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 Throughout the extensive highway systems, trucking accidents can lead to significant disruption, frequently causing life-altering injuries to those involved. In these chaotic scenarios, trucking injury lawyers stand as reliable supporters, providing guidance and assistance to survivors. These legal specialists excel in navigating the complex landscape of trucking regulations.

Truck Company Negligence and Accidents: Maintenance, Record Preservation, and Falling Cargo

Truck accidents tend to be especially severe, causing serious, disabling, or life-threatening injuries to drivers and occupants of smaller passenger cars. These accidents often stem from driver errors, but sometimes the root cause is truck company negligence, particularly in the areas of poor maintenance, record preservation, and unsecured loads. This article explores how truck company negligence in these areas can lead to accidents and how victims can recover damages.

Poor Maintenance and Trucking Company Negligence

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules on the upkeep of commercial vehicles. Truck companies are responsible for maintaining their big rigs to ensure safety on the roads. Failure to do so can result in accidents due to equipment problems, making the company liable for damages.

Common Equipment Problems

1. Brake Failure: Worn brakes can prevent a truck from stopping, potentially leading to collisions.
2. Tire Issues: Blowouts, worn treads, and improperly inflated tires can cause the driver to lose control.
3. Lighting and Visibility: Non-functioning lights and faulty windshield wipers can impair visibility, increasing accident risk.
4. Trailer Problems: Improperly attached trailers can swing out of control or detach, endangering other road users.

Recoverable Damages in Truck Accident Claims

Victims can seek compensation for various financial losses, including:
- Medical expenses (ambulatory services, hospitalization, follow-up visits, medication, physical therapy, and future medical costs)
- Lost income due to recovery time or long-term disability
- Property damage or vehicle replacement costs
- Non-economic damages (pain and suffering, disability, disfigurement, reduced quality of life, mental anguish, PTSD)

Preservation of Truck Driver Records

Records such as the driver’s record of duty status are crucial for establishing fault in truck accidents. These records include information on the driver's time on and off duty, use of the sleeper berth, and driving time.

Trucking Company’s Right to Destroy Records

Trucking companies have the right to destroy certain records after a specified period, typically six months as per FMCSA regulations. To prevent the destruction of relevant records, an attorney can send a spoliation letter, advising the company to preserve all pertinent documentation.

Key Documents to Preserve

- Record of Duty Status: Time logs of the driver’s activities.
- Driver Qualification Files: Includes motor vehicle records, employment applications, annual reviews, certifications, and medical examiner’s certificates.
- Vehicle Maintenance Records: Important for cases involving equipment failure.

How a Spoliation Letter Can Help

A spoliation letter ensures that the trucking company preserves crucial records, preventing them from being destroyed, erased, altered, or otherwise manipulated. This is vital for building a strong case and maximizing compensation for the victim.

Unsecured Cargo and Falling Cargo Accidents

Unsecured cargo can fall from a truck, creating hazardous conditions on the roadway. Common types of cargo include pipes, logs, and boxes, which can cause accidents if not properly secured.

Filing a Claim for Falling Cargo Accidents

Victims of accidents caused by falling cargo can file a truck accident claim, even if their vehicle was not directly struck by the truck. Truck drivers and companies are responsible for securing cargo to prevent it from falling off and causing harm.

Determining Liability

Liability can fall on various parties, including:
- The truck driver, if they were responsible for loading the cargo.
- The trucking or shipping company, under the principle of respondeat superior, for acts of their employees.
- Third-party loaders, if a separate entity loaded the cargo.
- Manufacturers, if a defect in the trailer caused the cargo to spill.

Compensation for Falling Cargo Accidents

Victims can seek compensation for medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering and mental anguish. 

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.