Glenwood Truck Accident Injury Attorneys

 Across the vast domain of highway systems, trucking accidents can create considerable disruption, often causing severe injuries for those affected. In such turbulent scenarios, trucking injury lawyers act as steadfast supporters, offering guidance and assistance to survivors. These legal experts are adept at handling the intricate landscape of trucking laws and regulations.

Federal Motor Carrier Safety Administration (FMCSA) Regulations for Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations pertaining to a variety of areas, including commercial truck maintenance. Every truck company is responsible for maintaining its big rigs, ensuring safety and compliance with FMCSA regulations.

Examples of FMCSA Truck Maintenance Regulations

The FMCSA has outlined several regulations that pertain to the maintenance of large trucks, including but not limited to:

- Recordkeeping of Inspections, Repairs, and Maintenance: Truck companies must keep detailed records of all inspections, repairs, and maintenance performed on their vehicles.
- Correcting Violations or Defects: Any violations or defects noted on roadside inspection reports must be corrected promptly.
- Post-Trip Inspection Reports: Drivers must complete a post-trip inspection report at the end of each driving period, noting any issues that need attention.
- Periodic Inspections: Trucks must undergo periodic inspections at least once every 12 months to ensure they are in safe operating condition.

FMCSA Regulations for Inspectors

Certain types of inspections require that those conducting them meet specific qualifications. For example, brake inspectors must have adequate training and experience. Truck companies are required to keep evidence of the inspector's qualifications on file throughout their employment and for an additional year after the employee leaves.

Important Equipment for Truck Safety

Proper maintenance of the following equipment is critical for truck safety:

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

All inspection, repair, and maintenance records must be kept by the truck company at the vehicle’s garage location and for six months after the vehicle is sold, scrapped, or otherwise disposed of. If poor maintenance is suspected to have caused a crash, the truck company can be considered negligent and liable for any resulting injuries.

Is it True That a Trucking Company Can Destroy Truck Driver Records Pertaining to My Truck Accident?

It is within a trucking company’s rights to destroy certain truck driver records after a specified period. To prevent this from happening after a truck accident, an attorney can 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 for establishing fault is the driver’s record of duty status. This record includes the driver's time on and off duty, use of the sleeper berth, and the amount of time spent driving. FMCSA regulations require that these records, along with any supporting documents, be maintained for at least six months. A spoliation letter can notify the trucking company of the requirement to preserve these records, which are crucial for a truck accident claim.

Other Important Documents

Depending on the specifics of the crash, other records might also be valuable. Examples include the driver qualification files, which contain motor vehicle records, applications for employment, annual reviews of driving records, certifications of violations, medical examiner’s certificates, and more. These documents can help determine if the truck driver was qualified to operate the vehicle.

How a Spoliation Letter Can Protect Truck Driver Records

To preserve evidence critical after a crash, it’s important to consult an attorney as soon as possible. This allows the attorney to send a spoliation letter to the trucking company outlining which records should be preserved. The letter should specify that evidence must not be destroyed, erased, altered, or otherwise manipulated and that failure to comply could result in additional damages being sought.

By obtaining these records promptly, a case can be built more effectively. Truck accidents provide greater potential for evidence collection compared to other types of crashes because of the extensive records kept by trucking companies.

Should I Get a Car Accident Lawyer?

If you are considering hiring a car accident lawyer for your Iowa claim, here are some key points to know:

1. No Up-Front Fees: Qualified lawyers usually operate on a contingency fee basis, meaning you don’t pay any money upfront. The attorney is only paid if they win the case, typically receiving a percentage of the settlement (30% if the case settles, 33.33% if litigated, and up to 40% if the case goes to appeal).
   
2. Selective Case Acceptance: Reputable attorneys do not take every case that comes in the door. They accept cases where they believe they can make a significant difference in the compensation you receive.
   
3. Handling Insurance Companies: The attorney will manage all contact with insurance companies, obtain your medical records and bills on your behalf, and keep you updated on the case progress.

Warning Signs

If the lawyer you are considering does not align with these practices, it may be a red flag. Some law firms take every case in hopes that a few will be successful, often spending little time on others. Other lawyers may ask you to obtain your medical records and bills, which could indicate a lack of investment in your case.

At Walker, Billingsley & Bair, we handle all injury cases on a contingency fee basis. We never require upfront payments, take cases only where we can make a difference, and handle all medical records and bill retrieval for our clients. We also manage communication with insurance adjusters and subrogation holders, and keep our clients informed with copies of all correspondence.

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.