Walford Truck Accident Injury Attorneys

Within the extensive network of highways, trucking accidents frequently result in significant interruptions and serious injuries. During these trying times, trucking injury attorneys are steadfast supporters, offering assistance and advice to those affected. They are proficient in the detailed aspects of trucking laws and regulations.

When a Delivery Driver Causes a Commercial Truck Accident

Accidents involving delivery trucks and other commercial vehicles often result in serious injuries. According to the Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. If you've been involved in an accident with a commercial vehicle in Iowa, understanding recovery and liability is crucial.

Who's Liable for a Car Accident Caused by a Commercial Driver?

Liability in accidents involving commercial vehicles typically falls on either the driver or the company that owns the truck. If the driver is an employee of the trucking company, the company is usually held liable under the doctrine of respondeat superior, meaning an employer is responsible for the actions of its employees performed within the scope of employment.

However, if the driver is an independent contractor, the driver may be held liable instead. There are cases where neither the driver nor the company is liable, such as when a defective truck part causes the crash. In these instances, the manufacturer or the party responsible for loading the truck may be held accountable.

How to Prove Liability

Proving liability requires demonstrating the negligence of the at-fault party. Examples of negligence include:

- Failing to perform vehicle inspections or maintenance
- Improperly loading cargo
- Driving while impaired
- Speeding or aggressive driving
- Violating traffic laws

Negligence is established by showing that the responsible party failed to act reasonably compared to how another person in the same situation would have acted. Be prepared for the trucking company to conduct its investigation.

I Was Injured In an Accident With a Semi Truck - What Are My Legal Options?

Semi truck accidents are severe, often causing significant injuries. Victims have strong legal protections if they were not at fault. Understanding your rights and responsibilities is crucial when pursuing legal action against a trucking company.

Causes of Semi Truck Accidents

Driver error is a common cause of truck accidents, including:

- Sleep deprivation
- Drug use (prescription or recreational)
- Speeding
- Inattention and distractions
- Work stress
- Unfamiliarity with the road

Mechanical issues, such as brake failures, tire problems, and transmission failures, also cause many accidents. Loading errors and manufacturing defects can contribute to these incidents.

Establishing Negligence in Truck Accident Cases

To succeed in a personal injury action after a semi truck accident, you must prove:

1. A duty of care between the parties
2. The defendant breached that duty
3. The breach caused the injury
4. The claimant suffered damages

Negligent behavior, such as exceeding hours-of-service limitations or speeding, can leave a party liable for injuries.

Liable Parties and Challenges in Accident Cases

All parties involved in the trucking industry may be liable if their actions caused an accident. FMCSA regulations govern aspects like driver hours, mandatory drug testing, and load weight limits. A violation of these rules can indicate negligence. Truck companies are responsible for their drivers' actions and can be held liable.

Trucks often carry onboard devices recording driver actions. These records can be crucial evidence. An attorney can send a spoliation letter to preserve these records, making early legal intervention important.

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 must ensure their vehicles are properly maintained.

Examples of FMCSA Truck Maintenance Regulations

Key regulations include:

- Keeping records of inspections, repairs, and maintenance
- Correcting any violations or defects noted on roadside inspection reports
- Conducting post-trip inspections
- Performing periodic inspections at least once every 12 months

FMCSA Regulations for Inspectors

Certain inspections, like brake inspections, require qualified personnel. Truck companies must keep records of inspectors' qualifications.

Important Equipment for Truck Safety

Proper maintenance of crucial equipment, including brakes, lights, reflectors, windshield wipers, steering mechanisms, emergency equipment, tires, wheels/rims, horns, rearview mirrors, and coupling devices, is essential.

Maintenance records must be kept at the truck’s garage location and for six months after the vehicle is sold or scrapped. Poor maintenance can lead to liability for the truck company in the event of an accident.

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.