Northwood Truck Accident Injury Attorneys

The broad spectrum of highways often sees trucking accidents resulting in substantial disturbances and severe injuries. In these challenging situations, trucking injury lawyers act as dependable supporters, providing survivors with guidance and assistance. These legal experts are well-versed in the intricate realm of trucking laws and regulations.

Preserving Truck Driver Records and Proving Fault in Truck and Car Accidents

Commercial trucking companies are mandated to preserve hours of service (HOS) records for only six months. After this period, these records can be legally destroyed by the company. However, a driver's qualification file must be retained for the duration of the driver’s employment and for three years thereafter.

Preventing Destruction of Evidence: The Role of a Spoliation Letter

In the context of an impending or ongoing truck accident claim or lawsuit, an attorney can issue a spoliation letter to prevent a trucking company from destroying any relevant records. This letter is crucial in ensuring that all potential evidence remains intact, aiding in the pursuit of justice for accident victims.

Crucial Records in a Truck Accident Claim

Various types of records can serve as critical evidence in a truck accident claim, including:
- Medical Records: Indicate whether the driver was medically fit to drive.
- Cell Phone Records: Show if the driver was distracted by phone usage.
- Qualification File: Confirms the driver’s credentials and qualifications.
- Employment and Driving History: Provide background on the driver’s past behavior and any driving violations.

The Importance of the Truck’s “Black Box”

The “black box” recorder in trucks can be invaluable, containing data on whether the driver adhered to HOS regulations and if they were fatigued at the time of the accident. This recorder logs the last seven days of activity, which must be kept onboard and preserved by employers for six months.

Legal Actions Following a Truck Accident

Victims of truck accidents often need to pursue legal action against both the driver and the commercial trucking company. Evidence such as HOS logs, black box data, and qualification files can be pivotal in proving liability. Given the potential for evidence destruction, sending a spoliation letter is essential.

Proving Fault in Car Accidents: An Iowa Perspective

In Iowa, fault in car accidents is determined under comparative fault laws. Here, fault is apportioned between drivers, affecting the compensation awarded. For example, if a driver is found 25% at fault and suffers $100,000 in damages, they can only recover $75,000 from the other driver.

Common Violations Leading to Car Accidents

1. Failure to Stop Within Assured Clear Distance: Drivers must be able to stop within a visible distance to avoid collisions.
2. Failure to Maintain Control: Drivers must control their vehicle and adjust speed appropriately, especially at intersections.
3. Following Too Closely: Drivers must maintain a reasonable following distance considering speed, traffic, and road conditions.
4. Failing to Yield: Includes failing to yield at intersections, when entering through highways, and to pedestrians.
5. Disobeying Traffic Control Devices: Ignoring stop signs, red lights, and other signals can lead to accidents.

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.