Eldridge Truck Accident Injury Attorneys

 Across the extensive realm of highways, trucking accidents can cause substantial disturbances, frequently leading to severe injuries for those involved. In these challenging moments, trucking injury lawyers act as unwavering supporters, providing support and direction to survivors. These legal professionals specialize in navigating the complex terrain of trucking laws and regulations.
Iowa enforces specific regulations for truck drivers, in addition to the federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These laws are essential in personal injury cases, especially if a truck driver is found in violation of these regulations. Understanding these laws can be crucial for victims seeking legal recourse after a truck accident.

Iowa Laws for Truck Drivers

One key regulation in Iowa is the prohibition of texting and using a hand-held cell phone while driving, which applies to all drivers, including those operating semi-trucks.

Accident reporting in Iowa is mandatory under specific conditions:
- Property damage to all vehicles involved is $1,500 or greater.
- At least one person is injured.
- At least one person is killed.

Specific rules also apply to the transportation of hazardous materials. Trucks carrying hazardous materials must have a proper placard. In case of an accident involving hazardous materials, local law enforcement or Iowa State Patrol Communications must be notified. Additionally, the Iowa DOT’s Office of Motor Vehicle Enforcement and the Iowa Department of Natural Resources (DNR) will be involved.

Laws concerning maximum weight and length requirements for trucks on Iowa’s roads and highways are also in place. An injury lawyer can review these regulations in the event of an accident to determine if any violations contributed to the crash.

Preventing the Destruction of Truck Driver Records

Trucking Company Records

After a truck accident, trucking companies have the right to destroy certain records after a specified period. To prevent this, an attorney can send a spoliation letter to the trucking company. This letter instructs the company to preserve, maintain, and protect 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 the amount of time spent driving. FMCSA regulations require trucking companies to maintain these records for at least six months. A spoliation letter ensures these records are preserved for the truck accident claim.

Other Important Documents

Other valuable records might include the driver qualification files, which contain motor vehicle records, employment applications, annual reviews, certifications of violations, and medical examiner’s certificates. These records can help determine if the truck driver was qualified to operate a big rig.

An attorney may also request the preservation of records regarding the vehicle's maintenance and inspection history. Sending a spoliation letter promptly after the accident is essential to ensure these records are not destroyed, altered, or erased.

Role of the Spoliation Letter

A detailed spoliation letter should outline the types of documentation, records, and paperwork that must be preserved. The letter should state that evidence must not be destroyed or manipulated and warn that additional damages could be sought if the company fails to comply. 

Filing a Truck Accident Claim for Falling Cargo

Accidents Involving Falling Cargo

Drivers struck by falling cargo from a large truck can file a truck accident claim. Unsecured loads, whether inside a tractor-trailer or exposed on a flatbed, pose significant hazards. Iowa law firms, such as those in Eldridge, can assist victims in establishing liability and recovering compensation for damages caused by such incidents.

Filing a Claim

Even if the truck does not physically collide with another vehicle, victims of accidents caused by falling cargo can still file a claim. Truck drivers and companies are responsible for securing cargo to prevent injuries to others. A lawyer can determine if a victim has a valid claim based on the damages or injuries sustained from the falling cargo.

Determining Liability

Establishing liability is critical in a truck accident claim. If the truck driver loaded the cargo, they might be held responsible. If another employee of the trucking or shipping company loaded the cargo, that employee might also bear some responsibility. Under the doctrine of respondeat superior, the trucking company could be liable for the actions of its employees.

If a defect in the trailer caused the cargo to fall, the trailer manufacturer might also be held liable. Multiple parties, including the trucking company and other companies, could be at fault. An Iowa law firm can review the facts of the case and help establish liability.

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.