Robins Truck Accident Injury Attorneys

 Across the extensive highway systems, trucking accidents can result in major disruptions, frequently causing serious injuries to those involved. In these tumultuous times, trucking injury lawyers serve as steadfast supporters, providing guidance and assistance to survivors. These legal professionals specialize in navigating the complex landscape of trucking regulations.

Trucking Company Records and Legal Responsibilities

Preservation of Truck Driver Records

Commercial trucking companies in the United States are subject to federal regulations that dictate the duration for which they must preserve various records. These regulations are primarily designed to ensure that essential information is available in the event of an investigation or litigation. According to the Federal Motor Carrier Safety Administration (FMCSA), a trucking company is required to preserve hours of service (HOS) records for a period of six months. After this period, the company has the right to destroy these records unless legally notified otherwise.

In addition to HOS records, trucking companies must maintain driver qualification files. These files, which include documents such as the driver’s employment history, driving record, and medical certifications, must be retained for as long as the driver is employed and for three years thereafter. This requirement ensures that vital information about the driver’s qualifications and history is available even after the termination of employment.

Spoliation Letters in Truck Accident Claims

In the event of a truck accident, preserving evidence becomes crucial, especially if the accident results in a claim or lawsuit. Attorneys representing accident victims can send a spoliation letter to the trucking company. This letter formally requests the company to preserve all relevant records and evidence related to the accident, including HOS logs, driver qualification files, maintenance records, and any data from the truck’s “black box” or electronic logging device (ELD). Failure to comply with a spoliation letter can result in legal penalties and can adversely affect the company’s defense in a lawsuit.

Evidence in Truck Accident Claims

Truck driver records can provide critical evidence in accident claims. Such records might include:

- Medical Records: Indicate whether the driver was fit to drive at the time of the accident.
- Cell Phone Records: Show if the driver was using their phone, which could suggest distracted driving.
- Qualification File: Demonstrates if the driver was legally qualified to operate a commercial vehicle.
- Employment History: Provides context about the driver’s experience and any previous incidents.
- Driving History: Lists any driving violations, which might establish a pattern of risky behavior.

The “Black Box” and Hours of Service Regulations

The “black box” or ELD in trucks records vital information about the vehicle’s operation. This data includes the truck’s speed, brake usage, and the driver’s adherence to HOS regulations. Drivers of property-carrying vehicles are generally restricted to 11 hours of driving after 10 consecutive hours off duty, while drivers of passenger-carrying vehicles can drive up to 10 hours after 8 hours off duty. Additionally, property-carrying drivers must not drive beyond the 14th consecutive hour after coming on duty, and passenger-carrying drivers beyond the 15th hour. This data can be instrumental in proving whether the driver was fatigued or in violation of these regulations at the time of the accident.

Legal Assistance and Truck Accident Investigations

Given the complexities involved in truck accident claims, it is advisable for victims to seek legal assistance from personal injury attorneys who specialize in federal trucking laws. Attorneys can help ensure that critical evidence is preserved and can handle negotiations with the trucking company’s insurance providers, who are often aggressive in defending their clients.

Iowa Specific Laws and Fault Determination

Iowa operates under a comparative fault system, where the fault for an accident is allocated between the involved parties. If a driver is found to be 51% or more at fault, they cannot recover damages. However, if they are 50% or less at fault, their compensation is reduced by their percentage of fault. Various traffic laws and regulations are used to determine fault, including those related to maintaining control of the vehicle, following at a safe distance, and yielding the right-of-way.

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.