Boone Truck Accident Injury Attorneys

Within the extensive realm of highways, trucking accidents can cause substantial disruption, frequently leading to serious injuries for those involved. In these challenging times, trucking injury lawyers stand as unwavering advocates, providing support and guidance to survivors. These legal professionals specialize in navigating the complex terrain of trucking laws and regulations.

Should I Get a Car Accident Lawyer?

When considering whether to hire a car accident lawyer for your Iowa claim, it’s essential to understand how qualified lawyers typically operate. Here are the main points you should know:

1. No Up-Front Fees: Reputable lawyers usually do not require any upfront fees or retainers.
2. Contingency Fees: The lawyer is paid only if they win the case, receiving a percentage of the compensation. This percentage typically ranges from 30% if the case settles, 33.33% if litigated, and up to 40% if the case goes to appeal.
3. Selective Case Acceptance: Qualified lawyers don’t take every case; they only accept cases where they believe they can significantly increase the compensation you receive.
4. Full-Service Representation: The attorney will manage all interactions with insurance companies, obtain medical records and bills on your behalf, and keep you informed about the case progress.

If the lawyer you’re considering deviates from these standards, it might be a red flag. For instance, some firms accept every case indiscriminately, potentially neglecting less promising ones. Others may expect you to handle tasks like obtaining your medical records, indicating a lack of commitment to your case.

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

Trucking companies have the right to destroy certain records after a specified period. However, a spoliation letter from an attorney can prevent this, ensuring that all relevant documentation is preserved.

Preserving the Record of Duty Status

The driver's record of duty status is crucial in establishing fault. This record includes the driver's time on and off duty, use of the sleeper berth, and actual driving time. The Federal Motor Carrier Safety Administration (FMCSA) mandates that these records be kept for at least six months. A spoliation letter ensures these records are preserved for your claim.

Other Important Documents

Other valuable records include the driver qualification files, which contain the motor vehicle record, employment application, driving record reviews, certification of violations, and the medical examiner’s certificate. These files can help determine if the truck driver was qualified to operate the vehicle. Numerous other records related to drivers and vehicles are maintained by the trucking company and can be protected by a spoliation letter.

How a Spoliation Letter Protects Evidence

An attorney can send a spoliation letter specifying the types of records to be preserved and warning against their destruction. This helps ensure critical evidence is available for building your case. For assistance with a claim, contact the law firm of Walker, Billingsley & Bair.

Systems That Prove Fault in Iowa Car Accidents

Iowa follows the "rules of the road" detailed in Iowa Code Chapter 321. These laws dictate responsibilities such as yielding at intersections and stopping for disabled vehicles. Iowa is a comparative fault state, meaning fault is assigned to each driver, and compensation is adjusted based on the percentage of fault. If a driver is found to be 51% or more at fault, they cannot recover damages. If less than 51% at fault, their damages are reduced by their fault percentage.

Common Ways to Prove Fault in Iowa Car Accidents

1. Failure to Stop Within Assured Distance: Drivers must not exceed speeds that prevent stopping within a visible distance ahead.
2. Failure to Maintain Control: Drivers must control their vehicles and reduce speed appropriately when approaching intersections or obstacles.
3. Following Too Closely: Drivers must maintain a reasonable distance from the vehicle ahead, considering speed, traffic, and road conditions.
4. Failing to Yield: This includes various scenarios like uncontrolled intersections and turning in front of oncoming traffic.
5. Disobeying Traffic Control Devices: This is common when drivers fail to stop at stop signs or red lights.

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.