2. Minor Injuries: If your injuries required minimal medical treatment, hiring an attorney might not be necessary.
3. Fair Settlement Reached: If you can reach a fair settlement with the insurance company, ensure everything is documented, including payment responsibilities for outstanding medical bills and insurance.

When to Consult an Attorney

1. Hospitalization: If you have been hospitalized for your injuries.
2. Surgery Required: If you needed surgery to treat your injuries.
3. Permanent Injuries: If you have permanent injuries caused by the crash.
4. DUI Involvement: If the other driver was under the influence of alcohol or drugs.

Benefits of Hiring a Qualified Attorney

1. Protecting Your Rights: Ensure your rights are protected under Iowa law.
2. Handling Insurance Companies: Manage all contact with insurance companies, reducing your stress and risk of mistakes.
3. Finding Insurance Policies: Identify all applicable insurance policies to maximize your recovery.
4. Managing Medical Expenses: Handle subrogation companies, hospitals, and medical providers to ensure you receive the most compensation after medical expenses.
5. Experienced Advice: Provide experienced advice on case value and representation in court if necessary.

Hiring an attorney can help you avoid mistakes and potentially secure more compensation than handling the case yourself. To find a qualified Iowa car accident attorney, request our Iowa Car Accident book, which includes a chapter on finding the right attorney and avoiding the wrong one.

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.