Humboldt Truck Accident Injury Attorneys

 Across the wide-reaching world of highway systems, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic moments, trucking injury lawyers act as firm advocates, providing guidance and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.

How Long Does a Trucking Company Have to Preserve Truck Driver Records?

When it comes to commercial trucking, the preservation of records related to truck drivers is crucial for various legal and regulatory reasons. These records can be vital in the event of a truck accident, providing necessary evidence to establish fault and negligence. Trucking companies have specific rights and obligations regarding the duration they must keep these records before they can legally destroy them. This article explores these requirements, the types of records involved, and the implications for truck accident claims.

Preservation Periods for Truck Driver Records

Under federal regulations, a commercial trucking company must preserve hours of service records for a period of six months. After this period, the company has the right to destroy these records. However, certain other records must be retained for a longer duration. For instance, driver qualification files, which include medical records, employment history, and driving history, must be kept as long as the driver is employed by the company and for three years thereafter.

Preventing the Destruction of Evidence

In the context of a truck accident claim, it is crucial to prevent the destruction of pertinent records. An attorney can send a spoliation letter to the trucking company, formally requesting the preservation of all relevant documents and evidence related to the accident. This includes:

- Medical records indicating the driver’s fitness to drive.
- Cell phone records to determine if the driver was using the phone at the time of the accident.
- Qualification files to verify the driver’s qualifications.
- Employment and driving history, including any past violations.

The Role of the "Black Box" in Truck Accident Claims

One of the most significant pieces of evidence in a truck accident case is the "black box" or electronic logging device (ELD) installed in commercial trucks. This device records critical data such as the driver’s hours of service, vehicle speed, braking patterns, and more. Drivers are required to maintain a record of the last seven days of operation onboard, while employers must preserve these records for six months. In the event of an accident, this data can be pivotal in demonstrating whether the truck driver was complying with federal regulations.

Truck Company Negligence in Maintenance

Truck accidents can often be attributed to poor maintenance and negligence on the part of the trucking company. The Federal Motor Carrier Safety Administration (FMCSA) mandates strict regulations for the maintenance of commercial trucks. Trucking companies must keep detailed records of inspections, repairs, and maintenance activities. Failure to adhere to these regulations can lead to severe accidents, making the company liable for any resulting damages.

Types of Equipment Problems Due to Poor Maintenance:

- Brake Failure: Worn-out brakes can prevent a truck from stopping in time, leading to collisions.
- Tire Blowouts: Poorly maintained tires can burst, causing the driver to lose control.
- Lighting Issues: Faulty lights can reduce visibility, increasing the risk of accidents.
- Attachment Problems: Improperly attached trailers can detach or swing out of control.

FMCSA Regulations for Truck Maintenance

The FMCSA sets forth comprehensive regulations for the maintenance of commercial trucks to ensure safety on the roads. Key regulations include:

- Recordkeeping: Companies must keep detailed records of all inspections, repairs, and maintenance performed on their vehicles.
- Corrective Actions: Any violations or defects noted during inspections must be promptly addressed and corrected.
- Post-Trip Inspections: Drivers are required to complete an inspection report at the end of each driving period, documenting any issues.
- Periodic Inspections: Trucks must undergo a thorough inspection at least once every 12 months.

Importance of Proper Maintenance

Certain types of equipment are crucial for the safe operation of a truck, including brakes, lights, reflectors, windshield wipers, and steering mechanisms. Ensuring these components are well-maintained can prevent accidents and protect lives. When poor maintenance is identified as a contributing factor in a truck accident, the trucking company can be held accountable for the damages.

Recoverable Damages in Truck Accident Claims

Victims of truck accidents caused by negligence or poor maintenance can seek compensation for a wide range of damages, including:

- Medical Expenses: Costs related to emergency services, hospitalization, medication, and ongoing medical care.
- Lost Income: Compensation for lost wages during the recovery period and potential loss of earning capacity.
- Property Damage: Costs to repair or replace the damaged vehicle.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.

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.