Gilbert Truck Accident Injury Attorneys

Trucking accidents within the broad highway networks can cause notable disruptions, frequently leading to serious injuries. In these challenging times, trucking injury lawyers act as reliable supporters, providing survivors with guidance and assistance. These attorneys specialize in the intricate field of trucking laws and regulations.

Truck Accident Insurance and Why to Conduct an Accident Investigation

There are significant differences between a truck accident and one involving only passenger cars. The injuries in truck accidents are often more severe, and the process of filing a claim can be more complex, especially when it involves proving that the trucking company was negligent. Trucking companies have their own insurance companies, which will aggressively defend their clients and may also use investigators to conduct accident investigations. Victims of truck accidents can benefit from the assistance of an Iowa personal injury attorney who can provide legal representation and help conduct a thorough investigation.

Reasons to Conduct a Truck Accident Investigation

The insurer for the truck company may employ various tactics to diminish the value of a claim or deny it entirely. Therefore, it is essential to preserve and collect any available evidence. Much of the necessary evidence must be obtained through the truck company, including employee records, maintenance records, and hours-of-service records. Unfortunately, there may be efforts to alter, change, or even destroy this evidence. Trucking companies are required to retain hours-of-service records for six months, but securing an attorney to send a spoliation letter can ensure that necessary documentation and records are preserved, allowing for a more thorough investigation.

Other Reasons to Hire an Iowa Personal Injury Attorney

Insurance companies may make requests that harm the victim, and an injured party may not fully understand their rights. For example, signing paperwork presented as a routine part of the process could end up hurting the claim. Insurance companies may also try to settle claims quickly, offering amounts that sound good but may not cover future medical and other expenses. An Iowa personal injury attorney can help prove the truck company's negligence and negotiate a fair settlement after a truck accident.

I Was Injured in an Accident with a Semi-Truck – What Are My Legal Options?

Semi-truck accidents are a serious matter, especially for motorists who are severely injured. Victims of large truck crashes have strong legal protections if they were not at fault. Understanding their rights and responsibilities is crucial when pursuing legal action against a trucking company.

Causes of Semi-Truck Accidents

Many heavy truck crashes are caused by driver error, such as sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems, such as depowered front brakes, tire failures, and transmission failures, also account for many crashes. Other causes include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

A personal injury action arising from an accident with a semi-truck must prove:
- A duty of care between the parties.
- The defendant breached that duty of care.
- The breach caused injury to the claimant/plaintiff.
- The claimant/plaintiff suffered damages.

These lawsuits hinge on whether a truck driver or other party acted negligently and failed to provide reasonable care to prevent injuries to others. Speeding and exceeding hours-of-service limitations are examples of negligent behavior that may leave a party liable for injuries. Iowa's modified comparative fault law states that an accident victim must be less than 51 percent at fault to recover damages. However, the victim's damages are reduced by their percentage of fault.

Liable Parties After the Crash and Challenges in Accident Cases

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern many aspects, such as driving hours, mandatory drug testing, and load weight limitations. Violations of these rules can indicate negligence, and if such a violation contributed to an accident, the responsible party can be held liable.

Trucking companies are often liable if their drivers cause an accident, as they are responsible for their drivers' actions. Trucks usually have onboard devices that record driver actions, and companies maintain these records and other logbooks according to federal laws. If these records could be relevant in a legal action, an attorney can send a spoliation letter to preserve them. Contacting an attorney after a truck accident is often a good idea for victims.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations in various areas, including commercial truck maintenance. Truck companies are responsible for maintaining their big rigs to ensure safety on the road.

Examples of FMCSA Truck Maintenance Regulations

Some of the federal regulations for maintaining large trucks include:
- Recordkeeping of inspections, repairs, and maintenance performed.
- Correcting any violations or defects noted on roadside inspection reports.
- Post-trip inspection reports at the end of each driving time.
- Periodic inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections require inspectors to meet special qualifications. For instance, brake inspectors must have adequate training and experience, and truck companies must keep evidence of these qualifications on file throughout the inspector’s employment and for an additional year after they leave.

Important Equipment for Truck Safety

Maintaining certain types of equipment on a truck is crucial. These include:
- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

All inspection, repair, and maintenance records must be kept by the truck company at the vehicle’s garage location and retained for six months after the vehicle is sold, scrapped, or otherwise disposed of. If poor truck maintenance caused a crash, the truck company can be considered negligent and liable for any resulting injuries.

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.