Williamsburg Truck Accident Injury Attorneys

Throughout the expansive highway networks, trucking accidents can lead to major upheaval, frequently resulting in life-altering injuries for those involved. In these challenging scenarios, trucking injury lawyers stand as steadfast supporters, providing guidance and support to survivors. These legal experts specialize in navigating the intricate field of trucking regulations.

Is it true that a trucking company can destroy truck driver records pertaining to my truck accident?

It is the trucking company’s right to destroy certain truck driver records after a specified period of time. One way to help prevent this from happening after a truck accident is by having an attorney send a spoliation letter, which advises the company that all pertinent documentation must be preserved, maintained, and protected.

Preserving the Record of Duty Status

One of the most important pieces of evidence that could be useful in establishing fault is the driver’s record of duty status. The information recorded by the driver includes his/her time on and off duty, use of the sleeper berth, and the amount of time actually spent driving.

Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require that the trucking company maintain the records of duty status and any supporting documents for at least six months. The spoliation letter can inform the trucking company that it is required to preserve these records, as they are relevant to the truck accident claim.

Other Documents Important to a Truck Accident Case

Depending on the cause of the crash or any suspicions raised concerning other types of negligence that may have been contributing factors in the accident, other records could be valuable. For instance, the driver qualification files, which are kept with the driver’s personnel file, may be crucial.

Information from the qualification file includes the motor vehicle record, application for employment, annual review of driving record, certification of violations, medical examiner’s certificate, and more. One of the issues that might be called into question is whether the truck driver was qualified to operate a big rig in the first place.

Numerous other types of records are maintained by the trucking company, not only concerning their drivers but the vehicles as well. To ensure their protection, an attorney may decide to send a spoliation letter.

How a Spoliation Letter Can Protect Truck Driver Records after an Accident

Since the preservation of evidence is critical after a crash, it’s important to talk with an attorney as soon as possible. This will allow time to discuss the case and for the attorney to send a spoliation letter to the company outlining records that should be preserved.

It's best to provide detailed information about the types of documentation, records, and paperwork that are to be kept. The letter should stipulate that evidence isn’t to be destroyed, erased, altered, or otherwise manipulated and should put the company on notice that additional damages could be sought if they fail to adhere to the request.

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 kinds of crashes because of the availability of the trucking company’s records. It’s critical to take full advantage of this.

When a Delivery Driver Causes a Commercial Truck Accident

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. When an accident involving a delivery truck or another commercial vehicle type occurs, the injuries are often very serious. If you’ve been involved in an accident with a commercial vehicle in Iowa, here’s what you need to know about recovery and liability:

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

In most cases, one of two parties will be held liable when an accident involving a commercial vehicle occurs: the driver of the vehicle or the company that owns the truck.

If the driver of the truck is an employee of the trucking company, then the company will usually be held liable under the legal doctrine of respondent superior, which means that an employer is liable for the actions of its employees while they are acting under employ, according to the Legal Information Institute of Cornell University Law School.

If the driver of the delivery truck is an independent contractor, the driver may be held liable rather than the company that contracted him or her. In some cases, neither the driver nor the trucking company will be held liable, such as when a product malfunctions. For example, if a defective part on the truck caused the crash, the manufacturer of the truck (or a truck part), the shipper, or even the party responsible for loading the truck’s cargo may be held liable.

How to Prove Liability

If you’ve been in an accident caused by a commercial driver, you will have to prove the negligence of the at-fault party. Examples of negligence may include:

- Failing to perform an inspection of or maintenance on the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failure to adhere to traffic laws

Negligence is essentially any time someone acts or fails to act reasonably, as compared to what another person in the same situation would. You will need to prepare yourself for the trucking company to investigate a commercial truck crash.

A Williamsburg Truck Accident and Commercial Vehicle Attorney Can Help

An accident involving a delivery vehicle can be very scary and cause long-lasting injuries to the victims involved. If you’ve been in an accident with a delivery truck or another commercial vehicle in Williamsburg, the attorneys at Walker, Billingsley & Bair can represent you.

Iowa Code 614.1 provides you two years to file a claim for damages, so it’s important that you call us as soon as possible.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life-threatening injuries. Although driver errors are oftentimes the cause of these accidents, sometimes it stems from truck company negligence. This could be the case if equipment problems are to blame, which may result from poor commercial truck maintenance.

Poor Maintenance and Trucking Company Negligence

The trucking industry is regulated by the FMCSA, which enforces rules pertaining to various areas, one being the upkeep of commercial vehicles. Every truck company is responsible for the maintenance of its big rigs.

Although manufacturing defects are sometimes to blame, many times it is a failure in commercial truck maintenance. When this is found to be a contributing factor in an accident or the outright cause of it, a truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain types of equipment are more likely to cause a crash or make the impact of one much worse. One example is brake failure. If a driver cannot stop, there is the potential of running into another vehicle. This can happen when brakes (pads or shoes) are worn and haven’t been replaced.

Trucks can also jackknife when front brakes are depowered or removed. This causes the trailer of the big rig to fold, which can crush or strike other vehicles nearby.

Tires are another common equipment problem. They can blowout, which can be dangerous with flying debris, and the driver could lose control of the vehicle. Worn tire treads, under- or over-inflated tires are just some of the issues that could cause an accident.

If the lights aren’t functioning adequately, it can make visibility difficult. The same is true with windshield wipers. As a result, if the driver cannot see well, it could cause or contribute to a crash.

Another potential problem could be with the trailer. If it isn’t properly attached to the cab, it may end up swinging out of control or completely detach. This puts others on the road at serious risk.

Damages That May Be Recoverable in a Claim Stemming from a Truck Accident

When the truck company’s negligence is the reason for an accident, compensation could be sought for the financial losses suffered:

- Ambulatory services
- Hospitalization
- Follow-up doctor visits
- Medication
- Physical therapy
- Future medical expenses

Lost income, as a result of the healing and recovery period, may also be compensated. If the injuries are disabling and prevent the person from returning to work or if the individual must perform job tasks that pay less because of impairment, these financial losses may also be considered in a truck accident claim.

Property damage to the victim’s vehicle would also be addressed. If the vehicle is totaled, the replacement value may be factored into the claim value.

Physical losses could include damages for:

- Pain and suffering
- Disability
- Disfigurement
- Reduced quality of life

Emotionally, there may be compensation that addresses mental anguish, post-traumatic stress disorder, and other psychological harm resulting from the 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.