West Liberty Truck Accident Injury Attorneys

 Across the vast network of highways, trucking accidents can lead to major disruptions, frequently resulting in life-altering injuries for those involved. In these challenging times, trucking injury lawyers serve as steadfast supporters, providing guidance and assistance to survivors. These attorneys excel in the intricate field of trucking laws and regulations.

Preserving Truck Driver Records After an Accident

In the aftermath of a truck accident, one of the critical concerns is the preservation of truck driver records, which can be essential in establishing fault and building a strong case. Trucking companies have the right to destroy certain records after a specified period. To prevent this from happening, an attorney can send a spoliation letter, which instructs the trucking company to preserve all pertinent documentation.

Key Records to Preserve:
1. Record of Duty Status: This includes the driver’s time on and off duty, use of the sleeper berth, and actual driving time. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies must maintain these records for at least six months.
2. Driver Qualification Files: These files contain critical information such as the motor vehicle record, application for employment, annual driving record review, certification of violations, and the medical examiner’s certificate. These documents can be pivotal in questioning whether the driver was qualified to operate the truck.

Role of a Spoliation Letter:
- A spoliation letter helps ensure that all relevant records are preserved, maintained, and protected.
- The letter details the types of documentation to be kept, stipulating that evidence must not be destroyed, erased, altered, or manipulated.
- The letter puts the company on notice that failure to adhere to the request could lead to additional damages.

Early involvement of an attorney is crucial to ensure that these records are secured promptly, as they can provide substantial evidence in a truck accident claim.

Filing a Truck Accident Claim for Falling Cargo

Victims struck by falling cargo from a truck, even if the truck does not physically crash into their vehicle, can still file a truck accident claim. This situation, known as an unsecured load, is unfortunately common, and truck accident lawyers are well-versed in handling such cases.

Filing a Claim:
- Truck drivers and companies have a duty to secure cargo properly to prevent it from becoming a hazard.
- Victims must have suffered damages or injuries due to the falling cargo to file a claim.

Determining Liability:
- If the truck driver loaded the cargo, they might be held responsible for the accident.
- If another employee of the trucking or shipping company loaded the cargo, that person could also bear responsibility.
- The trucking company could be liable under the principle of "respondeat superior," which holds companies accountable for their employees' actions during employment.
- If a third party loaded the cargo, they might also be found liable.
- If a defect in the trailer led to the cargo spill, the trailer's manufacturer could be held liable.

An Iowa law firm in Des Moines, such as Walker, Billingsley & Bair, can help establish accident liability and pursue compensation for damages in these complex cases.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents can result in severe injuries, especially for occupants of smaller passenger vehicles. While driver error is a common cause, poor commercial truck maintenance due to truck company negligence can also lead to accidents.

Common Equipment Problems Due to Poor Maintenance:
- Brake Failure: Worn brakes can prevent a truck from stopping, leading to collisions.
- Tire Issues: Blowouts, worn treads, or improperly inflated tires can cause a driver to lose control.
- Lighting and Visibility: Non-functioning lights or windshield wipers can impair a driver's visibility, increasing the risk of accidents.
- Trailer Issues: An improperly attached trailer can swing out of control or detach, posing a significant hazard.

Recoverable Damages:
Victims of truck accidents caused by poor maintenance can seek compensation for:
- Medical expenses, including hospital bills, medications, and physical therapy.
- Future medical costs related to ongoing treatment or rehabilitation.
- Lost income due to the inability to work during recovery.
- Losses due to permanent disability or reduced earning capacity.
- Property damage to the victim's vehicle.
- Non-economic damages for pain and suffering, disability, disfigurement, and reduced quality of life.
- Emotional distress, such as mental anguish or post-traumatic stress disorder.

Legal Assistance

Proving truck company negligence requires a thorough investigation and substantial evidence. Attorneys at Walker, Billingsley & Bair can help victims by:
- Conducting a detailed investigation into the crash.
- Securing and preserving critical records and evidence.
- Establishing liability and pursuing maximum compensation for damages.

If you've been involved in a truck accident, whether due to falling cargo or poor truck maintenance, contact Walker, Billingsley & Bair at (641) 792-0289 for expert legal assistance and to ensure all relevant documentation is preserved and your rights are protected.

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.