Columbus Junction Truck Accident Injury Attorneys

The broad spectrum of highways often sees trucking accidents resulting in significant disturbances and severe injuries. During these challenging times, trucking injury lawyers provide essential support, offering guidance and assistance to those affected. These legal experts navigate the complex field of trucking laws and regulations.

Legal Options and Liability in Truck Accidents Involving Falling Cargo

Accidents caused by falling cargo from large trucks can have severe consequences for drivers on the road. These incidents, known as unsecured load accidents, are not uncommon, and truck accident lawyers are well-versed in handling such claims. This article explores the legal options available to victims, the process of filing a truck accident claim, the importance of preserving evidence, and the potential liability of various parties involved in the trucking industry.

Filing a Truck Accident Claim

Victims of accidents caused by falling cargo can file a truck accident claim even if the truck did not physically crash into their vehicle. Truck drivers and trucking companies have a responsibility to secure their cargo properly to prevent it from falling off and causing harm to other road users. To file a claim, the victim must have suffered damages or injuries directly caused by the falling cargo. Simply witnessing cargo fall is insufficient to warrant a claim. An experienced lawyer can help determine if there is a valid claim and guide the victim through the process.

Determining Accident Liability

Determining liability is crucial in a truck accident claim. If the truck driver loaded the cargo, they might be held responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, that person might bear some responsibility. Additionally, the trucking company can be liable under the doctrine of respondeat superior, which holds employers accountable for the actions of their employees during the course of employment. If a third party loaded the cargo or if a product defect caused the cargo to come loose, those parties could also be held liable.

Importance of Preserving Evidence

After a truck accident, it is essential to preserve evidence to establish liability and build a strong case. Trucking companies are required to maintain certain records, such as the driver’s record of duty status, for a specified period. However, they have the right to destroy these records after that period. To prevent the destruction of crucial evidence, an attorney can send a spoliation letter to the trucking company, advising them to preserve all relevant documentation. This includes records of duty status, driver qualification files, vehicle maintenance records, and any other pertinent information.

How a Spoliation Letter Protects Truck Driver Records

A spoliation letter is a formal request to preserve evidence that may be relevant to a legal claim. It informs the trucking company that specific records should not be destroyed, erased, altered, or otherwise manipulated. The letter puts the company on notice that failure to comply with the request could result in additional damages being sought. Preserving evidence is critical for building a strong case, and an attorney can help ensure that all necessary records are protected.

Legal Options After a Semi Truck Accident

Victims of semi truck accidents have several legal options to pursue compensation for their injuries and damages. Establishing negligence is a key component of a personal injury action. To prove negligence, the victim must demonstrate that the defendant owed a duty of care, breached that duty, caused the injury, and that the victim suffered damages as a result. Negligent behavior, such as speeding or exceeding hours-of-service limitations, can make the truck driver or other parties liable for injuries.

Iowa's Modified Comparative Fault System

Iowa follows a modified comparative fault system, meaning that a victim must be less than 51 percent at fault to recover damages. If the victim is found partially at fault, their compensation will be reduced by their percentage of fault. For example, if a victim is 25 percent at fault and suffers $10,000 in damages, their compensation will be reduced by 25 percent, resulting in a $7,500 recovery.

Liable Parties in Truck Accidents

Various parties involved in the trucking industry can be held liable for accidents, including truck drivers, trucking companies, mechanics, truck manufacturers, and loaders. Federal Motor Carrier Safety Administration (FMCSA) regulations govern aspects such as driver hours, mandatory drug testing, and load weight limitations. Violations of these regulations can indicate negligence and result in liability. Trucking companies are responsible for their drivers' actions, and if a driver causes an accident, the company may be held liable.

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.