Farley Truck Accident Injury Attorneys

Trucking accidents within the extensive highway networks often cause major interruptions, frequently resulting in severe injuries. During these difficult situations, trucking injury attorneys act as trustworthy allies, offering support and assistance to those impacted. They navigate the intricate aspects of trucking laws and regulations.

Can a Trucking Company Destroy Truck Driver Records Pertaining to My Truck Accident?

Understanding the nuances of trucking company policies and legal regulations is crucial when dealing with truck accident claims. One pertinent question often arises: Is it true that a trucking company can destroy truck driver records after an accident? The answer lies within specific legal frameworks and regulatory requirements. This article delves into the processes, protections, and implications surrounding truck driver records and their preservation post-accident.

Preserving the Record of Duty Status

One of the most vital pieces of evidence in establishing fault in a truck accident is the driver’s record of duty status (RODS). This record details the driver’s time on and off duty, use of the sleeper berth, and the amount of time spent driving. Federal Motor Carrier Safety Administration (FMCSA) regulations mandate that trucking companies maintain RODS and supporting documents for at least six months. However, there is a risk that these records could be destroyed once this period elapses, potentially hampering the investigation.

The Role of a Spoliation Letter

To prevent the destruction of crucial evidence, a spoliation letter can be a powerful tool. Sent by an attorney, this letter instructs the trucking company to preserve, maintain, and protect all pertinent documentation related to the accident. It specifically requests that the company refrain from destroying, altering, or otherwise manipulating any evidence. The spoliation letter serves as a formal notice, ensuring that all relevant records are preserved for legal review and to build a robust case.

Other Important Documents

Beyond the RODS, other documents can be essential in a truck accident case. These include driver qualification files, which contain motor vehicle records, applications for employment, annual reviews of driving records, certification of violations, and medical examiner’s certificates. These records can help determine if the driver was qualified to operate the truck and if any negligence occurred on the part of the trucking company in hiring or monitoring the driver.

The Importance of Immediate Legal Action

Securing an attorney promptly after a truck accident is crucial. The attorney can send a spoliation letter and gather other vital evidence before it is potentially lost or destroyed. Early legal intervention ensures that all necessary documentation is preserved, allowing for a comprehensive investigation and a strong legal case.

How Does a City Truck Accident Claim Differ from a Regular Truck Accident?

Filing a city truck accident claim differs significantly from regular truck accident claims primarily because it involves a government entity. This section explores the unique processes and considerations involved in pursuing claims against city trucks, such as fire engines, buses, utility vehicles, and garbage trucks.

Filing a City Truck Accident Claim

When injured in an accident with a government vehicle, the claim process involves submitting an Automobile Claim Form to the Legal Department at City Hall rather than filing through an insurance company. This form requires detailed information about the accident, injuries, witnesses, and vehicle damage, including two different estimates for the claimed property damage.

Challenges and Legal Assistance

Filing against a government entity can be more complex and challenging compared to private entities. Therefore, consulting with a personal injury lawyer is advisable. A lawyer can help ensure that all necessary information is included in the claim form, thereby maximizing the chances of a successful outcome. If the city denies the claim, the lawyer can assist in pursuing a lawsuit to recover damages.

Seeking Help from a Personal Injury Lawyer

According to the National Highway Traffic Safety Administration (NHTSA), there were 390 traffic fatalities in Iowa in 2010. If injured due to the negligence of a city truck driver, contacting a lawyer can be crucial. They can review the case details and help file the claim form correctly to avoid undervaluing or voiding the claim.

Systems That Prove Fault in Iowa Car Accidents

Iowa follows specific rules of the road detailed in Iowa Code Chapter 321. These rules are fundamental in determining fault in car accidents. Iowa’s comparative fault system means that fault is compared between the drivers involved, impacting the recoverable damages based on each driver’s percentage of fault.

Common Ways to Prove Fault

1. Failure to Stop Within an Assured Distance, Maintain Control, and Follow Closely
   - Assured Clear Distance Ahead: Drivers must stop within a visible distance of the road ahead.
   - Failure to Maintain Control: Drivers must control their vehicles, especially when approaching intersections.
   - Following Too Closely: Drivers must maintain a reasonable distance from the vehicle ahead.

2. Failing to Yield
   - Uncontrolled Intersections: Yield to the vehicle on the right.
   - Left Turns: Yield to oncoming traffic before turning.

3. Failing to Obey Traffic Control Devices
   - Stoplights: Comply with signals and yield to vehicles and pedestrians lawfully within intersections.
   - Left Turns Across Traffic: Yield to oncoming vehicles that pose an immediate danger.

Comparative Fault in Iowa

Iowa’s comparative fault system allows drivers found to be 50% or less at fault to recover damages reduced by their percentage of fault. For instance, if a driver is 25% at fault and sustains $100,000 in damages, the recoverable amount would be $75,000.

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.