Manson Truck Accident Injury Attorneys

Across the extensive highway networks, trucking accidents frequently cause significant interruptions and serious injuries. In these trying times, trucking injury attorneys serve as reliable supporters, offering guidance and support to those affected. These attorneys specialize in the detailed landscape of trucking laws and regulations.

Preserving Truck Driver Records in Truck Accident Cases

After a truck accident, crucial evidence can be found in the records maintained by the trucking company. These records can be pivotal in establishing fault and determining the outcome of a claim. However, trucking companies are legally permitted to destroy certain records after a specified period. To ensure these records are preserved, it's essential to act quickly, often through legal measures like sending a spoliation letter. Consulting an experienced attorney can help you navigate this complex process and protect your rights.

Preservation of Truck Driver Records

The Role of a Spoliation Letter

One of the most effective ways to ensure that pertinent documentation is not destroyed is by having an attorney send a spoliation letter to the trucking company. This letter notifies the company of its obligation to preserve, maintain, and protect all relevant evidence related to the accident.

Importance of the Record of Duty Status

The driver’s record of duty status (RODS) is a critical piece of evidence. This record includes details such as the driver’s time on and off duty, use of the sleeper berth, and the amount of time spent driving. According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies must maintain these records for at least six months. A spoliation letter can ensure these records are preserved beyond this period.

Other Vital Documents

Several other documents can be crucial in a truck accident case:

- Driver Qualification Files: These files include the motor vehicle record, application for employment, annual review of driving record, certification of violations, and the medical examiner’s certificate. These documents can help determine if the driver was qualified to operate a commercial vehicle.
- Vehicle Maintenance Records: These include records of inspections, repairs, and maintenance performed on the truck. FMCSA regulations require these records to be kept for a certain period, and they can be critical in proving negligence.

Federal Motor Carrier Safety Administration (FMCSA) Regulations

Truck Maintenance Requirements

The FMCSA has stringent regulations regarding the maintenance of commercial trucks. Trucking companies must ensure:

- Recordkeeping of inspections, repairs, and maintenance performed.
- Correction of any violations or defects noted on roadside inspection reports.
- Post-trip inspection reports at the end of each driving time.
- Periodic inspections at least once every 12 months.

Inspector Qualifications

Certain inspections, such as brake inspections, must be conducted by qualified individuals. Trucking companies must maintain evidence of these qualifications for the duration of the inspector’s employment and for one year after.

Critical Equipment

Specific equipment on a truck must be properly maintained to ensure safety. This includes brakes, lights, reflectors, windshield wipers, steering mechanisms, emergency equipment, tires, wheels/rims, horns, rearview mirrors, and coupling devices.

Duration of Record Preservation

Hours of Service Records

Trucking companies are required to preserve hours of service (HOS) records for six months. These records are crucial for determining if a driver was operating within legal limits and not fatigued at the time of the accident.

Driver Qualification Files

These files must be retained for the duration of the driver’s employment and for three years thereafter. They contain essential information about the driver’s qualifications and history.

Critical Evidence in Truck Accident Claims

Truck Driver Records

Driver records provide vital evidence in a truck accident case, including:

- Medical records indicating the driver’s fitness to drive.
- Cell phone records showing if the driver was distracted.
- Qualification files verifying the driver’s ability to operate a truck.
- Employment history and driving violations.

The “Black Box”

The electronic logging device (ELD) or “black box” records data such as hours of service, speed, and brake usage. This data can be invaluable in proving negligence or violations of FMCSA regulations.

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.