Mitchellville Truck Accident Injury Attorneys

In the extensive network of highways, trucking accidents can cause substantial interruptions, frequently resulting in serious injuries. In such difficult times, trucking injury lawyers provide dependable support, offering survivors guidance and aid. These attorneys are experts in the intricate field of trucking laws and regulations.

Understanding Liability and Evidence in Iowa Commercial Truck Accidents

Accidents involving commercial vehicles, such as delivery trucks, often result in serious injuries due to the size and weight of these vehicles. When a delivery driver causes such an accident, determining liability and gathering the necessary evidence is crucial for a successful claim. Here’s what you need to know about recovery and liability if you’ve been involved in a commercial truck accident in Iowa.

Liability in Commercial Truck Accidents

When a commercial truck accident occurs, liability generally falls on one of two parties: the driver of the vehicle or the company that owns the truck. According to the Legal Information Institute of Cornell University Law School, if the driver is an employee of the trucking company, the company is typically held liable under the doctrine of respondeat superior. This legal principle holds employers accountable for the actions of their employees performed within the scope of their employment.

If the driver is an independent contractor, however, liability may shift to the driver rather than the company that contracted their services. In some cases, neither the driver nor the trucking company may be liable. For instance, if a defective part on the truck caused the crash, the manufacturer of the truck or the faulty part, the shipper, or the party responsible for loading the truck’s cargo could be held responsible.

Proving Negligence

To establish liability, you must prove the negligence of the at-fault party. Examples of negligence include:

- Failing to perform vehicle inspections or maintenance
- Improperly loading cargo
- Driving while impaired
- Speeding or aggressive driving
- Violating traffic laws

Negligence is essentially any action or inaction that deviates from what a reasonable person would do in a similar situation. Thoroughly documenting these actions or inactions is crucial in building your case.

Importance of Preserving Evidence

One of the most critical pieces of evidence in a truck accident case is the driver’s record of duty status. This record includes the driver’s time on and off duty, use of the sleeper berth, and the time spent driving. According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies are required to maintain these records for at least six months.

To prevent the destruction of these records, your attorney can send a spoliation letter to the trucking company. This letter demands the preservation of all relevant documentation and puts the company on notice that failure to do so could result in additional damages being sought.

Other Vital Records

Depending on the specifics of your case, other records may also be essential. These can include:

- Driver Qualification Files: Contain the driver’s motor vehicle record, employment application, driving record reviews, certifications of violations, and medical examiner’s certificate. These records can help determine if the driver was qualified to operate the vehicle.
- Vehicle Maintenance Records: Document the maintenance and inspection history of the truck, which can be crucial if poor vehicle condition contributed to the accident.

Police and Medical Records

- Police Report: This report provides an official account of the accident, including the officer’s assessment of fault and any indications of driver impairment.
- Medical Records: These records are necessary to substantiate your injuries and the associated costs. They are critical in demonstrating the impact of the accident on your health and in calculating compensation for medical expenses, lost wages, and pain and suffering.

Steps to Take After a Commercial Truck Accident

Immediate Actions

1. Seek Medical Attention: Refusing immediate treatment can make it difficult to prove the severity of your injuries later.
2. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
3. Gather Witness Information: Collect contact details from witnesses, as their statements can be crucial.

Consulting with an Attorney

Engaging an experienced attorney is vital for navigating the complexities of a commercial truck accident claim. An attorney can:

- Send spoliation letters to preserve evidence
- Gather and analyze records from the trucking company
- Help you avoid common mistakes that could jeopardize your claim

Filing a Claim

Under Iowa Code 614.1, you have two years from the date of the accident to file a claim for damages. It’s crucial to act promptly to ensure all evidence is preserved and your case is built effectively.

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.