- Clarion Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
In the vast network of highways, trucking accidents can lead to major upheaval, often causing life-changing injuries for those affected. In such difficult times, trucking injury lawyers stand as reliable advocates, offering support and direction to survivors. These legal professionals specialize in navigating the intricate field of trucking laws and regulations.
How Long Must Trucking Companies Preserve Truck Driver Records?
Commercial trucking companies are legally required to preserve hours of service records for a period of six months. After this period, the company is permitted to destroy the records. Driver qualification files, on the other hand, must be retained for the duration of the driver's employment and for three years thereafter.
Preventing the Destruction of Records
To prevent a trucking company from destroying records relevant to a truck accident claim or lawsuit, an attorney can send a spoliation letter. This letter instructs the company to preserve all documents and evidence pertinent to the case, ensuring that critical records remain available for examination.
Importance of Truck Driver Records
Truck driver records are crucial in a truck accident claim as they can provide evidence such as:
- Medical records indicating driver fitness.
- Cell phone records showing if the driver was on the phone.
- Qualification files proving if the driver was authorized to operate the truck.
- Employment and driving history detailing any violations.
The "Black Box" Recorder
The "black box" recorder in the truck, which logs the driver’s hours of service and other important data, is valuable evidence in a truck accident case. This device helps determine if the driver was compliant with hours of service regulations and can show if the driver was fatigued at the time of the accident.
Should I Get a Car Accident Lawyer?
When to Consider Hiring a Car Accident Lawyer
If you're considering hiring a car accident lawyer in Iowa, here are some important points:
1. No up-front fees: Typically, lawyers operate on a contingency fee basis, meaning they only get paid if they win your case.
2. Contingency fees: Fees range from 30% if the case settles, 33.33% if litigated, and up to 40% if appealed.
3. Case selection: Lawyers usually take cases where they can make a significant difference in compensation.
4. Handling logistics: Attorneys handle communication with insurance companies, obtain medical records, and keep you updated.
Red Flags When Hiring a Lawyer
Be cautious if a lawyer:
- Takes every case indiscriminately.
- Asks you to obtain your medical records and bills.
When a Delivery Driver Causes a Commercial Truck Accident
Liability in Commercial Truck Accidents
When a commercial vehicle is involved in an accident, either the driver or the trucking company may be held liable. If the driver is an employee, the company is typically liable under the doctrine of respondeat superior. If the driver is an independent contractor, the driver may be held liable.
Proving Liability
To prove liability in a commercial truck accident, you must demonstrate the negligence of the at-fault party. Examples of negligence include:
- Failing to inspect or maintain the vehicle.
- Improperly loading cargo.
- Impaired or aggressive driving.
- Failing to adhere to traffic laws.
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.