Moville Truck Accident Injury Attorneys

The broad spectrum of highways often sees trucking accidents resulting in major disturbances and severe injuries. During these challenging times, trucking injury lawyers provide essential support, offering guidance and assistance to those affected. These legal experts navigate the complex field of trucking laws and regulations.

When dealing with a truck accident, preserving truck driver records is crucial for any legal proceedings. Commercial trucking companies have specific guidelines on how long they must retain various records before they can legally destroy them. Knowing these time frames and the types of records involved can be vital for building a strong truck accident claim.

Record Retention Periods for Trucking Companies

- Hours of Service Records: Trucking companies are required to keep records of their drivers' hours of service for six months. After this period, they are permitted to destroy these records.
- Driver Qualification Files: These files must be maintained for the entire duration of a driver's employment and for three years after the driver leaves the company.

To prevent the destruction of relevant records, a spoliation letter can be sent to the trucking company by an attorney. This letter requests that the company preserve all documents and evidence related to an ongoing or forthcoming truck accident claim or lawsuit.

Types of Truck Driver Records Used in Truck Accident Claims

Truck driver records can provide crucial evidence in a truck accident claim. Key records include:

- Medical Records: These show whether the driver was medically fit to operate a truck.
- Cell Phone Records: These indicate if the driver was using their phone at the time of the accident.
- Qualification File: This demonstrates whether the driver was qualified to drive a commercial vehicle.
- Employment and Driving History: These records include details about the driver’s past employment and any driving violations.

The “Black Box” Recorder

The "black box" recorder, also known as an Electronic Logging Device (ELD), in a truck can be a significant piece of evidence. It records the driver’s hours of service and other critical data that can indicate whether the driver was operating within legal limits and if fatigue was a factor in the accident. Regulations stipulate that drivers must keep records of their last seven days of duty on board, while employers must retain these logs for at least six months.

Steps to Take After a Truck Accident

If you’re involved in a truck accident, gathering the right evidence is crucial:

1. Obtain a Police Report: This report contains the accident scene details and the officer’s opinion on fault.
2. Collect Medical Records: These establish your injuries and associated medical costs.
3. Secure Truck Driver Records: These include the driver’s qualifications, employment history, and driving records.
4. Black Box Data: Ensure the preservation of this data through a spoliation letter.

Differences in City Truck Accident Claims

City truck accidents, involving vehicles like fire engines, buses, utility vehicles, and garbage trucks, are distinct from regular truck accidents because they involve government entities. Claims must be filed with the respective city hall, often requiring specific forms and adherence to particular procedures.

Filing a City Truck Accident Claim

To file a claim after an accident with a city vehicle:

1. Complete an Automobile Claim Form: Submit this to the Legal Department at City Hall.
2. Attach Relevant Evidence: Include photos of injuries, vehicle damage, and other pertinent physical evidence. Two estimates for property damage must be provided.
3. Seek Legal Assistance: If your claim is denied, you may need to pursue a lawsuit with the help of an attorney.

Importance of Legal Representation

Truck accident claims can be complex, requiring thorough documentation and understanding of federal and state laws. Consulting with a personal injury attorney experienced in truck accidents is crucial. Attorneys can help gather evidence, send spoliation letters, and navigate the legal process to ensure you receive fair compensation.

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.