Polk City Truck Accident Injury Attorneys

 Across the broad domain of highway systems, trucking accidents can lead to significant disruption, often resulting in serious injuries for those affected. In such trying times, trucking injury lawyers act as reliable advocates, offering guidance and support to survivors. These attorneys are experts in the intricate field of trucking laws and regulations.

A commercial trucking company must preserve hours of service records for six months. After this period, the company has the right to destroy these records. However, a driver qualification file must be retained as long as the driver is employed and for three years thereafter.

To prevent the destruction of truck driver records relevant to an upcoming or ongoing truck accident claim, a spoliation letter can be sent to the company by an attorney. This letter requests the preservation of all pertinent documents and evidence.

Importance of Truck Driver Records in a Truck Accident Claim

Truck driver records are crucial in a truck accident claim, providing essential evidence such as:

- Medical Records: Indicate if the driver was fit to drive.
- Cell Phone Records: Show if the driver was distracted by phone use.
- Qualification File: Confirms if the driver was qualified to operate the truck.
- Employment History: Provides background on the driver’s employment.
- Driving History: Lists any driving violations of the at-fault driver.

The “Black Box” in Truck Accident Cases

The truck’s "black box" recorder is another vital piece of evidence. It logs whether the driver adhered to “hours of service” regulations or was fatigued. Truck drivers are restricted in their driving and on-duty hours to ensure safety. For instance, property-carrying vehicle drivers cannot drive more than one hour after 10 consecutive hours off duty. The information recorded in the black box must be kept onboard for the last seven days by the driver, while employers must preserve it for at least six months. If an accident claim extends beyond this period, a spoliation letter is critical to ensure the preservation of this evidence.

Filing a Truck Accident Claim for Falling Cargo

Drivers struck by falling cargo from a truck can file a truck accident claim. This situation, known as an unsecured load, is familiar to many truck accident lawyers. While cargo is typically secured inside a trailer, unsecured external cargo like pipes, logs, or boxes can create dangerous road hazards if it falls.

Filing a Claim and Establishing Liability

Victims of accidents caused by falling cargo can file a truck accident claim even if the truck did not physically collide with their vehicle. Truck drivers and companies are responsible for securing cargo to prevent such incidents. To file a claim, a driver must have suffered damages or injuries due to the falling cargo.

Determining liability is crucial. If the truck driver loaded the cargo, they might be held responsible. If another employee of the trucking or shipping company loaded the cargo, they could also be liable. Under the law of respondeat superior, a trucking company can be held liable for the actions of its employees during their employment. Additionally, if a third party loaded the cargo, that party could be held liable. In cases where a defect in the trailer caused the cargo to fall, the manufacturer might be responsible.

Proving Fault in Iowa Car Accidents

Iowa follows the rules of the road as detailed in Iowa Code Chapter 321. This code covers various traffic laws and responsibilities, such as yielding at intersections, responsibilities in rear-end collisions, and duties when encountering pedestrians.

Comparative Fault in Iowa

Iowa is a comparative fault state, meaning the fault of each driver involved in an accident is compared. If a driver is found to be 51% or more at fault, they cannot recover any damages. If they are 50% or less at fault, their recoverable damages are reduced by their fault percentage.

Common Ways to Prove Fault

1. Failure to Stop, Maintain Control, or Follow at a Safe Distance: These violations often apply in rear-end collisions.
2. Failing to Yield: This includes accidents at uncontrolled intersections, during turns, and other scenarios where yielding is required.
3. Failing to Obey Traffic Control Devices: This typically involves running stop signs or red lights.

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.