Creston Truck Accident Injury Attorneys

 Across the wide-reaching world of highway systems, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic moments, trucking injury lawyers act as firm advocates, providing support and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.

Trucking companies are obligated to preserve certain records for specific time periods before they can legally destroy them. This article outlines the preservation requirements and the implications for truck accident claims.

Preservation of Truck Driver Records

Hours of Service Records: 
A commercial trucking company must preserve hours of service records for six months. After this period, the company is permitted to destroy these records. This regulation helps ensure that drivers adhere to legal driving limits, minimizing fatigue-related accidents.

Driver Qualification Files: 
These files must be retained for the duration of the driver’s employment plus an additional three years after employment ends. Driver qualification files include information on the driver's qualifications, training, and any disciplinary actions, providing a comprehensive history of their professional conduct.

Importance of Preserving Records

In the event of a truck accident, various records maintained by the trucking company can be critical for establishing fault and liability. These records include:

- Medical Records: Indicating whether the driver was medically fit to operate the vehicle.
- Cell Phone Records: Showing if the driver was distracted by phone usage.
- Qualification File: Verifying the driver's qualifications and training.
- Employment and Driving History: Providing details of any past violations or incidents.

To prevent the destruction of these vital records, a spoliation letter can be sent by an attorney to the trucking company. This letter instructs the company to preserve all relevant documents and evidence for an upcoming or ongoing truck accident claim or lawsuit.

The "Black Box" in Trucks

The "black box" recorder, or electronic logging device (ELD), in trucks is another crucial piece of evidence in accident claims. It logs the truck's speed, brake usage, and hours of service compliance. This data can be pivotal in proving whether the driver adhered to federal regulations or was fatigued at the time of the accident.

Drivers of property-carrying vehicles must comply with strict limits on driving hours. For instance, they cannot drive more than one hour after 10 consecutive hours off duty and must not exceed 14 consecutive hours on duty. The black box records these details, and employers must keep these records for at least six months.

Truck accidents often result in severe injuries due to the size and weight of commercial vehicles. While driver error is a common cause, poor truck maintenance due to trucking company negligence can also lead to accidents. 

Maintenance Responsibilities and Regulations

The Federal Motor Carrier Safety Administration (FMCSA) mandates strict maintenance requirements for commercial vehicles. Trucking companies must regularly inspect and maintain their vehicles to ensure they are safe for operation.

Common Equipment Problems Leading to Accidents

- Brake Failures: Worn brakes or improper maintenance can prevent the truck from stopping in time, leading to collisions.
- Tire Issues: Blowouts or worn treads can cause the driver to lose control.
- Lighting and Visibility Problems: Non-functioning lights or windshield wipers can impair the driver’s ability to see and react to road conditions.
- Trailer Issues: Improperly attached trailers can swing out of control or detach, posing significant risks to other road users.

Recoverable Damages in Maintenance-Related Claims

Victims of truck accidents caused by poor maintenance can seek compensation for:
- Medical Expenses: Including hospitalization, medication, physical therapy, and future medical costs.
- Lost Income: Due to the inability to work during recovery or permanent disability.
- Property Damage: For repair or replacement of the damaged vehicle.
- Pain and Suffering: For physical and emotional distress.

Common Violations

1. Failure to Stop Within Assured Distance, Maintain Control, or Follow Too Closely: These violations often apply in rear-end collisions.
   - Assured Clear Distance Ahead: Drivers must stop within a visible and clear distance.
   - Failure to Maintain Control: Drivers must control their vehicle speed, especially near intersections.
   - Following Too Closely: Drivers must maintain a safe distance from the vehicle ahead.

2. Failing to Yield: This includes various scenarios such as uncontrolled intersections, merging traffic, and pedestrian crossings.
   - Approaching or Entering Intersection: Vehicles must yield to the vehicle on the right at uncontrolled intersections.
   - Backing Onto a Highway: Drivers must ensure safety before reversing onto a highway.
   - Slow Moving Vehicles: Must stay in the right-hand lane unless overtaking another vehicle.

3. Failing to Obey Traffic Control Devices: Common in cases where drivers run stop signs or red lights.
   - Traffic Signals: Drivers must follow green, yellow, and red lights appropriately, yielding when required.

4. Making a Left Turn Across Traffic: Drivers must yield to oncoming traffic when making left turns.

Comparative Fault in Iowa

Iowa's comparative fault system reduces the compensation a victim can receive by their percentage of fault. If a driver is found to be 51% or more at fault, they cannot recover damages. If they are 50% or less at fault, their compensation is reduced by their fault percentage.

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.