Atlantic Truck Accident Injury Attorneys

 In the vast expanse of highway systems, trucking accidents can create considerable disruption, often causing severe injuries for those affected. In such turbulent situations, trucking injury lawyers serve as steadfast supporters, offering guidance and assistance to survivors. These legal experts are adept at handling the intricate landscape of trucking laws and regulations.

Truck Accident Insurance and Why Conducting Accident Investigations is Crucial

Truck accidents differ significantly from those involving only passenger cars. The injuries in truck accidents tend to be more severe due to the size and weight of commercial trucks. Moreover, the process of filing a claim in truck accidents often involves proving the trucking company’s negligence, which can be complex.

Trucking companies have their own insurance providers who aggressively defend their clients. They often use investigators to conduct accident investigations, making it challenging for victims to secure fair compensation. Thus, victims of truck accidents may benefit from an Iowa personal injury attorney who can provide legal representation and conduct a thorough investigation.

Reasons to Conduct a Truck Accident Investigation

Insurance companies for trucking firms may use various tactics to diminish the value of a claim or deny it entirely. Preserving and collecting evidence is crucial to counter these tactics. 

A significant challenge in these investigations is that much of the necessary evidence (such as employee records, maintenance records, and hours of service records) must be obtained from the trucking company. There is a risk that these companies might alter, change, or even destroy evidence. Notably, trucking companies are required to retain hours of service records for only six months.

This is where securing an attorney becomes vital. An Iowa personal injury attorney can send a spoliation letter to the trucking company, mandating the preservation of necessary documentation, devices, and records. This legal step ensures a more thorough accident investigation.

Truck Driver Records and Evidence in Accident Claims

Truck driver records can provide crucial evidence in an accident claim. These records include:

- Medical records indicating the driver’s fitness to drive.
- Cell phone records showing if the driver was on the phone.
- Qualification files confirming the driver’s eligibility to operate a truck.
- Employment history.
- Driving history, including any driving violations.

The truck’s "black box" recorder is another valuable piece of evidence. It logs whether the driver was operating beyond the “hours of service” regulations, which limit the time drivers can spend behind the wheel and on duty. Information from the last seven days must be kept onboard by the driver, and employers must retain it for at least six months. However, since accident claims can extend beyond this period, a spoliation letter is essential to preserve these records.

Legal Considerations in Iowa Car Accidents: Systems That Prove Fault

Iowa follows the rules of the road detailed in Iowa Code Chapter 321. These rules cover various situations, including right-of-way at intersections, responsibilities for striking a disabled vehicle, and yielding to pedestrians. 

Iowa is a comparative fault state, meaning the fault of each driver involved in a car accident is compared. If a driver is found to be 51% or more at fault, they cannot recover any damages. If a driver is found to be 50% or less at fault, their recoverable damages are reduced by their percentage of fault.

Common Ways Fault is Proven in Iowa Car Accidents

1. Failure to Stop Within Assured Clear Distance, Failure to Maintain Control, and Following Too Closely
   - Rear-end collisions often involve these violations. Specific Iowa laws include:
     - Assured Clear Distance Ahead: Drivers must stop within a distance where noticeable objects on the highway can be seen.
     - Failure to Maintain Control of Vehicle: Drivers must reduce speed appropriately when approaching intersections.
     - Following Too Closely: Drivers must maintain a reasonable distance considering speed, traffic, and road conditions.

2. Failing to Yield
   - Various scenarios, such as uncontrolled intersections, involve yielding violations. Specific Iowa laws include:
     - Meeting and Turning to the Right: Vehicles must yield half the road by turning right when meeting another vehicle.
     - Approaching or Entering Intersection: Vehicles on the left must yield to those on the right when entering an intersection simultaneously.
     - Backing onto a Highway: Drivers must yield to approaching vehicles when reversing onto a highway.

3. Failing to Obey Traffic Control Devices
   - Common in incidents where drivers run stop signs or red lights. Specific rules for traffic signals include:
     - Green Light: Vehicles may proceed but must yield to traffic and pedestrians.
     - Yellow Light: Vehicles should stop if safe, warning that the green signal is ending.
     - Red Light: Vehicles must stop and may turn right or left (if allowed) cautiously, yielding to traffic and pedestrians.

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.