Sanborn Truck Accident Injury Attorneys

The broad spectrum of highways often sees trucking accidents resulting in major disturbances and severe injuries. During these challenging times, trucking injury lawyers provide essential support, offering guidance and assistance to those affected. These legal experts navigate the complex field of trucking laws and regulations.

Can Trucking Companies Destroy Truck Driver Records Pertaining to My Truck Accident?

It is indeed within a trucking company's right to destroy certain truck driver records after a specified period. This practice, however, can significantly impact the ability to pursue a claim following a truck accident. To mitigate this risk, it is crucial to have an attorney send a spoliation letter to the trucking company. This letter advises the company that all pertinent documentation must be preserved, maintained, and protected.

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 log includes the driver's time on and off duty, use of the sleeper berth, and the actual driving time. Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain these records and any supporting documents for at least six months. A spoliation letter ensures the trucking company is reminded of its obligation to preserve these records, which are essential to the truck accident claim.

Other Important Documents in a Truck Accident Case

Various other records can be valuable depending on the crash's cause or suspicions of other negligence. For example, driver qualification files, kept within the driver’s personnel file, include motor vehicle records, employment applications, annual driving record reviews, violation certifications, and medical examiner’s certificates. These records can be crucial in determining if the truck driver was qualified to operate the vehicle.

Trucking companies maintain numerous other records regarding their drivers and vehicles. To ensure the protection of these records, an attorney may decide to send a spoliation letter. This letter provides detailed information about the types of documentation and records that need to be kept, stipulating that the evidence should not be destroyed, erased, altered, or otherwise manipulated. This notice can also state that additional damages could be sought if the company fails to adhere to the request.

How a Spoliation Letter Can Protect Truck Driver Records After an Accident

The preservation of evidence is critical after a crash, making it essential to consult an attorney promptly. This allows time to discuss the case and for the attorney to send a spoliation letter to the company, outlining the records that should be preserved. Quick access to these records enables a more robust case to be built. Truck accidents often offer greater potential to obtain evidence compared to other types of crashes due to the availability of truck company records.

How Does a City Truck Accident Claim Differ From a Regular Truck Accident?

City truck accident claims differ from regular truck accident claims primarily because they involve the government. Instead of filing through an insurance company, your claim must be filed in City Hall. This unique process can be more complicated, so victims in Iowa should speak with a personal injury lawyer in Sanborn to ensure their rights are protected.

Filing a City Truck Accident Claim

City trucks can include fire engines, buses, utility vehicles, and garbage trucks. If you have been injured in an accident with a government vehicle in Sanborn, you can fill out an Automobile Claim Form and submit it to the Legal Department at City Hall. This form asks for general information about your car, any injuries, witnesses to the accident, and a description of the accident. You should attach any relevant documents or evidence, such as pictures of injuries and vehicle damage, and two estimates for property damage.

If the city denies the claim, you may choose to pursue a lawsuit to recover damages. A personal injury attorney can assist in filing your claim form with the city to avoid leaving out essential information, which could devalue or void your claim altogether.

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

Semi truck accidents are serious, especially for motorists severely injured in crashes. Victims of large truck crashes have strong legal protections if they were not at fault. Understanding your rights and responsibilities when pursuing legal action against a trucking company is crucial.

Causes of Semi Truck Accidents

Many heavy truck crashes result from driver error, such as sleep deprivation, drug use, speeding, inattention, distractions, work stress, and unfamiliarity with the road. Mechanical problems, including depowered front brakes, tire failures, and transmission issues, account for many other crashes. Loading errors, improper load securing, and manufacturing errors are additional causes of truck accidents.

Establishing Negligence in Truck Accident Cases

A personal injury action arising from a semi truck accident must prove:

- A duty of care between the parties.
- The defendant breached that duty of care.
- The breach caused the injury to the claimant/plaintiff.
- The claimant/plaintiff suffered damages.

These lawsuits typically hinge on whether a truck driver or another party acted negligently and failed to provide reasonable care to prevent injuries. Speeding and exceeding hours-of-service limitations are examples of negligent behavior that may leave a party liable for injuries.

Iowa follows a modified comparative fault system. An accident victim must be less than 51 percent at fault to recover damages. However, the victim's damages are reduced by their percentage of fault – for instance, if the victim was 10 percent at fault and suffered $10,000 in damages, the damages are reduced by $1,000.

Liable Parties After the Crash and Challenges in Accident Cases

All parties involved in the trucking industry, including trucking companies, mechanics, truck manufacturers, and loaders, may be legally liable if their actions caused an accident. FMCSA regulations govern numerous aspects, such as driver work hours, mandatory drug testing, and load weight limitations. Violations of these rules may indicate negligence, and if such violations caused or contributed to an accident, the responsible party could be liable.

A trucking company could be held liable if one of its drivers causes an accident. These companies are responsible for their drivers' actions, making them potentially liable in legal actions resulting from the incident.

Trucks often carry onboard devices recording driver actions. Companies maintain these records and other logbooks according to federal laws and company policies. If these records are relevant in a legal action, an attorney can send a spoliation letter to the company to preserve them. Contacting an attorney after a truck accident is often a wise decision for accident victims.

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.