Nashua Truck Accident Injury Attorneys

In the broad expanse of highway systems, trucking accidents can lead to substantial interruptions, often resulting in severe injuries. In these tough situations, trucking injury lawyers act as trustworthy allies, providing support and advice to those impacted. They specialize in the detailed aspects of trucking laws and regulations.

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

It is the trucking company’s right to destroy certain truck driver records after a specified period of time. One of the ways to help prevent this from happening after a truck accident is by having an attorney 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 that could be useful in establishing fault is the driver’s record of duty status. The information recorded by the driver includes his/her time on and off duty, use of the sleeper berth, and the amount of time actually spent driving.

Regulations by the Federal Motor Carrier Safety Administration (FMCSA) require that the trucking company maintain the records of duty status and any supporting documents for at least six months. The spoliation letter can inform the trucking company that it is required to preserve these records, as they are relevant to the truck accident claim.

Other Documents Important to a Truck Accident Case

Depending on the cause of the crash or any suspicions raised concerning other types of negligence that may have been contributing factors in the accident, there could be other records that would be valuable. Another example is the driver qualification files, which are kept with the driver’s personnel file.

Information from the qualification file includes motor vehicle records, application for employment, annual review of driving record, certification of violations, medical examiner’s certificate, and more. One of the issues that might be called into question is whether or not the truck driver was qualified to operate a big rig in the first place.

Numerous other types of records are maintained by the trucking company, not only in regard to their drivers but the vehicles as well. To ensure their protection, an attorney may decide to send a spoliation letter.

How a Spoliation Letter Can Protect Truck Driver Records after an Accident

Since the preservation of evidence is critical after a crash, it’s important to talk with an attorney as soon as possible. This will allow time to discuss the case and the attorney to send a spoliation letter to the company outlining records that should be preserved.

It's best to provide detailed information on the types of documentation, records, and paperwork that are to be kept. The letter should stipulate that evidence isn’t to be destroyed, erased, altered, or otherwise manipulated and should put the company on notice that additional damages could be sought if they fail to adhere to the request.

The sooner an attorney gets the records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other kinds of crashes because of the availability of the truck company’s records. It’s critical to take full advantage of this.

Truck Company Negligence for Poor Commercial Truck Maintenance

Truck accidents tend to be especially severe. Drivers and occupants of smaller passenger cars can sustain serious, disabling, or life-threatening injuries. Although driver errors are oftentimes the cause of these accidents, sometimes it stems from truck company negligence. This could be the case if equipment problems are to blame, which may be the result of poor commercial truck maintenance.

Poor Maintenance and Trucking Company Negligence

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules pertaining to a variety of areas, one being the upkeep of commercial vehicles. Every truck company is responsible for the maintenance of its big rigs.

Although manufacturing defects are sometimes to blame, many times it is a failure in commercial truck maintenance. When this is found to be a contributing factor in an accident or the outright cause of it, a truck company can be considered negligent and liable for damages.

Types of Truck Equipment Problems

Certain types of equipment are more likely to cause a crash or to make the impact of one much worse. One example is brake failure. If a driver cannot stop, there is the potential of running into another vehicle. This can happen when brakes (pads or shoes) are worn and haven’t been replaced.

Trucks can also jackknife when front brakes are depowered or removed. This causes the trailer of the big rig to fold, which can crush or strike other vehicles nearby.

Tires are another common equipment problem. They can blowout, for example, which can not only be dangerous with flying debris but again, the driver could lose control of the vehicle. Worn tire treads, under or overinflated tires are just some of the issues that could cause an accident.

If the lights aren’t functioning adequately, it can make visibility difficult. The same is true with windshield wipers. As a result, if the driver cannot see well, it could cause or contribute to a crash.

Another potential problem could be with the trailer. If it isn’t properly attached to the cab, it may end up swinging out of control or completely detaching. This puts others on the road at serious risk.

Damages That May Be Recoverable in a Claim Stemming from a Truck Accident

When the truck company’s negligence is the reason for an accident, compensation could be sought for the financial losses suffered:

- Ambulatory services;
- Hospitalization;
- Follow-up doctor visits;
- Medication;
- Physical therapy; and
- Future medical expenses.

Lost income, as a result of the healing and recovery period, may also be compensated. If the injuries are disabling and it prevents the person from returning to work or if the individual must perform job tasks that pay less because of impairment, these financial losses may also be considered in a truck accident claim.

Property damage to the victim’s vehicle would also be addressed. Or if the vehicle is totaled, the replacement value may be factored into the claim value.

Physical losses could include damages for:

- Pain and suffering;
- Disability;
- Disfigurement; and
- Reduced quality of life.

Emotionally, there may be compensation that addresses mental anguish, post-traumatic stress disorder, and other psychological harm that results from the accident.

Can I file a truck accident claim if my vehicle was struck by falling cargo and not the truck itself?

Drivers struck by falling cargo from a large truck can file a truck accident claim; this is called an unsecured load and unfortunately, most truck accident lawyers are very familiar with this situation. Many times, the cargo is secured inside a tractor trailer, but sometimes the cargo is not enclosed in a trailer.

The cargo, such as pipes, logs, and boxes, may be exposed. If the cargo is not secure, then the cargo can enter the roadway creating a very dangerous hazard. An Iowa law firm in Nashua can help victims of accidents caused by this loose cargo establish accident liability and recover compensation for damages.

Filing a Truck Accident Claim

Even if the truck does not physically crash into another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. This is because truck drivers and companies have a responsibility to keep cargo secure so that others are not injured. In addition, truck drivers have a duty to drive safely. This means in a manner so that cargo does not fall off the trailer and into the path of other vehicles.

A driver must suffer damages or injuries caused by the falling cargo in order to file a claim. Simply witnessing the act of cargo falling off a trailer does not warrant a claim. A lawyer with an Iowa law firm in Nashua can answer any questions about whether a client has a valid claim.

Determining Accident Liability

Determining liability is the most important part of a claim. If the truck driver was the one who loaded the cargo, then he or she may be held responsible for causing the accident. If another employee of the trucking or shipping company loaded the cargo, then he or she may bear some responsibility.

If the driver is hauling cargo for a trucking or shipping company, then the truck company may be liable under a law called respondeat superior. This means that the company bears liability for any injuries or harmful acts caused by employees during the course of their employment. In order to hold the company liable, the victim must be able to prove that the truck driver or another employee of the trucking company was negligent. If a third party loaded the cargo, that party may be found to hold accident liability.

Another thing to consider is product defects. If the truck driver or others securely loaded the cargo but a defect with the trailer led to the cargo coming loose and spilling onto the roadway, the manufacturer of the trailer could hold accident liability.

In addition, multiple parties could be at fault for cargo-related accidents and injuries in a truck accident claim. Sometimes the trucking company and other companies could be held liable for damages. An Iowa law firm in Nashua can review the facts in a case and help establish accident liability.

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.