Wilton Truck Accident Injury Attorneys

 Throughout the broad highway systems, trucking accidents can result in major disruptions, frequently causing serious injuries to those involved. In these chaotic scenarios, trucking injury lawyers serve as steadfast supporters, providing guidance and assistance to survivors. These legal specialists are adept at navigating the complex terrain of trucking regulations.

When a Delivery Driver Causes a Commercial Truck Accident

Commercial truck accidents, including those involving delivery trucks, often result in serious injuries. If you have been involved in an accident with a commercial vehicle in Iowa, it is essential to understand the laws surrounding liability and recovery. This article provides a comprehensive guide on who can be held liable, how to prove negligence, the role of federal regulations in truck maintenance, and the importance of preserving truck driver records.

Liability in Commercial Truck Accidents

When a commercial vehicle accident occurs, liability typically falls on one of two parties: the driver or the company that owns the truck. 

- Employer Liability: If the driver is an employee of a trucking company, the company is usually held liable under the legal doctrine of "respondeat superior." This principle holds employers accountable for their employees' actions performed within the scope of their employment.
  
- Independent Contractors: If the driver is an independent contractor, liability may fall on the driver rather than the company that contracted them.

- Other Liable Parties: In some cases, neither the driver nor the trucking company may be liable. For instance, if a defective part on the truck caused the accident, the manufacturer of the truck or the specific part, the shipper, or the party responsible for loading the cargo may be held liable.

Proving Liability

To recover compensation, you must prove the negligence of the at-fault party. Examples of negligence include:

- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Driving while impaired
- Speeding
- Aggressive driving
- Violating traffic laws

Negligence is established by showing that the party failed to act as a reasonably prudent person would under similar circumstances.

FMCSA Regulations and Truck Maintenance

The Federal Motor Carrier Safety Administration (FMCSA) sets forth regulations for commercial truck maintenance to ensure safety. Key regulations include:

- Recordkeeping: Detailed records of inspections, repairs, and maintenance must be maintained.
- Correction of Defects: Any violations or defects noted during roadside inspections must be corrected.
- Post-Trip Inspections: Drivers must complete a post-trip inspection report at the end of each driving day.
- Periodic Inspections: Trucks must undergo inspections at least once every 12 months.

Inspector Qualifications

Certain inspections, such as brake inspections, require specific qualifications for inspectors. Truck companies must keep evidence of the inspectors' qualifications on file.

Key Equipment for Safety

Essential equipment that must be well-maintained includes:

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

Proper maintenance of these components is crucial for preventing accidents.

Preserving Truck Driver Records

The driver’s record of duty status is critical evidence in establishing fault. This record includes details such as:

- Time on and off duty
- Use of the sleeper berth
- Driving time

FMCSA regulations mandate that these records be kept for at least six months. To ensure these records are preserved, an attorney can send a spoliation letter to the trucking company, advising them to maintain all relevant documentation.

Other Important Documents

Other valuable documents might include:

- Driver qualification files
- Motor vehicle records
- Employment applications
- Annual reviews of driving records
- Certification of violations
- Medical examiner’s certificates

These documents can help determine if the driver was qualified and fit to operate the commercial vehicle.

Sending a Spoliation Letter

A spoliation letter is crucial to ensure the preservation of evidence. This letter should specify the types of records to be kept and warn against destruction, alteration, or manipulation of the evidence. Timely action is essential for building a strong case.

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.