Independence Truck Accident Injury Attorneys

 Within the vast realm of highways, trucking accidents can create considerable disruption, often causing serious injuries for those affected. In such turbulent situations, trucking injury lawyers stand as steadfast supporters, offering support and assistance to survivors. These legal experts are adept at handling the intricate landscape of trucking laws and regulations.

Semi truck accidents are a serious matter, especially for motorists severely injured in crashes. Victims of large truck crashes have strong legal protections if they were not at fault in the accident. It's important that victims understand their rights and responsibilities when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

Many heavy truck crashes are caused by driver error—factors such as sleep deprivation, use of prescription or recreational drugs, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems account for many of the other crashes. Depowered front brakes, failing to replace tires, and transmission failure are common mechanical issues. Other causes of truck accidents include loading errors, improper securing of loads, improper load distributions, and manufacturing errors.

Establishing Negligence in Truck Accident Cases

A personal injury action following an accident with a semi truck must prove four elements:

1. Duty of Care: The defendant owed a duty of care to the plaintiff.
2. Breach of Duty: The defendant breached that duty of care.
3. Causation: The breach caused the injury to the plaintiff.
4. Damages: The plaintiff suffered damages as a result.

These lawsuits typically 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 the hours-of-service limitations are examples of negligent behavior that may leave a party liable for injuries.

Iowa is a modified comparative fault state. An accident victim must be less than 51 percent at fault in an accident to recover damages. However, the victim's damages are reduced by their percentage of fault. For instance, if the victim was 10 percent at fault and suffered $10,000 in damages, damages are reduced by $1,000.

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. Federal Motor Carrier Safety Administration (FMCSA) regulations govern various aspects of trucking, such as hours-of-service limitations, mandatory drug testing, and load weight limits. A violation of these rules may be indicative of negligence, and if it caused or contributed to an accident, the party in violation could be liable.

A trucking company could be held liable if one of its drivers causes an accident. These companies are responsible for their drivers' actions, so if a driver caused your accident, the company might be liable in any legal action that results from the incident.

Preserving Evidence After a Truck Accident

Trucks often carry onboard devices that record driver actions while the truck is on the road. Companies maintain these records and other logbooks according to federal laws and company policies. If a victim believes these records or other evidence in the truck company's possession could be relevant in a legal action, an attorney can send a spoliation letter to the company to preserve it. This is why contacting an attorney after a truck accident is often a good idea for accident victims.

Truck Driver Records That Could Be Used in a Truck Accident Claim

A large volume of evidence is usually available in the event of a truck accident, and the truck driver’s records provide some of the most crucial pieces of evidence:

- Medical records indicating whether the driver was fit to drive
- Cell phone records showing if the driver was on the phone
- Qualification file indicating if the driver was qualified to operate a truck
- Employment history
- Driving history, 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. This includes logs of whether the truck driver was operating beyond the limits of "hours of service" regulations and was fatigued. Drivers of property-carrying vehicles, for instance, cannot drive more than one hour after 10 consecutive hours off duty and cannot drive beyond the 14th consecutive on-duty hour. Employers must keep records of this information for at least six months.

Why Hire a Car Accident Attorney?

If you or someone you care about has been injured in a car crash, you have probably asked yourself, "Why would I hire a car accident attorney?"

When You May Not Need an Attorney

1. If you only sustained property damage to your vehicle and the insurance company for the other driver has taken care of it.
2. Your injuries are minor and only required minimal medical treatment.
3. You can reach what you consider a fair settlement with the insurance company.

When You Should Consult an Attorney

1. When you have been hospitalized for your injuries.
2. You required surgery to treat your injuries.
3. You have permanent injuries caused by the car crash.
4. The other driver was under the influence of alcohol or drugs.

Common Mistakes People Make When Representing Themselves

1. Accepting an offer that was far too low and then finding out they had to pay back their health insurance from the settlement, leaving them with no compensation for their injuries.
2. Accepting the policy limits for the other driver without verifying by affidavit that this is the only coverage available.
3. Failing to contact their own insurance company to obtain compensation for underinsured motorist coverage.

How a Qualified Car Accident Attorney Can Help

1. Make sure your rights are protected under Iowa law.
2. Handle contact with all insurance companies on your behalf.
3. Find all applicable insurance policies and try to make the best recovery possible for you.
4. Handle contact with subrogation companies, hospitals, and other medical providers.
5. Provide experienced advice about the case’s worth and, if necessary, represent you in court.

If you have questions about your car accident claim, call one of our attorneys at (641) 792-3595. We offer car accident evaluations at no cost or risk to you.

How Long Does It Have to Preserve Truck Driver Records Before It Can Destroy Them?

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

A spoliation letter can be sent to the company by an attorney to prevent the company from destroying truck driver records and any other documents or evidence relevant to an upcoming or ongoing truck accident claim or lawsuit.

If a truck accident victim thinks that records – or other evidence in the truck company's possession – could be relevant in a legal action, it is crucial to send a spoliation letter to preserve them.

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.