Asbury Truck Accident Injury Attorneys

 Across the wide-reaching world of highway systems, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic moments, trucking injury lawyers act as firm advocates, providing guidance and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.

Preservation and Destruction of Truck Driver Records

Commercial trucking companies are mandated to preserve hours of service (HOS) records for a period of six months. Post this period, the company has the right to destroy these records. However, records related to driver qualifications must be retained for the duration of the driver’s employment and an additional three years thereafter. 

A spoliation letter can be sent by an attorney to prevent the company from destroying records pertinent to a truck accident claim or lawsuit. This letter ensures the preservation of evidence crucial for the investigation.

Importance of Truck Driver Records in Accident Claims

Truck driver records can be vital evidence in truck accident claims, encompassing:

- Medical Records: Indicates the driver’s fitness to drive.
- Cell Phone Records: Shows if the driver was using the phone.
- Qualification Files: Confirms the driver’s qualification to operate a truck.
- Employment History: Provides background on the driver’s work history.
- Driving History: Lists any driving violations.

The "Black Box" and Hours of Service Regulations

The "black box" or Electronic Logging Device (ELD) in trucks records critical data, such as adherence to HOS regulations. Drivers of property-carrying vehicles must comply with strict driving time limits, including not driving more than one hour after ten consecutive off-duty hours and not driving beyond the 14th consecutive on-duty hour. For passenger-carrying vehicles, these limits differ slightly.

The black box keeps logs of the last seven days, while employers must retain these records for six months. However, since accident claims often extend beyond this period, it is essential to send a spoliation letter to preserve this information.

Conducting a Truck Accident Investigation

Truck accidents differ significantly from passenger car accidents, especially in the claims process. Trucking companies have robust insurance teams and investigators who aggressively protect their interests. Victims may benefit from hiring an Iowa personal injury attorney to help conduct an independent investigation.

Reasons for a Truck Accident Investigation

An insurance company may employ various tactics to diminish or deny a claim. Therefore, preserving all available evidence is crucial. An attorney can send a spoliation letter to the trucking company, ensuring the preservation of necessary documentation and devices.

Additional Reasons to Hire an Iowa Personal Injury Attorney

Insurance companies may request paperwork that could harm the victim's claim if signed without legal counsel. They might also attempt to settle quickly, often offering less compensation than needed for future expenses. An attorney can help secure a fair settlement and prove the trucking company’s negligence.

Seeking Damages After a Semi Truck Accident

Victims of Iowa truck accidents may face significant medical bills and lost wages. To seek financial restitution, victims must file a truck accident claim with the responsible insurance company. However, adjusters often undervalue claims, delay investigations, or use medical professionals to downplay injuries.

Determining Liability in Truck Accidents

Proving negligence in a truck accident may involve multiple parties, including:

- The truck driver
- The trucking company
- The safety director
- The vehicle inspector
- The truck manufacturer

An Iowa truck accident lawyer can investigate and represent the victim's interests in a formal lawsuit.

Common Types of Fatal Semi Truck Accidents

The most common fatal truck accidents include:

- Underride Accidents: Smaller vehicles driving under large trucks.
- Override Accidents: Large trucks driving over smaller vehicles, motorcycles, or pedestrians.
- Jackknife Accidents: The trailer folds into the truck after sudden braking.
- Head-On Collisions: Direct impact between vehicles.
- Rollovers: The truck overturns, often due to loss of control.

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.