Britt Truck Accident Injury Attorneys

In the broad network of highway systems, trucking accidents can lead to major disturbances, often resulting in severe injuries. In these challenging times, trucking injury lawyers provide dependable support, offering survivors guidance and assistance. These lawyers are well-versed in the complexities of trucking laws and regulations.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe, often resulting in serious, disabling, or life-threatening injuries for drivers and occupants of smaller passenger cars. While driver errors are a common cause, sometimes the root issue is truck company negligence, particularly concerning poor maintenance of commercial trucks.

Poor Maintenance and Trucking Company Negligence

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules on various aspects, including the maintenance of commercial vehicles. Every truck company is responsible for the upkeep of its big rigs. 

Although manufacturing defects can sometimes be to blame, more often, it is the failure in commercial truck maintenance that contributes to accidents. When poor maintenance is found to be a contributing factor or the outright cause of an accident, the truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain types of equipment problems are more likely to cause a crash or exacerbate the severity of one:

1. Brake Failure: If brakes (pads or shoes) are worn and haven’t been replaced, a driver might not be able to stop in time, potentially causing a collision.
2. Jackknifing: Trucks can jackknife when front brakes are depowered or removed, causing the trailer to fold and crush or strike nearby vehicles.
3. Tire Issues: Blowouts from worn tire treads or improper inflation can cause drivers to lose control of the vehicle.
4. Lighting Problems: Non-functioning lights can reduce visibility, increasing the risk of accidents.
5. Windshield Wipers: Poor visibility from malfunctioning wipers can also lead to crashes.
6. Trailer Issues: Improperly attached trailers can swing out of control or detach, posing serious risks to other road users.

Damages Recoverable in a Truck Accident Claim

If a truck company's negligence leads to an accident, victims can seek compensation for various losses:

- Medical Expenses: Ambulance services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical expenses.
- Lost Income: Compensation for lost wages during recovery and for reduced earning capacity if the injuries result in long-term disability.
- Property Damage: Repair costs for the vehicle or its replacement value if totaled.
- Physical and Emotional Suffering: Compensation for pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and psychological harm like PTSD.

Key Records for an Iowa Truck Accident Claim

Importance of Evidence Collection

Gathering certain types of records is essential when filing an injury claim following a truck accident. These documents can establish fault and support your claim for compensation.

Essential Records to Obtain

1. Police Report: This report describes the accident scene and includes the officer’s opinion on fault. It may also indicate if the other driver was impaired.
2. Medical Records: These records establish the extent of injuries and associated expenses, including future treatment or therapy costs.
3. Truck Driver’s Driving Records: Records showing a pattern of reckless driving can support a claim of negligence against the trucking company for allowing the driver to continue working.

FMCSA Regulations for Commercial Truck Maintenance

Overview of FMCSA Regulations

The FMCSA enforces regulations on various aspects of the trucking industry, including the maintenance of commercial trucks. Truck companies are responsible for keeping their vehicles in good condition to ensure safety.

Examples of FMCSA Truck Maintenance Regulations

- Recordkeeping: Companies must keep records of inspections, repairs, and maintenance.
- Corrective Actions: Violations or defects noted on roadside inspection reports must be corrected.
- Post-Trip Inspections: Drivers must complete an inspection report at the end of each driving shift.
- Periodic Inspections: Trucks must undergo inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections, like brake inspections, require qualified personnel. Truck companies must maintain evidence of an inspector's qualifications on file during employment and for a year after the employee leaves.

Important Equipment for Truck Safety

Proper maintenance of the following equipment is crucial for truck safety:

- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires and wheels
- Horn
- Rearview mirrors
- Coupling devices

Legal Responsibility for Poor Maintenance

Ultimately, the truck company is responsible for ensuring proper maintenance. If poor maintenance is the cause of an accident, the truck company can be held liable for any resulting injuries. 

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.