Mediapolis Truck Accident Injury Attorneys

The wide expanse of highways often witnesses trucking accidents causing significant disturbances and severe injuries. In such tough times, trucking injury lawyers serve as reliable allies, offering support and advice to those affected. These attorneys specialize in the detailed realm of trucking laws and regulations.

Can a Trucking Company Destroy Truck Driver Records Pertaining to My Accident?

It is the trucking company’s right to destroy certain truck driver records after a specified period. One way to prevent this from happening after a truck accident is by having an attorney send a spoliation letter, advising the company that all pertinent documentation must be preserved, maintained, and protected.

Preserving the Record of Duty Status

One of the most crucial pieces of evidence in establishing fault is the driver’s record of duty status. The information recorded includes the driver’s 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 trucking companies to maintain these records and any supporting documents for at least six months. A spoliation letter can inform the trucking company that these records must be preserved as they are relevant to the truck accident claim.

Other Important Documents

Depending on the crash's cause or any suspicions concerning other types of negligence, there could be other valuable records. For example, the driver qualification files, kept with the driver’s personnel file, include the motor vehicle record, application for employment, annual review of driving record, certification of violations, medical examiner’s certificate, and more. One issue that might be questioned is whether the truck driver was qualified to operate a big rig in the first place. Numerous other records maintained by the trucking company regarding their drivers and vehicles may also be critical.

How a Spoliation Letter Protects Records

Since preserving evidence is critical after a crash, it’s important to talk with an attorney as soon as possible. This allows time to discuss the case and for the attorney to send a spoliation letter to the company, outlining records that should be preserved. The letter should provide detailed information about the documentation, records, and paperwork to be kept and stipulate that evidence should not be destroyed, erased, altered, or manipulated. This notice can put the company on alert that additional damages may be sought if they fail to adhere to the request.

How Does a City Truck Accident Claim Differ from a Regular Truck Accident?

A city truck accident claim differs mainly because it involves the government, which is why your claim should be filed in City Hall instead of through an insurance company. The process of filing a suit against a government entity isn’t handled the same way and can be more problematic, which is why victims in Iowa should speak with a personal injury lawyer in Mediapolis to ensure their rights.

Filing a City Truck Accident Claim

City trucks can include:

- Fire engines
- Buses
- Utility vehicles
- Garbage trucks

When you have been injured in an accident with a government vehicle in Mediapolis, you can fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. The form asks for general information about your car, any injuries, witnesses to the accident, and a description of the accident. You should attach any relevant documents or evidence, such as pictures of injuries, vehicle damage, and other pertinent physical evidence. The form also requires two estimates for property damage claimed.

If the claim is denied by the city, you may choose to pursue a lawsuit to recover damages, with which a personal injury attorney can assist. Contact an attorney for help filing your claim form with the city to avoid leaving out essential information, which could devalue or void your claim altogether.

Truck Accident Insurance and Why to Conduct Accident Investigations

Truck accidents differ significantly from those involving only passenger cars, not only because the injuries may be more serious but also in the process of filing a claim, which may require proving the trucking company's negligence.

Reasons to Conduct a Truck Accident Investigation

Keep in mind that the insurer for the truck company may use various tactics to diminish the value of a claim or deny it entirely. This is why it’s essential to preserve and collect any available evidence. Part of the problem with an investigation is that much of the evidence required needs to be obtained from the truck company (employee records, maintenance records, hours of service records, etc.). There could be efforts to alter, change, or even destroy it. Trucking companies must hold hours of service records for six months.

Other Reasons to Hire an Iowa Personal Injury Attorney

An attorney can send a spoliation letter to the truck company indicating that necessary documentation, devices, and records be preserved, allowing for a more thorough accident investigation. An insurance company may request paperwork to be signed, which could harm the claim if not reviewed by an attorney. Additionally, the insurance company may try to settle the claim quickly, offering an amount that may not cover future medical and other expenses. An Iowa personal injury attorney can help prove the truck company’s negligence and determine a fair settlement after a truck accident.

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.