Guttenberg Truck Accident Injury Attorneys

Trucking accidents on the extensive highway networks frequently cause substantial disruptions, often leading to serious injuries. In such difficult circumstances, trucking injury attorneys serve as reliable supporters, offering survivors guidance and aid. These attorneys are experts in the intricate landscape of trucking laws and regulations.

Is it True That a Trucking Company Can Destroy Truck Driver Records Pertaining to My Truck Accident?

In the aftermath of a truck accident, securing and preserving crucial evidence is paramount. Trucking companies have the legal right to destroy certain driver records after a specified period, which can complicate your claim. To counter this, an attorney can send a spoliation letter, mandating the preservation of all relevant documentation. This article delves into the importance of preserving evidence, filing claims for accidents caused by falling cargo, and why conducting thorough accident investigations is essential.

Preserving the Record of Duty Status

One of the most critical pieces of evidence in establishing fault in a truck accident is the driver’s record of duty status. This log includes information about the driver’s time on and off duty, use of the sleeper berth, and the amount of time spent driving. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies must maintain these records for at least six months. A spoliation letter from an attorney can notify the trucking company to preserve these records, as they are vital to your claim.

Other Important Documents in a Truck Accident Case

Various other records maintained by the trucking company can be crucial, depending on the specifics of the crash. For example, driver qualification files, which include motor vehicle records, employment applications, annual reviews of driving records, and medical examiner certificates, may be relevant. These documents can help determine if the driver was qualified to operate the truck. To ensure these records are protected, an attorney may send a spoliation letter.

How a Spoliation Letter Can Protect Evidence

The preservation of evidence is critical after a crash. Engaging an attorney promptly allows time to send a spoliation letter to the trucking company, outlining the records that should be preserved. The letter should specify that evidence must not be destroyed, erased, altered, or otherwise manipulated, and it should put the company on notice that additional damages could be sought if they fail to comply. Obtaining these records swiftly is crucial for building a robust case.

Filing a Truck Accident Claim for Falling Cargo

Drivers struck by falling cargo from a large truck can file a truck accident claim. Unsecured loads, whether exposed or enclosed in a trailer, pose significant hazards. Truck drivers and companies have a responsibility to secure cargo to prevent such accidents. Victims of accidents caused by falling cargo can file a claim even if the truck did not physically crash into their vehicle. To file a claim, a driver must suffer damages or injuries caused by the falling cargo.

Determining Accident Liability

Liability in a truck accident claim hinges on several factors. If the truck driver loaded the cargo, they might be responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, they could bear responsibility. Under the doctrine of respondeat superior, the trucking company may be liable for injuries caused by their employees during the course of employment. If a third-party loaded the cargo, that party might hold liability. In cases involving product defects, the manufacturer of the trailer could also be held liable.

Conducting a Truck Accident Investigation

Truck accidents often result in more serious injuries than those involving only passenger cars, necessitating a thorough investigation. Truck companies have their own insurance firms and investigators who will work to diminish or deny claims. An Iowa personal injury attorney can conduct an independent investigation, preserving evidence and ensuring a fair settlement.

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.