Onawa Truck Accident Injury Attorneys

 Across the extensive highway networks, trucking accidents can lead to major disruption, frequently causing life-altering injuries to those involved. In these tumultuous situations, trucking injury lawyers stand as reliable supporters, providing guidance and assistance to survivors. These legal professionals are adept at navigating the intricate landscape of trucking regulations.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry in the United States is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover a variety of areas, including the crucial aspect of commercial truck maintenance. Truck companies are responsible for ensuring their vehicles are well-maintained to prevent accidents and ensure safety on the roads. This article will explore FMCSA truck maintenance regulations, the preservation of truck driver records, and the specific considerations for city truck accident claims.

FMCSA Truck Maintenance Regulations

The FMCSA mandates several maintenance requirements to ensure that commercial trucks remain in safe operating condition. Some key regulations include:

- Recordkeeping: Truck companies must maintain detailed records of all inspections, repairs, and maintenance performed on their vehicles.
- Correcting Violations: Any violations or defects noted on roadside inspection reports must be corrected promptly.
- Post-Trip Inspections: Drivers are required to complete a post-trip inspection report at the end of each driving shift.
- Periodic Inspections: Trucks must undergo periodic inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain types of inspections, such as brake inspections, require that inspectors meet specific qualifications. These inspectors must have adequate training and experience, and the truck company must keep evidence of their qualifications on file throughout their employment and for an additional year after they leave.

Although inspectors and maintenance personnel may be held liable for injuries resulting from poor maintenance, the truck company is ultimately responsible. If poor truck maintenance is suspected to be the cause of an accident, the motor carrier company will likely be named in any resulting claims.

Important Equipment for Truck Safety

Several critical types of equipment must be properly maintained to ensure truck safety, including:

- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels and rims
- Horn
- Rearview mirrors
- Coupling devices

All records of inspections, repairs, and maintenance must be kept at the truck's garage location for six months after the vehicle is sold, scrapped, or otherwise disposed of. If poor maintenance is found to have caused a crash, the truck company can be deemed negligent and liable for any resulting injuries.

Preservation of Truck Driver Records

Trucking companies have the right to destroy certain driver records after a specified period. However, in the event of an accident, it is crucial to prevent this from happening. One way to ensure records are preserved is by having an attorney send a spoliation letter, which instructs the company to maintain all pertinent documentation.

Preserving the Record of Duty Status

One of the most critical pieces of evidence in establishing fault in a truck accident 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 amount of time spent driving. FMCSA regulations require that these records, along with any supporting documents, be maintained for at least six months. A spoliation letter can compel the trucking company to preserve these records for the duration of the legal process.

Other Important Documents

Depending on the nature of the crash and any suspicions of negligence, other records may also be valuable. These can include:

- Driver qualification files, which contain the motor vehicle record, application for employment, annual review of driving record, certification of violations, and medical examiner’s certificate.
- Maintenance records for the vehicle involved in the accident.

How a Spoliation Letter Can Protect Evidence

Since preserving evidence is critical after a truck accident, it is essential to consult with an attorney as soon as possible. The attorney can send a spoliation letter to the trucking company, specifying the types of documentation, records, and paperwork that must be preserved. The letter should detail that evidence should not be destroyed, erased, altered, or otherwise manipulated, and warn that additional damages may be sought if these instructions are not followed.

The sooner an attorney can secure these records, the quicker a case can be built. Truck accidents often offer greater potential for obtaining evidence compared to other types of crashes due to the extensive record-keeping required of trucking companies.

City Truck Accident Claims

A city truck accident claim differs from a regular truck accident claim primarily because it involves a government entity. This distinction changes the filing process and can present additional challenges. Victims in Iowa should speak with a personal injury lawyer in Onawa to ensure their rights are protected.

Filing a City Truck Accident Claim

City trucks can include:

- Fire engines
- Buses
- Utility vehicles
- Garbage trucks

When injured in an accident with a government vehicle in Onawa, you must fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. This form requires:

- General information about your car
- Details of any injuries sustained
- Information on witnesses
- A description of the accident

You must attach relevant documents or other evidence, such as photographs of injuries and vehicle damage, to the form. Additionally, you need to provide two estimates for property damage repairs. If the city denies the claim, you may pursue a lawsuit to recover damages with the assistance of a personal injury attorney.

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.