Sheldon Truck Accident Injury Attorneys

 Within the vast realm of highways, trucking accidents can create considerable disruption, often causing serious injuries for those affected. In such turbulent situations, trucking injury lawyers stand as steadfast supporters, offering guidance and assistance to survivors. These legal experts are adept at handling the intricate landscape of trucking laws and regulations.

How Long Trucking Companies Must Preserve Records and How It Affects Truck Accident Claims

A commercial trucking company must retain hours of service (HOS) records for only six months. After this period, per the company's rights, it may destroy these records. However, driver qualification files must be kept for the duration of the driver's employment and an additional three years thereafter.

To prevent the destruction of these critical records, a spoliation letter can be sent to the company by an attorney. This letter ensures that the company preserves truck driver records and other documents relevant to an ongoing or upcoming truck accident claim or lawsuit.

Importance of Truck Driver Records in Accident Claims

Truck driver records are vital in truck accident claims. They include:

- Medical Records: Indicate whether the driver was medically fit to drive.
- Cell Phone Records: Show if the driver was on the phone at the time of the accident.
- Qualification Files: Confirm the driver’s qualifications to operate the truck.
- Employment History: Details the driver's employment background.
- Driving History: Lists driving violations.

Additionally, the truck's "black box" recorder can be valuable, providing logs of the driver's hours of service and potential violations. This data includes whether the driver was operating beyond the regulatory limits and was fatigued at the time of the accident.

Federal Regulations on Truck Driver Hours

Truck drivers are limited in their driving hours. For property-carrying vehicles, drivers cannot drive more than 11 hours after 10 consecutive hours off duty and cannot drive beyond the 14th consecutive hour on duty. These regulations are crucial in preventing fatigue-related accidents.

Steps to Take After a Truck Accident

If you're involved in a truck accident, it’s imperative to:

- Preserve Evidence: Retain medical bills and receipts for vehicle repair or replacement.
- Contact an Attorney: Seek a personal injury attorney well-versed in federal trucking laws to ensure the preservation of evidence and to navigate the complexities of your claim.

Why Hire a Car Accident Lawyer

If you’re considering hiring a car accident lawyer for your Iowa claim, understand that qualified lawyers typically work on a contingency fee basis. This means:

1. No Up-Front Fees: You don’t have to pay a retainer or any money upfront.
2. Payment Upon Winning: The attorney is only paid if they win your case, usually a percentage ranging from 30% if the case settles, 33.33% if litigated, and up to 40% if it goes to appeal.
3. Selective Case Acceptance: Lawyers typically only take cases where they believe they can make a significant difference in the compensation you receive.
4. Comprehensive Handling: The attorney will handle all contact with insurance companies, obtain medical records and bills, and keep you updated.

Be cautious of law firms that take every case indiscriminately or ask you to obtain your medical records and bills yourself.

Liability in Commercial Truck Accidents

Determining Liability

In commercial vehicle accidents, liability often falls on either the driver or the trucking company. If the driver is an employee, the company is usually held liable under the doctrine of respondeat superior, meaning the employer is responsible for employees’ actions during employment.

If the driver is an independent contractor, the driver may be held liable instead of the company. In some cases, liability may lie with the manufacturer, shipper, or party responsible for loading the cargo if a defective part or improper loading caused the crash.

Proving Negligence

To prove liability, you must establish negligence, which can include:

- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failing to adhere to traffic laws

Negligence is any act or failure to act reasonably, as compared to what another person would do in the same situation.

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.