Altoona Truck Accident Injury Attorneys

Within the broad network of highway systems, trucking accidents can lead to significant upheaval, often resulting in severe injuries for those affected. In such trying moments, trucking injury lawyers stand as reliable supporters, offering guidance and direction to survivors. These attorneys are experts in the intricate field of trucking laws and regulations.

Preservation of Truck Driver Records After an Accident

Trucking companies have the right to destroy certain truck driver records after a specified period. However, if you've been involved in a truck accident, this can significantly impact your ability to gather evidence and build a strong case. An effective way to prevent the destruction of these records is by having an attorney send a spoliation letter. This letter advises the trucking company to preserve, maintain, and protect all pertinent documentation related to the accident.

Importance of the Record of Duty Status

One crucial piece of evidence is the driver's record of duty status. This record includes details about the driver's time on and off duty, use of the sleeper berth, and the amount of time spent driving. The Federal Motor Carrier Safety Administration (FMCSA) mandates that trucking companies maintain these records and any supporting documents for at least six months. A spoliation letter can remind the trucking company of its obligation to preserve these records, which are essential for a truck accident claim.

Other Important Documents in a Truck Accident Case

Other records that could be valuable in a truck accident case include the driver qualification files, which are part of the driver’s personnel file. This file contains the driver’s motor vehicle record, application for employment, annual review of the driving record, certification of violations, medical examiner’s certificate, and more. These documents can help determine if the truck driver was qualified to operate the vehicle.

Trucking companies maintain various other records about their drivers and vehicles. To ensure the protection of these records, an attorney may send a spoliation letter.

How a Spoliation Letter Can Protect Records After an Accident

Preserving evidence is critical after a crash, and it's important to contact an attorney as soon as possible. This allows the attorney to discuss the case and send a spoliation letter to the trucking company, outlining the records that should be preserved. The letter should specify that evidence must not be destroyed, erased, altered, or otherwise manipulated. It also puts the company on notice that additional damages could be sought if they fail to adhere to the request.

The sooner an attorney obtains the records, the quicker a case can be built. Truck accidents offer greater potential for evidence compared to other types of crashes due to the availability of the truck company’s records.

Timeframe for Preserving Truck Driver Records

A commercial trucking company must preserve hours of service records for only six months. After this period, the company may destroy the records. However, driver qualification files must be kept for the duration of the driver’s employment and for three years thereafter. A spoliation letter can be crucial in preventing the destruction of these and other relevant records.

Types of Truck Driver Records for an Accident Claim

A truck accident can generate a large volume of evidence, with the truck driver’s records being some of the most crucial. These records include:

- Medical records indicating whether the driver was fit to drive
- Cell phone records showing if the driver was on the phone
- Qualification file proving if the driver was qualified to operate a truck
- Employment history
- Driving history, including a list of driving violations

The "Black Box" Recorder

The truck’s "black box" recorder is another valuable piece of evidence in a truck accident case. It logs whether the truck driver was operating beyond the limits of "hours of service" regulations and whether fatigue was a factor. This information must be kept in the driver’s log books and preserved by the employer for at least six months. Given that accident claims often extend beyond this period, sending a spoliation letter to preserve these records is crucial.

Liability in a Commercial Truck Accident

When a commercial truck accident occurs, liability typically falls on either the driver or the trucking company. If the driver is an employee, the company will usually be held liable under the legal doctrine of respondeat superior, which holds employers accountable for their employees' actions performed within the scope of their employment.

If the driver is an independent contractor, liability may fall on the driver rather than the trucking company. In cases where a product malfunction or defective part caused the crash, the manufacturer, shipper, or party responsible for loading the truck's cargo may be held liable.

Proving Liability

To prove liability in a commercial truck accident, you must demonstrate the negligence of the at-fault party. Examples of negligence include:

- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failure to adhere to traffic laws

Negligence is any action or failure to act reasonably compared to what another person in the same situation would do. It is crucial to prepare for the trucking company’s investigation of the crash.

Contact an Iowa Truck Accident Lawyer Today

At Walker, Billingsley & Bair, our team of experienced lawyers can assist you in navigating the complexities of truck accident claims. We are dedicated to ensuring you receive compensation for the damages you’ve suffered. 

For more information on injury claims, download our free e-book, "The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case." To schedule an appointment with a truck accident lawyer, Contact our office at 641-792-3595 to speak with an attorney.