Ames Truck Accident Injury Attorneys

Within the vast network of highways, trucking accidents can lead to major disturbances, often causing severe injuries to those affected. In these chaotic scenarios, trucking injury lawyers serve as steadfast supporters, providing guidance and assistance to survivors. These legal professionals are experts in the intricate field of trucking laws and regulations.

Truck Driver Records and Evidence Preservation

A commercial trucking company is required to preserve hours of service records for only six months. After this period, the company may destroy these records, as per its rights. However, a driver's qualification file must be retained as long as the driver is employed and for three years thereafter. 

To prevent the destruction of crucial records, an attorney can send a spoliation letter to the trucking company, ensuring that truck driver records and other relevant documents or evidence are preserved for an upcoming or ongoing truck accident claim or lawsuit. This step is vital as it helps secure evidence that may be pivotal in proving liability and securing compensation for truck accident victims.

Crucial Truck Driver Records in Accident Claims

In a truck accident claim, various records can serve as crucial evidence:

- Medical Records: Indicate whether the driver was fit to drive.
- Cell Phone Records: Show if the driver was on the phone at the time of the accident.
- Qualification File: Proves if the driver was qualified to operate the truck.
- Employment History: Provides context on the driver’s professional background.
- Driving History: Lists any driving violations of the at-fault driver.

The "Black Box" Recorder

The "black box" recorder in a truck, which logs critical data, can be invaluable in a truck accident case. It records information on whether the truck driver was operating beyond the regulated hours of service and if fatigue was a factor in the accident. Truck drivers have strict limits on their driving hours to prevent fatigue-related accidents. For instance, drivers of property-carrying vehicles cannot drive more than one hour after 10 consecutive hours off duty and cannot drive beyond the 14th consecutive on-duty hour. This data must be preserved for at least six months by the employer, and ensuring this through a spoliation letter can be crucial in a legal case.

Seeking Damages After a Truck Accident

If you have been involved in an Iowa truck accident, filing a claim with the responsible insurance company is essential. However, it is important to be cautious, as insurance adjusters may not always act in your best interest. Common tactics by insurers include:

- Underestimating the value of your claim.
- Delaying investigations to frustrate you into accepting a lower settlement.
- Using medical professionals to downplay your injuries or claim pre-existing conditions.

If the insurance company refuses to offer fair compensation, you may need to pursue a lawsuit. An Iowa truck accident lawyer can represent your interests in court, ensuring you receive the compensation you deserve.

Determining Liability in Truck Accidents

Proving negligence is critical in a truck accident lawsuit. Several parties may be liable, including:

- The truck driver.
- The trucking or shipping company.
- The safety director of the company.
- The vehicle inspector.
- The truck manufacturer.

An experienced truck accident attorney can investigate your case, determine liability, and represent your interests, allowing you to focus on recovery rather than dealing with insurance adjusters and settlement negotiations.

Common Types of Fatal Semi Truck Accidents

Some of the most common types of fatal truck accidents include:

1. Underride Accidents: Smaller vehicles drive underneath large trucks.
2. Override Accidents: Large trucks drive over smaller vehicles, motorcycles, or pedestrians.
3. Jackknife Accidents: The trailer folds into the truck after sudden braking.
4. Head-on Collisions
5. Rollovers

Regardless of the specific type of accident, the consequences can be devastating, often resulting in severe injuries or fatalities.

Truck Company Negligence and Poor Maintenance

The Federal Motor Carrier Safety Administration (FMCSA) regulates the maintenance of commercial vehicles. Trucking companies are responsible for keeping their vehicles in safe working condition. Failure to maintain vehicles properly can lead to accidents, making the company liable for damages.

Common Equipment Problems

Several equipment issues can lead to accidents, including:

- Brake Failure: Worn brakes can prevent the driver from stopping, leading to collisions.
- Tire Blowouts: Can cause loss of control and dangerous flying debris.
- Lighting Issues: Poor visibility can result in crashes.
- Improperly Attached Trailers: Can swing out of control or detach, posing serious risks.

Recoverable Damages in Truck Accident Claims

When a truck company's negligence causes an accident, victims may seek compensation for:

- Medical Expenses: Ambulance services, hospitalization, doctor visits, medication, physical therapy, and future medical costs.
- Lost Income: Due to recovery time or disability affecting the ability to work.
- Property Damage: Repair or replacement costs of the vehicle.
- Physical and Emotional Losses: Pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, and PTSD.

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.