Garner Truck Accident Injury Attorneys

In the broad expanse of highways, trucking accidents can result in major disruption, often causing serious injuries for those affected. In such tumultuous times, trucking injury lawyers serve as steadfast advocates, offering support and direction to survivors. These attorneys are experts in handling the complex world of trucking laws and regulations.

After a truck accident, it is crucial to gather and preserve evidence to support your claim. However, trucking companies have the right to destroy certain records after a specified period. This article explores how to ensure these records are preserved, the differences between city and regular truck accident claims, and the regulations governing truck maintenance that may impact your case.

Preserving Truck Driver Records Post-Accident

Right to Destroy Records

Trucking companies are allowed to destroy specific truck driver records after a set time. Key documents such as the driver’s record of duty status, which includes information about time on and off duty, use of the sleeper berth, and driving time, are vital in establishing fault in a truck accident.

Importance of a Spoliation Letter

To prevent the destruction of crucial evidence, an attorney can send a spoliation letter to the trucking company. This letter demands that all relevant documentation be preserved, maintained, and protected. The Federal Motor Carrier Safety Administration (FMCSA) mandates that trucking companies keep records of duty status and supporting documents for at least six months.

Other Important Documents

Beyond the duty status records, other valuable documents might include the driver’s qualification files, which contain the motor vehicle record, employment application, driving record reviews, certification of violations, and medical examiner’s certificate. These records can help determine if the driver was qualified to operate a commercial vehicle.

Effectiveness of a Spoliation Letter

A spoliation letter should specify the types of documentation to be preserved and make it clear that any destruction, alteration, or manipulation of evidence could result in additional damages. Prompt action by an attorney can facilitate the swift collection of evidence and strengthen your case.

Differences Between City and Regular Truck Accident Claims

Government Involvement

Claims involving city trucks, such as fire engines, buses, utility vehicles, and garbage trucks, differ from regular truck accident claims because they involve government entities. Filing a claim against a government entity requires different procedures and can be more complicated.

Importance of Legal Assistance

Given the complexities of filing a city truck accident claim, consulting with a personal injury lawyer is essential. They can help ensure all necessary information is included to avoid devaluation or voiding of your claim.

FMCSA Regulations for Commercial Truck Maintenance

Maintenance Regulations

The FMCSA enforces regulations to ensure the proper maintenance of commercial trucks. Trucking companies are responsible for keeping records of inspections, repairs, and maintenance, correcting any violations noted during roadside inspections, conducting post-trip inspections, and performing periodic inspections at least once every 12 months.

Inspector Qualifications

Certain inspections, such as those for brakes, must be conducted by qualified inspectors. Truck companies must keep evidence of inspectors’ qualifications on file throughout their employment and for a year after they leave.

Equipment Maintenance

Critical equipment that must be maintained includes brakes, lights, reflectors, windshield wipers, steering mechanisms, emergency equipment, tires, wheels/rims, horns, rearview mirrors, and coupling devices. Records of inspections, repairs, and maintenance must be kept at the vehicle’s garage location and for six months after the vehicle is sold or otherwise disposed of.

Liability for Poor Maintenance

If poor truck maintenance is suspected to have caused an accident, the trucking company can be held liable for resulting injuries. Ensuring that all maintenance records are preserved and examined is crucial for establishing negligence.

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.