Wellman Truck Accident Injury Attorneys

In the broad network of highway systems, trucking accidents frequently lead to major interruptions and serious injuries. In these challenging circumstances, trucking injury lawyers offer dependable support, providing survivors with guidance and aid. These legal experts are well-versed in the complexities of trucking laws and regulations.

Truck Accident Insurance and Why Conduct Accident Investigations

Truck accidents differ significantly from those involving only passenger cars. The size and weight of large trucks often result in more serious injuries and complex claim processes, which may require proving that the trucking company was negligent. Truck companies have their own insurance firms that aggressively defend their clients, often utilizing investigators to conduct accident investigations. Victims of these accidents can benefit greatly from the assistance of an Iowa personal injury attorney who can provide legal representation and help conduct a comprehensive investigation.

Reasons to Conduct a Truck Accident Investigation

The insurance companies representing truck firms may use various tactics to diminish the value of a claim or deny it entirely. This makes preserving and collecting all available evidence essential. A significant challenge is that much of the necessary evidence must be obtained from the truck company, including employee records, maintenance logs, and hours of service records. Unfortunately, there could be attempts to alter, change, or even destroy this evidence.

An attorney can help by sending a spoliation letter to the truck company, requiring the preservation of necessary documentation, devices, and records. This legal step is crucial to ensure a thorough investigation.

Protecting Truck Driver Records After an Accident

Trucking companies have the right to destroy certain truck driver records after a specified period. To prevent this, an attorney can send a spoliation letter advising the company to preserve all pertinent documentation. One critical piece of evidence is the driver’s record of duty status, which includes details on time spent on and off duty, use of the sleeper berth, and actual driving hours. The Federal Motor Carrier Safety Administration (FMCSA) mandates that these records be maintained for at least six months. The spoliation letter can remind the trucking company of its obligation to preserve these records for the truck accident claim.

Other important documents include the driver qualification files, which contain motor vehicle records, applications for employment, annual driving record reviews, certification of violations, and medical examiner’s certificates. These files can help determine if the driver was qualified to operate the truck.

Ensuring the Preservation of Evidence

Preserving evidence is critical after a crash, and it is essential to engage an attorney as soon as possible to ensure that a spoliation letter is sent. This letter should detail the types of documentation, records, and paperwork that must be preserved, stipulating that evidence should not be destroyed, altered, or erased. Failure to adhere to this request could result in additional damages sought against the truck company.

The sooner an attorney obtains the records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other kinds of crashes due to the availability of the truck company’s records. It’s crucial to take full advantage of this opportunity.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents are often severe, causing serious, disabling, or life-threatening injuries to drivers and occupants of smaller passenger cars. While driver errors are common causes of these accidents, sometimes the root cause is truck company negligence, particularly poor maintenance.

The FMCSA enforces rules on the upkeep of commercial vehicles, holding truck companies responsible for maintaining their big rigs. When equipment problems due to poor maintenance contribute to or cause an accident, the truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain equipment failures are more likely to cause crashes or exacerbate the impact of one. Common issues include:

- Brake Failure: Worn brakes that haven't been replaced can prevent a truck from stopping, leading to collisions.
- Tire Blowouts: Under or overinflated tires, worn treads, or defective tires can cause blowouts, leading to loss of vehicle control.
- Lighting Issues: Malfunctioning lights can reduce visibility, making it difficult for drivers to see the road and other vehicles.
- Windshield Wipers: Non-functional wipers can impair visibility during adverse weather conditions.
- Trailer Attachment: Improperly attached trailers can swing out of control or detach, posing serious risks to other road users.

Recoverable Damages in a Truck Accident Claim

When truck company negligence causes an accident, victims can seek compensation for various losses, including:

- Medical Expenses: Ambulatory services, hospitalization, follow-up doctor visits, medication, physical therapy, and future medical costs.
- Lost Income: Compensation for lost wages during the recovery period and for any reduction in earning capacity due to disability.
- Property Damage: Costs for vehicle repair or replacement.
- Physical and Emotional Losses: Damages for pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and post-traumatic stress disorder.

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.