- Shenandoah Truck Accident Injury Attorneys
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Across the broad domain of highway systems, trucking accidents can lead to significant disruption, often resulting in serious injuries for those affected. In such trying times, trucking injury lawyers act as reliable advocates, offering guidance and support to survivors. These attorneys are experts in the intricate field of trucking laws and regulations.
Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance
The Federal Motor Carrier Safety Administration (FMCSA) plays a crucial role in regulating the trucking industry in the United States. One of the primary areas of regulation is commercial truck maintenance. Trucking companies are responsible for ensuring their vehicles are in safe operating condition, and compliance with FMCSA regulations is mandatory.
Examples of FMCSA Truck Maintenance Regulations
The FMCSA enforces a comprehensive set of regulations related to the maintenance of large trucks. Key regulations include:
- Recordkeeping: Companies must maintain detailed records of inspections, repairs, and maintenance performed on each vehicle.
- Correcting Violations: Any violations or defects noted during roadside inspections must be promptly corrected.
- Post-Trip Inspections: Drivers are required to complete a post-trip inspection report at the end of each driving period.
- Periodic Inspections: Trucks must undergo periodic inspections at least once every 12 months.
FMCSA Regulations for Inspectors
Certain inspections must be conducted by qualified individuals. For example, brake inspectors must have adequate training and experience. Trucking companies must keep evidence of an inspector's qualifications on file throughout their employment and for an additional year after they leave the company.
While inspectors and maintenance personnel can be held liable for accidents resulting from poor maintenance, the ultimate responsibility lies with the trucking company. If poor maintenance is suspected as a cause of an accident, the motor carrier company is often named in any resulting claims.
Important Equipment for Truck Safety
Maintaining the following equipment is essential for truck safety:
- Brakes
- Lights and Reflectors
- Windshield Wipers
- Steering Mechanisms
- Emergency Equipment
- Tires and Wheels/Rims
- Horn
- Rearview Mirrors
- Coupling Devices
All inspection, repair, and maintenance records must be kept at the vehicle’s garage location and retained for six months after the vehicle is sold, scrapped, or otherwise disposed of. If an accident occurs due to poor maintenance, the truck company can be considered negligent and liable for any resulting injuries.
Systems That Prove Fault in Iowa Car Accidents
Iowa, like many states, has a detailed set of traffic laws outlined in Iowa Code Chapter 321. These laws cover various aspects of road use, such as right-of-way rules at intersections and responsibilities when dealing with disabled vehicles. Iowa follows a comparative fault system to determine liability in car accidents.
Comparative Fault in Iowa
In Iowa, the fault of each driver in an accident is compared. For instance, if one driver is speeding and another fails to yield, a judge or jury will assign a percentage of fault to each driver. A driver found to be 51% or more at fault cannot recover damages. If a driver is 50% or less at fault, their recoverable damages are reduced by their percentage of fault.
For example, if a driver has $100,000 in damages but is 25% at fault, they can recover $75,000 (100,000 - 25% of 100,000).
Common Ways to Prove Fault in Iowa Car Accidents
1. Failure to Stop Within Assured Distance, Maintain Control, or Follow Too Closely
- These violations often occur in rear-end collisions. Drivers must not exceed a speed that allows them to stop within a clear distance ahead and must maintain control of their vehicle.
2. Failing to Yield
- This includes accidents at uncontrolled intersections, vehicles pulling into oncoming traffic, and collisions during passing. Specific rules include:
- Yielding half the road when meeting another vehicle.
- Yielding to the vehicle on the right at intersections.
- Yielding when backing onto a highway.
- Slow-moving vehicles must stay to the right.
- Driving on the right half of the road, except in certain conditions like overtaking or when an obstruction exists.
3. Failing to Obey Traffic Control Devices
- Common in accidents where drivers ignore stop signs or red lights. Specific rules cover behavior at signals displaying green, yellow, or red lights and making safe left turns.
Should I Get a Car Accident Lawyer?
When considering hiring a car accident lawyer in Iowa, it's important to note the following standard practices:
1. No Up-Front Fees: Typically, lawyers operate on a contingency fee basis, meaning they only get paid if they win the case. The fee is usually a percentage of the settlement.
2. Selective Case Acceptance: Qualified lawyers usually accept cases where they believe they can significantly impact the compensation received.
3. Comprehensive Services: Lawyers should handle all interactions with insurance companies, obtain medical records, and keep clients updated.
Contact an Iowa Truck Accident Lawyer Today
At Walker, Billingsley & Bair, our team of experienced lawyers can assist you in navigating the complexities of truck accident claims. We are dedicated to ensuring you receive compensation for the damages you’ve suffered.
For more information on injury claims, download our free e-book, ""The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case."" To schedule an appointment with a truck accident lawyer, Contact our office at 641-792-3595 to speak with an attorney.