Toledo Truck Accident Injury Attorneys

Across the extensive highway networks, trucking accidents frequently cause significant disturbances, often resulting in severe injuries. In these trying times, trucking injury attorneys serve as steadfast supporters, providing assistance and advice to survivors. They specialize in the intricate aspects of trucking laws and regulations.

Is it True That a Trucking Company Can Destroy Truck Driver Records Pertaining to My Truck Accident?

In the aftermath of a truck accident, one critical concern is whether the trucking company can destroy pertinent driver records. The short answer is yes, they can, but only after a specified period. However, there are legal strategies to prevent this destruction, such as sending a spoliation letter, which advises the company that all pertinent documentation must be preserved, maintained, and protected. Here's how you can protect your rights and ensure you get the compensation you deserve.

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 record includes the driver’s time on and off duty, use of the sleeper berth, and the amount of time spent driving. According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies must maintain these records and any supporting documents for at least six months. A spoliation letter can formally notify the trucking company that these records must be preserved as they are crucial for your claim.

Other Important Documents in a Truck Accident Case

Depending on the cause of the crash or suspicions of other forms of negligence, other records might also be valuable. For instance, the driver qualification files, which are part of the driver’s personnel file, contain vital information like motor vehicle records, employment applications, annual driving record reviews, certifications of violations, and medical examiner’s certificates. These documents can help determine if the truck driver was qualified to operate a commercial vehicle.

Trucking companies also maintain numerous other records concerning both their drivers and their vehicles. To ensure these records are protected, your attorney can send a spoliation letter.

How a Spoliation Letter Protects Truck Driver Records

Preserving evidence is critical after a truck accident, so it’s essential to talk with an attorney as soon as possible. This allows time to discuss the case and for the attorney to send a spoliation letter detailing the types of documentation that must be preserved. The letter should clearly state that evidence must not be destroyed, erased, altered, or otherwise manipulated. Additionally, it should put the trucking company on notice that failure to comply may result in additional damages being sought.

Iowa Trucking Laws and Regulations

In addition to federal regulations, Iowa has specific laws for truck drivers. For instance, Iowa bans all drivers, including truck drivers, from texting while driving. Hand-held cell phone use is also prohibited. Accidents must be reported if property damage is $1,500 or greater, or if there are injuries or fatalities.

The Iowa Department of Transportation (DOT) enforces rules on the transportation of hazardous materials, requiring trucks to display a placard. In the event of an accident involving hazardous materials, local law enforcement or the Iowa State Patrol Communications, along with other agencies like the Iowa DOT’s Office of Motor Vehicle Enforcement and the Iowa Department of Natural Resources (DNR), must be notified.

FMCSA Regulations for Commercial Truck Maintenance

The FMCSA regulates various aspects of the trucking industry, including maintenance. Truck companies must:

- Keep records of inspections, repairs, and maintenance.
- Correct any violations or defects noted on roadside inspection reports.
- Conduct post-trip inspections at the end of each driving period.
- Perform periodic inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections require special qualifications. For example, brake inspectors must have adequate training and experience, and trucking companies must maintain records of these qualifications.

Important Equipment for Truck Safety

Several types of equipment are crucial for truck safety and must be properly maintained, including:

- Brakes
- Lights and reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires and wheels/rims
- Horns
- Rearview mirrors
- Coupling devices

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.