Prairie City Truck Accident Injury Attorneys

Across the extensive highway networks, trucking accidents can cause major interruptions and serious injuries. In these trying situations, trucking injury attorneys act as dependable supporters, providing survivors with guidance and support. They are specialists in the intricate aspects of trucking laws and regulations.

Preservation of Truck Driver Records and Truck Accident Claims

When it comes to preserving truck driver records, the trucking company has specific rights and responsibilities dictated by federal regulations. These records are crucial, especially in the aftermath of a truck accident where the victim seeks compensation. Here is an in-depth look at how long trucking companies must keep these records, what types of records can be pivotal in a truck accident claim, and the importance of legal assistance in these situations.

Record Preservation Requirements

Commercial trucking companies are required to maintain hours of service records for a period of six months. After this period, the company is allowed to destroy these records. However, driver qualification files must be kept for the duration of the driver’s employment and for three years thereafter.

In situations where a truck accident claim or lawsuit is anticipated, an attorney can send a spoliation letter to the trucking company. This letter legally obligates the company to preserve all relevant records and evidence, preventing their destruction. This is crucial as these records can provide significant evidence in proving liability and negligence.

Importance of Truck Driver Records

In a truck accident claim, several types of truck driver records can be essential pieces of evidence:

- Medical Records: Indicate whether the driver was medically fit to operate the truck.
- Cell Phone Records: Show if the driver was distracted by using a phone at the time of the accident.
- Qualification File: Prove whether the driver was qualified to drive a commercial truck.
- Employment History: Provide background on the driver’s work experience.
- Driving History: List any previous driving violations or infractions.

The "Black Box" Recorder

The truck’s “black box” or Electronic Logging Device (ELD) can be a critical piece of evidence. It records data such as the truck’s speed, braking patterns, and whether the driver was operating within the legal hours of service limits. This information can be used to determine if driver fatigue or violations of service hours contributed to the accident.

Federal regulations stipulate that truck drivers of property-carrying vehicles must not drive beyond 14 consecutive on-duty hours following 10 consecutive off-duty hours. Similarly, drivers of passenger-carrying vehicles have slightly different limits. Information from the last seven days must be kept onboard by the driver, while employers must retain these records for at least six months. Given that an accident claim may extend beyond this period, preserving these records through a spoliation letter is vital.

Systems That Prove Fault in Iowa Car Accidents

Understanding how fault is determined in car accidents in Iowa is essential for anyone involved in a collision. Iowa follows the comparative fault system, which means the fault is assigned to each driver based on their contribution to the accident. Here are some common ways fault can be proven in Iowa car accidents.

Failure to Stop within an Assured Distance

Rear-end collisions often result from a driver’s failure to stop within an assured clear distance ahead. Iowa law states that drivers must drive at a speed that allows them to stop within the visible and anticipated distance ahead.

Failure to Maintain Control and Following Too Closely

Drivers must maintain control of their vehicle and follow other vehicles at a reasonable distance. Violations of these laws often lead to rear-end accidents, especially when traffic suddenly stops.

Failing to Yield

Failing to yield the right of way can cause various accidents, such as those at uncontrolled intersections or when entering a roadway. Iowa law requires drivers to yield in several scenarios, such as:

- Vehicles meeting on a road must yield by turning to the right.
- At intersections, the vehicle on the left must yield to the vehicle on the right.
- Vehicles must yield when backing onto a highway or moving slower than the traffic flow.

Failing to Obey Traffic Control Devices

Accidents frequently occur when drivers ignore traffic signals or signs, such as running a red light or failing to stop at a stop sign. Iowa law is specific about the actions drivers must take at traffic control devices.

Making a Left Turn Across Traffic

Drivers turning left must yield to oncoming traffic. Failing to do so can result in collisions, and the driver making the left turn is typically found at fault.

Truck Accident Claims Involving Falling Cargo

Victims of accidents caused by falling cargo from a truck can file a truck accident claim. This scenario, known as unsecured load accidents, can be hazardous and often results in severe damage and injuries.

Filing a Truck Accident Claim

Victims can file a claim if the falling cargo caused their damages or injuries. Truck drivers and companies are responsible for securing cargo to prevent it from falling off the truck. If they fail to do so, they can be held liable for any resulting accidents.

Determining Accident Liability

Liability in cargo-related accidents can be complex. If the truck driver loaded the cargo, they might be responsible. If another employee loaded the cargo, that individual or the trucking company might be liable. 

If a defect in the trailer led to the cargo spill, the trailer manufacturer could be held accountable. Multiple parties, including the trucking company and third-party loaders, may share liability.

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.