Lone Tree Truck Accident Injury Attorneys

Across the broad spectrum of highway networks, trucking accidents can cause major disturbances, often leading to severe injuries. In these tough circumstances, trucking injury lawyers act as trustworthy supporters, providing survivors with guidance and aid. These attorneys are well-versed in the complexities of trucking laws and regulations.

Systems That Prove Fault in Iowa Car Accidents

Like many states, Iowa follows specific rules of the road, detailed in Iowa Code Chapter 321 - Motor Vehicles and Law of the Road. These rules cover various scenarios, including who must yield at uncontrolled intersections, responsibilities for striking a disabled car, and duties toward pedestrians. This article will discuss some of the most common methods used to prove fault in Iowa car accidents.

Before delving into these methods, it’s essential to understand that Iowa is a comparative fault state. This means that the fault of the drivers involved in a car accident is compared to each other. For example, if two drivers are involved in a crash, one speeding and the other failing to yield, the fault of each will be determined by a judge or jury. If a driver is found to be 51% or more at fault, they cannot recover any damages. If they are 50% or less at fault, their recoverable damages are reduced by their percentage of fault. For instance, if a driver sustains $100,000 in damages but is found 25% at fault, they can only recover $75,000.

Common Ways to Prove Fault in Iowa Car Accidents

1. Failure to Stop Within an Assured Distance, Maintain Control, or Follow Closely
   These violations are often cited in rear-end collisions. If a driver fails to pay attention to traffic stopping ahead or does not see the vehicle in front of them, these laws may be invoked.

   - Assured Clear Distance Ahead: No person shall drive any vehicle on a highway at a speed greater than what permits them to stop within the assured clear distance ahead, meaning the distance from which noticeable objects, reasonably expected or anticipated to be upon the highway, can be seen.
   - Failure to Maintain Control of Vehicle: Drivers must have their vehicle under control and reduce speed to a reasonable rate when approaching and traveling through intersections.
   - Following Too Closely: Drivers should not follow another vehicle closer than is reasonable, considering the speed of the vehicles, traffic, and highway conditions.

2. Failing to Yield
   Various scenarios involve failing to yield, such as at uncontrolled intersections, when pulling in front of oncoming traffic, or when passing.

   - Meeting and Turning to the Right: Vehicles meeting on any road must yield half of the road by turning to the right.
   - Approaching or Entering Intersection: When two vehicles enter an intersection simultaneously, the vehicle on the left must yield to the vehicle on the right.
   - Backing onto a Highway: Vehicles should not reverse onto a highway unless it can be done safely, yielding to any approaching vehicle.
   - Slow-Moving Vehicles: Vehicles moving slower than the normal speed of traffic must drive in the right-hand lane or as close to the right-hand curb as possible.
   - Driving on the Right Half of the Road: Vehicles must be driven on the right half of the road unless overtaking another vehicle, avoiding an obstruction, or traveling on a one-way road.
   - Entering Through Highways: Drivers must stop or yield at the entrance to a through highway, yielding to vehicles on the highway.

3. Failing to Obey a Traffic Control Device
   This often involves drivers failing to stop at stop signs or red lights, resulting in collisions.

   - Traffic Signals: 
     - Vehicles facing a green light may proceed unless specifically prohibited, yielding to other vehicles and pedestrians lawfully in the intersection.
     - Vehicles facing a yellow light are warned that the green movement is stopping and should stop if it is safe.
     - Vehicles facing a red light must stop and remain stopped until the signal changes, though they may turn right on red if not prohibited.
     - Vehicles facing a green arrow may proceed in the direction indicated by the arrow, yielding to other vehicles and pedestrians.

   - Left Turns: Drivers intending to turn left must yield to oncoming vehicles that are an immediate danger before making the turn.

FMCSA Regulations for Commercial Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces regulations on commercial truck maintenance. Truck companies are responsible for maintaining their big rigs to ensure safety.

Examples of FMCSA Truck Maintenance Regulations

- Recordkeeping: Inspections, repairs, and maintenance performed must be documented.
- Correction of Violations: Any violations or defects noted on roadside inspection reports must be corrected.
- Post-Trip Inspection Report: Drivers must complete an inspection report at the end of each driving period.
- Periodic Inspections: Trucks must undergo inspections at least once every 12 months.

FMCSA Regulations for Inspectors

Certain inspections, like those for brakes, require inspectors to have adequate training and experience. Truck companies must keep evidence of their inspectors’ qualifications on file throughout their employment and for a year afterward.

Important Equipment for Truck Safety

Proper maintenance of certain equipment is crucial for truck safety, including:
- Brakes
- Lights
- Reflectors
- Windshield wipers
- Steering mechanisms
- Emergency equipment
- Tires
- Wheels/rims
- Horn
- Rearview mirrors
- Coupling devices

Inspection, repair, and maintenance records must be kept at the vehicle’s garage location and retained 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 may be considered negligent and liable for any resulting injuries.

Preserving Truck Driver Records After an Accident

Trucking companies have the right to destroy certain records after a specified period. To prevent this from happening after a truck accident, an attorney can send a spoliation letter, advising the company to preserve all pertinent documentation.

Record of Duty Status

One critical piece of evidence is the driver’s record of duty status, which includes time on and off duty, use of the sleeper berth, and driving time. FMCSA regulations require these records to be maintained for at least six months. A spoliation letter can ensure these records are preserved.

Other Important Documents

Other valuable records may include driver qualification files, which contain information like motor vehicle records, employment applications, annual reviews of driving records, certification of violations, and medical examiner’s certificates. These records can be crucial in determining whether the truck driver was qualified to operate the vehicle.

How a Spoliation Letter Helps

An attorney can send a detailed spoliation letter to the trucking company, outlining the documentation to be preserved and warning against destroying, erasing, altering, or manipulating evidence. This ensures all relevant records are maintained, allowing for a stronger case to be built.

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.