Belmond Truck Accident Injury Attorneys

The broad expanse of highways often experiences trucking accidents causing notable disruptions and serious injuries. In such challenging times, trucking injury attorneys provide essential support, offering survivors guidance and aid. They are specialists in the detailed aspects of trucking laws and regulations.

Navigating Commercial Truck Accident Claims: Maintenance, Government Involvement, and Delivery Drivers

FMCSA Regulations for Commercial Truck Maintenance

The Federal Motor Carrier Safety Administration (FMCSA) enforces strict regulations for commercial truck maintenance to ensure safety on the roads. These regulations mandate comprehensive maintenance protocols that all trucking companies must follow to keep their vehicles in optimal condition.

Examples of FMCSA Truck Maintenance Regulations
- Recordkeeping: Trucking companies must meticulously document inspections, repairs, and maintenance activities.
- Violation Corrections: Any violations or defects identified during roadside inspections must be promptly corrected.
- Post-Trip Inspections: Drivers are required to complete inspection reports at the end of each driving period.
- Annual Inspections: Periodic inspections must be conducted at least once every 12 months.

FMCSA Regulations for Inspectors
Certain inspections, such as brake inspections, require inspectors to meet specific qualifications, demonstrating adequate training and experience. Truck companies must keep evidence of the inspector’s qualifications on file during their employment and for one year thereafter.

Although inspectors or maintenance personnel can be held liable for accidents due to poor maintenance, the trucking company ultimately bears the responsibility. Therefore, if poor truck maintenance causes an accident, the motor carrier company is typically named in a claim.

Critical Truck Safety Equipment
Proper maintenance of the following equipment is crucial:
- Brakes
- Lights and reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires and wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

Trucking companies must keep all inspection, repair, and maintenance records at the vehicle’s garage location for six months after the vehicle is sold, scrapped, or otherwise disposed of. If poor maintenance is believed to have caused a crash, the company may be considered negligent and liable for resulting injuries.

Differences in City Truck Accident Claims

City truck accident claims differ from regular truck accident claims primarily due to the involvement of government entities. This complicates the process, making it essential to seek legal assistance to navigate the unique challenges.

Filing a City Truck Accident Claim
City trucks include fire engines, buses, utility vehicles, and garbage trucks. If injured in an accident involving a government vehicle, victims must fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. The form requires detailed information about:
- The vehicle involved
- Injuries sustained
- Witnesses to the accident
- A description of the accident

Accompanying evidence, such as photos of injuries and damage, and two estimates for property damage must be submitted with the form. If the city denies the claim, victims may pursue a lawsuit with the help of a personal injury attorney to recover damages.

Liability in Delivery Driver Caused Commercial Truck Accidents

Accidents involving delivery trucks, classified as commercial vehicles, often result in serious injuries. Understanding liability and the process of proving negligence is crucial for recovery.

Liability for Commercial Truck Accidents
Liability typically falls on one of two parties: the driver or the company owning the truck. Under the doctrine of respondeat superior, employers are liable for their employees' actions performed under employment. If the driver is an independent contractor, they may be held liable instead.

In cases where a defective part caused the accident, liability may shift to the manufacturer, shipper, or party responsible for loading the cargo.

Proving Liability
To claim damages, the plaintiff must prove the negligence of the at-fault party. Examples of negligence include:
- Failing to inspect or maintain the vehicle
- Improperly loading cargo
- Driving while impaired
- Speeding or aggressive driving
- Ignoring traffic laws

Negligence is determined by comparing the actions of the at-fault party to what a reasonable person would have done in the same situation.

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.