Lisbon Truck Accident Injury Attorneys

The wide expanse of highways often witnesses trucking accidents causing major disruptions and serious injuries. In such difficult situations, trucking injury lawyers offer reliable support, providing survivors with guidance and aid. These attorneys are experts in the detailed aspects of trucking laws and regulations.

Can I File a Truck Accident Claim if My Vehicle Was Struck by Falling Cargo?

If your vehicle was struck by falling cargo from a large truck, you may be wondering if you can file a truck accident claim. The answer is yes. Accidents involving unsecured loads are unfortunately common, and truck accident lawyers are well-versed in handling these cases. Whether the cargo is secured inside a tractor-trailer or exposed on a flatbed, unsecured loads can cause serious accidents and injuries. This article explores how to file a claim, determine liability, and take necessary steps if you're involved in such an accident.

Filing a Truck Accident Claim for Falling Cargo

Even if the truck does not physically collide with your vehicle, you can still file a truck accident claim if falling cargo causes damage or injury. Truck drivers and trucking companies have a responsibility to secure their cargo to prevent it from falling and causing accidents. If you suffer damages or injuries from falling cargo, you have a right to file a claim. An Iowa law firm in Lisbon can help you understand your rights and determine if you have a valid claim.

Steps to Take After an Accident:

1. Document the Scene: Take pictures of the accident scene, the fallen cargo, and any damages.
2. Gather Witness Information: Collect names and contact details of any witnesses.
3. Report to Authorities: Ensure the incident is reported to the police.
4. Seek Medical Attention: Get a medical evaluation even if you don’t feel injured immediately.

Determining Liability

Determining liability is a crucial aspect of a truck accident claim involving falling cargo. Several parties could be held responsible, including the truck driver, the trucking company, and third-party loaders.

Potentially Liable Parties:

- Truck Driver: If the driver improperly secured the load, they could be liable.
- Trucking Company: Under the doctrine of respondeat superior, the company can be held liable for their employees' actions during the course of their employment.
- Third-Party Loaders: If an external party loaded the cargo, they might be responsible for ensuring it was properly secured.
- Manufacturer: If a defect in the trailer or securing equipment caused the cargo to fall, the manufacturer might be liable.

Evidence to Establish Liability:

- Loading Records: Documentation of how and when the cargo was loaded.
- Maintenance Logs: Records of vehicle inspections and maintenance.
- Driver’s Logs: Information on the driver’s activities and compliance with safety regulations.
- Witness Testimony: Statements from witnesses who observed the cargo falling.

Accidents Involving Delivery Drivers and Commercial Vehicles

Accidents involving delivery trucks or other commercial vehicles can result in serious injuries. The legal doctrine of respondeat superior typically holds the trucking company liable if the driver is an employee. However, if the driver is an independent contractor, liability may fall on the driver instead.

Proving Negligence:

To prove negligence, you need to demonstrate that the at-fault party failed to act reasonably. Common examples of negligence include:
- Failing to perform vehicle inspections or maintenance.
- Improperly loading cargo.
- Driving under the influence or while fatigued.
- Speeding or aggressive driving.
- Violating traffic laws.

Protecting Evidence with a Spoliation Letter

In truck accident cases, preserving evidence is vital. Trucking companies are required to keep certain records, such as the driver’s record of duty status, for specific periods. To prevent the destruction of crucial evidence, an attorney can send a spoliation letter to the trucking company, instructing them to preserve all relevant records.

Important Records to Preserve:

- Driver’s Logs: Detailed records of the driver’s activities.
- Qualification Files: The driver’s employment application, driving records, and medical certificates.
- Maintenance Records: Logs showing vehicle inspections and repairs.
- Cargo Logs: Documentation of how the cargo was secured and loaded.

Sending a Spoliation Letter:

A spoliation letter should specify the types of records to be preserved and warn against destruction, alteration, or manipulation. This ensures that all pertinent evidence is available for your case.

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.