Rock Valley Truck Accident Injury Attorneys

 Across the wide-reaching world of highway systems, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic moments, trucking injury lawyers act as firm advocates, providing guidance and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.

I Was Injured in an Accident With a Semi Truck - What Are My Legal Options?

Semi truck accidents are severe incidents, often resulting in significant injuries for motorists. Victims of such crashes have strong legal protections, particularly when they are not at fault. Understanding your rights and responsibilities is crucial when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

Semi truck accidents can occur due to various reasons, often involving driver error or mechanical failures. Common causes include:

- Driver Error: Sleep deprivation, use of drugs (prescription or recreational), speeding, inattention, distractions, work stress, and unfamiliarity with the road.
- Mechanical Problems: Issues such as depowered front brakes, tire failures, and transmission problems.
- Loading Errors: Improper securing of loads, incorrect load distribution, and manufacturing defects.

Establishing Negligence in Truck Accident Cases

To succeed in a personal injury claim following a semi truck accident, you must establish negligence by proving:

1. A duty of care existed between the parties.
2. The defendant breached that duty of care.
3. The breach caused the injury to the claimant/plaintiff.
4. The claimant/plaintiff suffered damages.

Negligence might include behaviors like speeding or exceeding hours-of-service limitations. Iowa operates under a modified comparative fault system, meaning a victim must be less than 51% at fault to recover damages. If partially at fault, the victim’s compensation is reduced by their percentage of fault.

Liable Parties and Challenges in Accident Cases

Various parties in the trucking industry could be liable if their actions caused the accident. This includes trucking companies, mechanics, truck manufacturers, and loaders. Federal Motor Carrier Safety Administration (FMCSA) regulations govern driver hours, drug testing, and load weights. Violations of these regulations can indicate negligence and result in liability.

Trucking companies are typically responsible for their drivers' actions, meaning they can be held liable if their driver causes an accident. Trucks often have onboard devices recording driver actions, and these records can be crucial evidence. An attorney can issue a spoliation letter to preserve this evidence.

Gathering Evidence for Your Iowa Truck Accident Claim

To support your claim, gather the following types of records:

- Police Report: Provides details of the accident scene and the officer’s opinion on fault.
- Medical Records: Establish the extent of injuries and the costs of current and future treatments.
- Truck Driver’s Driving Records: Show patterns of reckless driving, which can indicate liability on the part of the trucking company.

Preventing Destruction of Truck Driver Records

Trucking companies can legally destroy certain records after a specified period. To prevent this, an attorney can send a spoliation letter requiring the preservation of all pertinent documentation, such as the driver's record of duty status. FMCSA regulations mandate maintaining these records for at least six months, but a spoliation letter ensures they are kept for your case.

Importance of a Spoliation Letter

A spoliation letter instructs the trucking company to preserve relevant evidence, preventing its destruction or alteration. This letter can cover various documents, including driver qualification files, maintenance records, and onboard data. The timely issuance of a spoliation letter is crucial for building a strong case.

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.