Grundy Center Truck Accident Injury Attorneys

In the vast realm of highway networks, trucking accidents can result in major upheaval, often leading to severe injuries for those affected. During such challenging situations, trucking injury lawyers act as steadfast advocates, offering support and direction to survivors. These attorneys specialize in handling the complex field of trucking laws and regulations.

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

A city truck accident claim differs from a regular truck accident claim primarily because it involves the government. This means that your claim must be filed in City Hall rather than through an insurance company. Filing a suit against a government entity can be more complex and challenging, which is why victims in Iowa should consult a personal injury lawyer in Grundy Center to protect their rights.

Filing a City Truck Accident Claim

City trucks can include:
- Fire engines
- Buses
- Utility vehicles
- Garbage trucks

If you have been injured in an accident with a government vehicle in Grundy Center, you can fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. This form requires general information about:
- Your car
- Any injuries
- Witnesses to the accident
- A description of the accident

When submitting the form, you should attach any relevant documents or other evidence, such as pictures of injuries sustained, damages to your vehicle, and any other pertinent physical evidence. Additionally, it requires two different estimates for the damages claimed for any property damage resulting from the accident.

If the city denies your claim, you may choose to pursue a lawsuit to recover damages. A personal injury attorney can assist you in filing your claim form with the city to avoid the risk of omitting essential information, which could devalue or void your claim altogether.

Preservation of Truck Driver Records

A commercial trucking company is required to preserve hours of service records for only six months. After this period, the company may legally destroy these records. However, driver qualification records must be kept as long as the driver is employed and then for three years thereafter.

To prevent the destruction of relevant records, an attorney can send a spoliation letter to the trucking company, ensuring the preservation of truck driver records and other documents or evidence crucial to an upcoming or ongoing truck accident claim or lawsuit.

Truck Driver Records in a Truck Accident Claim

A large volume of evidence is usually available in a truck accident, with truck driver records providing crucial pieces of evidence. These records may include:
- Medical records indicating whether the driver was fit to drive
- Cell phone records indicating if the driver was on the phone
- Qualification file indicating if the driver was qualified to operate a truck
- Employment history
- Driving history of the at-fault driver, including a list of driving violations

The "Black Box" After a Truck Accident

The "black box" recorder in the truck can provide valuable evidence in a truck accident case, including logs of whether the truck driver was operating beyond the limits of “hours of service” regulations and was fatigued.

Truck drivers are limited in the time they can spend behind the wheel and on duty. For instance, drivers of property-carrying vehicles cannot drive more than one hour after 10 consecutive hours off duty and cannot drive beyond the 14th consecutive on-duty hour. Drivers must keep information from the last seven days onboard, and employers must preserve it for at least six months. Accident claims often extend beyond this period, making it essential to send a spoliation letter to preserve these records.

When a Delivery Driver Causes a Commercial Truck Accident

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle occurs, the injuries are often severe. Here’s what you need to know about recovery and liability if you’ve been involved in an accident with a commercial vehicle in Iowa.

Liability in Commercial Truck Accidents

Typically, either the driver of the vehicle or the company that owns the truck will be held liable when an accident involving a commercial vehicle occurs. If the driver is an employee of the trucking company, the company will usually be held liable under the legal doctrine of respondeat superior, which means that an employer is liable for the actions of its employees while they are acting under employment.

However, if the driver is an independent contractor, the driver may be held liable rather than the company. In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions and a defective part on the truck causes the crash. In such scenarios, the manufacturer of the truck or a truck part, the shipper, or the party responsible for loading the truck’s cargo may be held liable.

Proving Liability

To prove the negligence of the at-fault party in a commercial truck accident, examples of negligence may include:
- Failing to perform an inspection or maintenance on the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failure to adhere to traffic laws

Negligence is any act or failure to act reasonably, as compared to what another person in the same situation would do. Trucking companies will thoroughly investigate a commercial truck crash, so it is essential to prepare and preserve evidence.

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.