Kingsley Truck Accident Injury Attorneys

The wide network of highways often witnesses trucking accidents causing major disturbances and severe injuries. In such challenging times, trucking injury lawyers offer dependable support, providing survivors with guidance and assistance. These legal experts navigate the intricate field of trucking laws and regulations.

When filing an injury claim, your Iowa truck accident lawyer will need to gather certain types of records to use as evidence in your accident case. While you may be able to collect some documentation on your own, an attorney may need to help you pull information on the driver and the trucking company.

Essential Records for Your Truck Accident Claim

Police Report
The police report filed after your collision is crucial evidence in an accident case. It describes the accident scene and contains the officer’s opinion on who (or what) was at fault for the crash. If the other driver was impaired, this should be included in the report as well.

Medical Records
To recover compensation for your injury claim, you have to establish your injuries and the actual expenses and estimated costs for any future treatment or therapy that may be required. Since medical expenses often comprise a large portion of the compensation sought in an accident claim, providing adequate evidence is very important.

Truck Driver’s Driving Records
A pattern of reckless driving by the truck driver can strengthen your case. Your truck accident lawyer can use these records to show that the trucking company was at fault by allowing the driver to continue driving despite a history of reckless behavior.

Iowa follows detailed rules of the road as stated in Iowa Code Chapter 321. These rules include duty to yield, responsibility for striking a disabled car, and more. Iowa is a comparative fault state, meaning the fault of drivers involved in the accident is compared to each other. If a driver is found to be 51% or more at fault, they are not allowed to recover any damages. If the driver is found to be 50% or less at fault, their recoverable damages are reduced by their percentage of fault.

Common Ways Fault Is Proven in Iowa Car Accidents

1. Failure to Stop Within an Assured Distance, Maintain Control, or Follow Too Closely
   - Assured Clear Distance Ahead: Drivers must not drive at a speed greater than what permits them to stop within the visible clear distance ahead.
   - Failure to Maintain Control: Drivers must have their vehicles under control and reduce speed when approaching intersections.
   - Following Too Closely: Drivers must maintain a reasonable distance considering speed, traffic, and road conditions.

2. Failing to Yield
   - Intersections and Turns: Vehicles must yield at intersections and when making turns.
   - Backing Onto a Highway: Drivers must yield when backing onto a highway.
   - Slow Moving Vehicles: These must be driven in the right-hand lane or as close as possible to the right-hand curb or edge of the road.

3. Failing to Obey Traffic Control Devices
   - Traffic Lights and Signs: Drivers must obey traffic signals and signs.
   - Making a Left Turn Across Traffic: Drivers must yield to oncoming traffic before making a left turn.

Trucking companies have the right to destroy certain records after a specified period. To prevent this, an attorney can send a spoliation letter, which advises the company that all pertinent documentation must be preserved, maintained, and protected.

Important Documents in a Truck Accident Case

Record of Duty Status
The driver’s record of duty status includes time on and off duty, use of the sleeper berth, and the amount of time spent driving. Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require these records be maintained for at least six months.

Driver Qualification Files
These files include motor vehicle records, employment application, annual review of driving record, certification of violations, medical examiner’s certificate, and more. They can help determine if the truck driver was qualified to operate a big rig.

Vehicle Maintenance Records
Records of vehicle maintenance and inspections can help establish whether the truck was properly maintained and if any mechanical issues may have contributed to the accident.

How a Spoliation Letter Can Protect Truck Driver Records

Preservation of evidence is critical after a crash. The sooner an attorney can secure these records, the quicker a case can be built. A spoliation letter should detail the types of documentation to be preserved and stipulate that evidence must not be destroyed, erased, altered, or otherwise manipulated.

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.