La Porte City Truck Accident Injury Attorneys

The broad spectrum of highways often sees trucking accidents resulting in significant disturbances and serious injuries. During these challenging circumstances, trucking injury lawyers provide dependable support, offering guidance and assistance to those impacted. These legal experts are well-versed in the complex field of trucking laws and regulations.

Preserving Evidence After a Truck Accident

When involved in a truck accident, the records maintained by the trucking company can be crucial in establishing fault and proving your case. Trucking companies have the right to destroy certain records after a specified period, making it vital to act quickly to ensure these records are preserved.

Key Records to Preserve

Record of Duty Status

One of the most significant pieces of evidence is the truck driver’s record of duty status. This document details the driver's time on and off duty, sleeper berth usage, and actual driving time. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies must keep these records and supporting documents for at least six months.

Other Critical Documents

In addition to the duty status records, other important documents include the driver qualification files, which contain:
- Motor vehicle record
- Application for employment
- Annual review of the driving record
- Certification of violations
- Medical examiner’s certificate

These records can help determine if the driver was qualified to operate the truck. Maintenance records, logbooks, inspection reports, and communication logs are also essential for building your case.

Sending a Spoliation Letter

To prevent the destruction of these records, your attorney can send a spoliation letter to the trucking company. This letter formally requests the preservation of all relevant documentation and warns of potential legal consequences if the records are destroyed or altered. The letter should specify the types of documents to be preserved and highlight that any manipulation of the evidence could lead to additional damages.

Trucking Regulations and Laws for Drivers in Iowa

State and Federal Regulations

Truck drivers in Iowa must comply with both state laws and regulations enforced by the FMCSA. These regulations are designed to ensure safety on the roads and can play a critical role in a truck accident injury case.

Iowa-Specific Regulations

Texting and Cell Phone Use

Iowa law prohibits all drivers, including truck drivers, from texting while driving. Additionally, talking on a hand-held cell phone is banned.

Accident Reporting

In Iowa, an accident report must be filed if:
- Property damage to all vehicles involved totals $1,500 or more
- Any person is injured
- Any person is killed

Hazardous Materials

The Iowa Department of Transportation (DOT) enforces strict rules for transporting hazardous materials. Trucks carrying such materials must have a placard, and in case of an accident, local law enforcement, the Iowa State Patrol, and other relevant agencies must be notified.

Reviewing Violations

If a truck driver violates these regulations and it contributes to an accident, an injury lawyer can help determine fault and liability. Understanding and citing these violations can significantly impact the outcome of your claim.

Truck Company Negligence for Poor Maintenance

Poor maintenance of commercial trucks can lead to severe accidents. The FMCSA mandates that trucking companies maintain their vehicles to prevent equipment failures.

Common Equipment Failures

Brake Failure

Worn-out brakes can prevent a truck from stopping in time, leading to collisions. Jackknifing can occur if front brakes are depowered or removed, causing the trailer to fold and potentially crush nearby vehicles.

Tire Issues

Tire blowouts and worn treads can result in dangerous loss of control. Proper tire maintenance is crucial for preventing accidents.

Lighting and Visibility

Non-functioning lights and faulty windshield wipers can impair a driver's visibility, increasing the risk of accidents.

Trailer Attachment

If a trailer is not properly secured, it can detach or swing uncontrollably, posing a serious hazard to other road users.

Pursuing Compensation for Truck Company Negligence

When poor maintenance causes an accident, victims may seek compensation for various damages, including:
- Medical expenses (ambulance, hospitalization, follow-up visits, medication, physical therapy)
- Lost income (both immediate and long-term)
- Property damage
- Pain and suffering
- Disability and disfigurement
- Reduced quality of life
- Emotional distress (mental anguish, PTSD)

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.