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The extensive network of highways often sees trucking accidents causing significant disturbances and severe injuries. In such difficult situations, trucking injury lawyers are dependable allies, offering survivors guidance and support. These legal experts are well-versed in the complexities of trucking laws and regulations.

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

If you've been involved in a truck accident in Iowa, you are likely dealing with significant medical bills, lost wages, and a challenging recovery process. To successfully file an injury claim, gathering the right types of evidence is crucial. An Iowa truck accident lawyer can help you collect essential records and documentation to strengthen your case. Here’s a comprehensive guide on the types of records you need and how to obtain them.

Police Report

The police report filed after your collision is a critical piece of evidence. This 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 detail should be included in the report as well. Ensure you obtain a copy of this report as it provides an official account of the accident and can be instrumental in your personal injury claim.

Medical Records

To recover compensation for your injury claim, you must establish the extent of your injuries and the actual expenses incurred, including estimated costs for future treatment or therapy. Medical expenses often comprise a large portion of the compensation sought in an accident claim, making it vital to provide adequate evidence. Collect all medical records, including:

- Doctor’s reports
- Hospital bills
- Receipts for medication and medical supplies
- Physical therapy records
- Any other documentation related to your treatment and recovery

Truck Driver’s Driving Records

If the truck driver involved in your accident has a history of reckless driving, this information can significantly strengthen your case. Your truck accident lawyer can obtain the driver’s records to demonstrate a pattern of reckless behavior, potentially showing that the trucking company was negligent in allowing the driver to continue operating a vehicle despite their history.

Semi Truck Accidents: Insurance Companies, Damages, Liability

No matter what type of truck accident you have experienced, significant medical bills and lost wages are common consequences. Understanding your options for seeking financial restitution is crucial. Your first step is to contact an Iowa truck accident lawyer who can guide you through the process of filing a claim and seeking damages.

Seeking Damages After an Iowa Semi Truck Accident

To fight for damages, you will need to file a truck accident claim with the responsible insurance company. The insurance company will then send an adjuster to evaluate your damages. Be cautious, as the adjuster works for the insurance company and may not have your best interests in mind. Common tactics used by insurance companies include:

- Underestimating the value of your claim
- Delaying the investigation to frustrate you into accepting a low settlement
- Using their own medical professionals to downplay your injuries or claim a pre-existing condition

If the insurer refuses to pay what you deserve, you may need to pursue compensation through an Iowa truck accident lawsuit. An experienced lawyer can represent your interests in court and help secure the compensation you need.

Determining Liability After an Iowa Truck Accident

In a truck accident lawsuit, proving the defendant's negligence is crucial. You may be able to claim damages from several responsible parties, including:

- The truck driver
- The trucking or shipping company
- The safety director of the company
- The vehicle inspector
- The manufacturer of the truck

An Iowa truck accident lawyer can investigate your case to determine liability and represent your interests, allowing you to focus on recovery instead of dealing with insurance adjusters and settlement negotiations.

Common Types of Fatal Semi Truck Accidents

The five most common types of fatal truck accidents are:

1. Underride Accidents - Occur when smaller passenger vehicles drive underneath large commercial trucks.
2. Override Accidents - When a larger commercial truck drives over a smaller vehicle, motorcycle, or pedestrian.
3. Jackknife Accidents - Happen when a semi suddenly hits its brakes, and the trailer folds into the truck.
4. Head-on Collisions
5. Rollovers

Although these are the most common scenarios, truck accidents can occur in various other ways.

Preserving Truck Driver Records

It’s important to preserve all relevant records after a truck accident. Trucking companies have the right to destroy certain records after a specified period, which can hinder your case. To prevent this, an attorney can send a spoliation letter advising the company to preserve all pertinent documentation.

Preserving the Record of Duty Status

The driver’s record of duty status is crucial in establishing fault. This record includes the driver’s time on and off duty, use of the sleeper berth, and driving time. Federal Motor Carrier Safety Administration (FMCSA) regulations require that these records be maintained for at least six months. A spoliation letter can ensure these records are preserved for your claim.

Other Important Documents

Other valuable records may include the driver qualification files, which contain the driver’s motor vehicle record, employment application, annual driving record review, certification of violations, medical examiner’s certificate, and more. These documents can help determine if the driver was qualified to operate a big rig.

How a Spoliation Letter Can Protect Records

A spoliation letter is crucial for preserving evidence after a crash. An attorney can send this letter to the trucking company outlining the records that should be preserved. Detailed information on the types of documentation to be kept is provided, and the company is warned that destroying, altering, or erasing evidence could lead to additional damages.

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.