Lake City Truck Accident Injury Attorneys

Across the extensive highway networks, trucking accidents can cause substantial interruptions and serious injuries. In these trying situations, trucking injury attorneys act as dependable supporters, providing survivors with guidance and support. They are specialists in the intricate aspects of trucking laws and regulations.

Protecting Truck Driver Records and Navigating Truck Accident Claims

Truck accidents can be complex, involving numerous factors that contribute to liability and the severity of the incident. In the aftermath of a truck accident, securing relevant records and evidence is crucial for establishing fault and pursuing a successful claim. Here is an in-depth look at how trucking companies handle records, the role of federal regulations, and the types of documentation needed for a truck accident claim in Iowa.

Can Trucking Companies Destroy Records?

Yes, trucking companies can legally destroy certain truck driver records after a specified period of time. This poses a significant risk for those involved in a truck accident, as crucial evidence may be lost. However, there are measures you can take to prevent this destruction.

Spoliation Letters

One of the most effective ways to ensure records are preserved is by having an attorney send a spoliation letter to the trucking company. This letter instructs the company to retain all relevant documentation related to the accident. It specifies that evidence must not be destroyed, erased, altered, or otherwise manipulated, and it warns that failure to comply could result in additional damages sought.

Importance of the Record of Duty Status

The driver’s record of duty status (RODS) is vital in establishing fault in a truck accident. This record includes information about the driver’s hours on and off duty, use of the sleeper berth, and driving hours. Federal Motor Carrier Safety Administration (FMCSA) regulations mandate that these records, along with supporting documents, be kept for at least six months. A spoliation letter ensures these records are preserved for your case.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Truck Maintenance

The FMCSA enforces regulations that trucking companies must follow to ensure the safety and maintenance of their vehicles. These regulations are critical when investigating the cause of a truck accident and determining liability.

Key FMCSA Maintenance Regulations

1. Recordkeeping: Trucking companies must keep detailed records of all inspections, repairs, and maintenance performed.
2. Correcting Violations: Any defects or violations found during roadside inspections must be corrected.
3. Post-Trip Inspection Reports: Drivers are required to complete inspection reports at the end of each driving period.
4. Periodic Inspections: Trucks must undergo periodic inspections at least once every 12 months.

Qualified Inspectors

Certain inspections, like those for brakes, require inspectors to have specific training and experience. Trucking companies must maintain records of these qualifications during the inspector’s employment and for an additional year afterward. Ultimately, the truck company is responsible for ensuring that all maintenance is up to standard.

Critical Safety Equipment

Proper maintenance of the following equipment is essential for truck safety:
- Brakes
- Lights and reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires and wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

Essential Records for Your Truck Accident Claim

When filing an injury claim after a truck accident, it’s essential to gather specific records to support your case. An experienced Iowa truck accident lawyer can assist in obtaining the necessary documentation.

Police Report

The police report is a critical piece of evidence. It details the accident scene and includes the officer’s assessment of fault. If the truck driver was impaired, this information would be in the report as well.

Medical Records

To claim compensation for injuries, you need to provide medical records that document your injuries, treatment expenses, and any future medical needs. This evidence is crucial for substantiating the compensation you seek.

Truck Driver’s Driving Records

The truck driver’s driving records can reveal patterns of reckless driving. If a history of reckless behavior is found, it strengthens the argument that the trucking company was negligent in allowing the driver to continue operating the vehicle.

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.