- Tipton Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Across the extensive network of highways, trucking accidents can cause significant disruption, frequently leading to life-altering injuries for those involved. In these challenging situations, trucking injury lawyers stand as reliable supporters, providing guidance and assistance to survivors. These legal professionals specialize in navigating the intricate landscape of trucking regulations.
Truck Accident Insurance and Why to Conduct an Accident Investigation
Truck accidents are inherently different from accidents involving only passenger cars. Not only are the injuries often more serious due to the size and weight of trucks, but the process of filing a claim can be more complex. Proving negligence on the part of the trucking company may be required, which adds an additional layer of difficulty.
Reasons to Conduct a Truck Accident Investigation
Truck companies have their own insurance companies, which aggressively defend their clients. They often employ investigators to conduct accident investigations, which can work against the interests of the accident victims. This is why victims may benefit from an Iowa personal injury attorney who can offer legal representation and help conduct an investigation.
Preserving and Collecting Evidence
Insurance companies may use various tactics to diminish the value of a claim or deny it entirely. Therefore, it’s essential to preserve and collect all available evidence. Much of the necessary evidence needs to be obtained from the truck company, including employee records, maintenance records, and hours of service records. There is a risk that these records may be altered or destroyed.
An Iowa personal injury attorney can send a spoliation letter to the truck company, requiring them to preserve necessary documentation, devices, and records, ensuring a more thorough accident investigation.
Key Records to Preserve
The preservation of evidence is critical in truck accident cases. Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require trucking companies to maintain records of duty status and supporting documents for at least six months. These records include the driver’s time on and off duty, use of the sleeper berth, and time spent driving.
Other valuable records include driver qualification files, which contain information like motor vehicle records, employment applications, annual driving record reviews, certification of violations, and medical examiner’s certificates. These records can help determine whether the driver was qualified to operate the truck.
How a Spoliation Letter Can Protect Evidence
A spoliation letter from an attorney can protect truck driver records after an accident by advising the trucking company to preserve all pertinent documentation. The letter should detail the types of documentation to be kept and stipulate that the evidence must not be destroyed, erased, altered, or manipulated. This helps ensure that crucial evidence is available to build a strong case.
The sooner an attorney gets the records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other types of crashes because of the availability of the truck company’s records.
For help with a claim, contact an attorney today. The law firm of Walker, Billingsley & Bair can assist clients in collecting all relevant documentation and ensuring all records are preserved.
You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement
We all want to be treated fairly, whether by our employer or the insurance company. Here are six little-known secrets to help you get a fair settlement:
1. Know Your Facts and the Law
If you handle a case on your own, you must know the facts and how Iowa laws apply. Insurance adjusters are trained to use techniques to convince you to settle for less than fair value. They might pretend to be your friend, tell you that you don’t need a lawyer, or that your case is weak. Knowledge of the law will help you counter these tactics.
2. You Do Not Have to Give a Recorded Statement
In most cases, you are not required to give a recorded statement to the insurance adjuster for the other side, especially if there is a police report. If unsure, consult a qualified Iowa personal injury attorney.
3. Always Tell the Truth
Honesty is the best policy. Insurance companies have extensive databases of prior claims. If you lie about previous claims, you can harm the value of your case.
4. Ask About Insurance Coverage
In car accident and personal injury cases, ask the adjuster how much insurance coverage is available. They might not tell you, but it’s important information. If you have significant injuries, you may need to look at your own underinsured motorist policy for additional coverage.
5. Making Threats Will Not Help Your Case
Insurance adjusters are professionals trained to minimize payouts. Making threats will not increase your settlement value and can harm your case by making you appear unreasonable.
6. Know the Value of Your Case
Research similar cases in Iowa to understand how much they are worth. Without this information, it is difficult to negotiate effectively with the insurance adjuster.
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.