Blue Grass Truck Accident Injury Attorneys

The wide expanse of highways often witnesses trucking accidents causing substantial disturbances and severe injuries. In such tough times, trucking injury lawyers serve as reliable allies, offering support and advice to those affected. These attorneys specialize in the detailed realm of trucking laws and regulations.

Drivers struck by falling cargo from a large truck can file a truck accident claim, often referred to as an unsecured load claim. This situation is familiar to many truck accident lawyers. While cargo is typically secured inside a tractor-trailer, sometimes it is not enclosed and may consist of exposed items such as pipes, logs, or boxes. If the cargo is not secure, it can enter the roadway, creating a dangerous hazard. An Iowa law firm in Blue Grass can help victims of accidents caused by this loose cargo establish accident liability and recover compensation for damages.

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. Truck drivers and companies have a responsibility to keep cargo secure to prevent injuries. In addition, truck drivers must drive safely to ensure that cargo does not fall off the trailer into the path of other vehicles.

A driver must suffer damages or injuries caused by the falling cargo to file a claim. Simply witnessing the act of cargo falling off a trailer does not warrant a claim. A lawyer with an Iowa law firm in Blue Grass can answer any questions about whether a client has a valid claim.

Determining Accident Liability

Determining liability is the most important part of a claim. If the truck driver loaded the cargo, then he or she may be held responsible for causing the accident. If another employee of the trucking or shipping company loaded the cargo, then that person may bear some responsibility.

If the driver is hauling cargo for a trucking or shipping company, then the truck company may be liable under a law called respondeat superior. This means that the company bears liability for any injuries or harmful acts caused by employees during their employment. To hold the company liable, the victim must prove that the truck driver or another employee of the trucking company was negligent. If a third party loaded the cargo, that party might be found liable.

Another thing to consider is product defects. If the truck driver or others securely loaded the cargo but a defect with the trailer led to the cargo coming loose and spilling onto the roadway, the manufacturer of the trailer could hold accident liability.

Multiple parties could be at fault for cargo-related accidents and injuries in a truck accident claim. Sometimes the trucking company and other companies could be held liable for damages. An Iowa law firm in Blue Grass can review the facts in a case and help establish accident liability.

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

When filing an injury claim, your Iowa truck accident lawyer will need to gather certain types of records to use as evidence in your accident case. While you may be able to collect some documentation on your own, an attorney may need to help you pull information on the driver and the trucking company.

Police Report

The police report filed after your collision is crucial evidence in an accident case. A police report not only describes the accident scene but also contains the officer’s opinion on who (or what) was at fault for the crash. If the other driver was impaired, this should be in the report as well.

Medical Records

To recover compensation for your injury claim, you must establish your injuries and the actual expenses and estimated costs for any future treatment or therapy that may be required. As medical expenses often comprise a large portion of the compensation sought in an accident claim, providing adequate evidence may be very important.

Truck Driver’s Driving Records

If there is a pattern of reckless driving on behalf of the truck driver, it may only help your case. Your truck accident lawyer can show that the trucking company was at fault by allowing the driver to continue driving despite a pattern of reckless behavior.

How Long Does a Trucking Company Have to Preserve Truck Driver Records Before It Can Destroy Them?

A commercial trucking company needs to preserve hours of service records for a period of only six months. After this period, the company may destroy the records. A driver qualification must be kept as long as the driver is employed and then for three years thereafter.

A spoliation letter can be sent to the company by an attorney to prevent the company from destroying truck driver records and any other documents or evidence relevant to an upcoming or ongoing truck accident claim or lawsuit.

A truck accident victim may file a claim for damages if the accident was caused by a truck driver. If the truck is owned by a commercial trucking company, then apart from the truck driver, the owner of the company may be held responsible for the accident. It is in the company's interest to destroy evidence to protect its reputation and avoid a costly lawsuit.

Truck Driver Records That Could Be Used in a Truck Accident Claim

A huge volume of evidence is usually available in the event of a truck accident, and the truck driver’s records provide some of the most crucial pieces of evidence:

- Medical records that indicate whether the driver was fit to drive
- Cell phone records that indicate if the driver was on the phone
- Qualification file that indicates if the driver was qualified to operate a truck
- Employment history
- Driving history of the at-fault driver that includes a list of driving violations

The “Black Box” After a Truck Accident

The “black box” recorder in the truck can prove to be valuable pieces of evidence in a truck accident case. This includes logs of whether the truck driver was operating beyond the limits of “hours of service” regulations and was fatigued.

Drivers are limited in the time they can spend behind the wheel and on duty. For instance, drivers of property-carrying vehicles cannot drive more than one hour after 10 consecutive hours off duty (or 10 hours after eight hours off duty for passenger-carrying drivers) and cannot drive beyond the 14th consecutive on-duty hour (15th consecutive on-duty hour for passenger-carrying vehicles).

There are several other provisions that truck drivers must follow, and this information must be kept in the driver’s black box or logbooks. Information of the last seven days must be kept onboard by the driver, and employers must keep it for at least six months. But an accident claim often extends beyond this period, which is why sending a spoliation letter to preserve these and other records is so important.

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.