Storm Lake Truck Accident Injury Attorneys

Across the extensive realm of highways, trucking accidents can cause substantial disturbances, frequently leading to severe injuries for those involved. In these challenging times, trucking injury lawyers act as unwavering supporters, providing direction and assistance to survivors. These legal professionals specialize in navigating the complex terrain of trucking laws and regulations.

Differences Between City Truck Accident Claims and Regular Truck Accident Claims

A city truck accident claim differs primarily from a regular truck accident claim because it involves the government, necessitating a different filing process. Instead of going through an insurance company, claims against government entities must be filed at City Hall. This process can be more complex and problematic, requiring the expertise of a personal injury lawyer to ensure that the victim's rights are protected.

Filing a City Truck Accident Claim

City trucks include various types of municipal vehicles such as:

- Fire engines
- Buses
- Utility vehicles
- Garbage trucks

When involved in an accident with a city truck you need to complete an Automobile Claim Form and submit it to the Legal Department at City Hall. This form requires information about:

- Your car
- Any injuries sustained
- Witnesses to the accident
- A description of the accident

Supporting documents, such as photographs of injuries, vehicle damage, and other physical evidence, must be attached. The form also requires two estimates for any property damage claimed. If the city denies the claim, you may need to pursue a lawsuit to recover damages. An attorney can help ensure that all necessary information is included in the claim form, as missing or incorrect information can devalue or void the claim.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations on commercial truck maintenance. Truck companies are responsible for maintaining their vehicles according to these regulations.

Examples of FMCSA Truck Maintenance Regulations

Some of the federal regulations for maintaining large trucks include:

- Recordkeeping of inspections, repairs, and maintenance
- Correcting violations or defects noted on roadside inspection reports
- Conducting post-trip inspection reports at the end of each driving period
- Performing periodic inspections at least once every 12 months

FMCSA Regulations for Inspectors

Certain inspections, such as brake inspections, require qualified inspectors. Inspectors must have adequate training and experience, and truck companies must keep evidence of their qualifications on file throughout employment and for an additional year after the employee leaves.

Important Equipment for Truck Safety

Key equipment that must be properly maintained includes:

- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

All inspection, repair, and maintenance records must be kept by the truck company at the vehicle’s garage location for six months after the vehicle is sold, scrapped, or otherwise handled. If poor truck maintenance caused a crash, the truck company can be considered negligent and liable for injuries.

Protecting Truck Driver Records in a Truck Accident Case

It is the trucking company’s right to destroy certain truck driver records after a specified period. To prevent this after a truck accident, an attorney can send a spoliation letter, advising the company to preserve all pertinent documentation.

Preserving the Record of Duty Status

The driver’s record of duty status is crucial in establishing fault. This record includes the driver’s time on and off duty, use of the sleeper berth, and time spent driving. FMCSA regulations require trucking companies to maintain these records and supporting documents for at least six months. A spoliation letter can inform the company to preserve these records for the truck accident claim.

Other Important Documents

Other valuable records may include the driver qualification files, which are kept with the driver’s personnel file. This file includes:

- Motor vehicle record
- Application for employment
- Annual review of driving record
- Certification of violations
- Medical examiner’s certificate

These records help determine if the driver was qualified to operate a big rig. Numerous other records related to drivers and vehicles must be preserved to ensure a fair claim process.

How a Spoliation Letter Can Protect Records

A spoliation letter specifies the types of documentation to be preserved and stipulates that evidence should not be destroyed, erased, altered, or manipulated. This letter puts the company on notice that additional damages could be sought if they fail to adhere to the request.

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.