- Nevada Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
In the expansive world of highways, trucking accidents can cause major upheaval, frequently resulting in life-changing injuries for those involved. During these chaotic moments, trucking injury lawyers serve as firm advocates, providing support and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.
Trucking companies are permitted to destroy certain truck driver records after a specific period, as mandated by regulations. However, after a truck accident, it’s crucial to ensure that these records are preserved, as they can be vital in establishing fault and building a strong legal case. One effective method to prevent the destruction of important documentation is by having an attorney send a spoliation letter to the trucking company, advising them to preserve, maintain, and protect all pertinent documentation.
Preserving the Record of Duty Status
The driver's record of duty status is one of the most critical pieces of evidence in a truck accident case. This record includes details about the driver’s time on and off duty, use of the sleeper berth, and the time spent driving. According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must retain these records and supporting documents for at least six months. A spoliation letter can notify the trucking company of their obligation to preserve these records, as they are essential to the truck accident claim.
Other Important Documents in a Truck Accident Case
Several other records may be valuable depending on the crash's cause and any suspicions of negligence. For instance, driver qualification files, which are part of the driver’s personnel file, contain crucial information like motor vehicle records, applications for employment, annual reviews of driving records, certifications of violations, and medical examiner’s certificates. These files can help determine whether the truck driver was qualified to operate the vehicle involved in the accident.
Trucking companies also maintain numerous other records regarding their drivers and vehicles. To ensure their protection, an attorney may decide to send a spoliation letter. This letter should provide detailed information about the types of documentation and records to be preserved, stipulating that evidence must not be destroyed, erased, altered, or otherwise manipulated. It should also put the company on notice that additional damages could be sought if they fail to adhere to the request.
How a Spoliation Letter Can Protect Truck Driver Records after an Accident
Preserving evidence is crucial after a truck accident, so it’s essential to consult an attorney promptly. This allows time to discuss the case and for the attorney to send a spoliation letter to the company, outlining the records that should be preserved. The sooner an attorney can access these records, the quicker a case can be built. Truck accidents offer greater potential to obtain evidence compared to other types of crashes due to the availability of the trucking company’s records. Taking full advantage of this is critical.
If you need help with a claim, contact an attorney today. The law firm of Walker, Billingsley & Bair can assist clients in collecting all relevant documentation and ensuring all records are preserved.
Can I File a Truck Accident Claim if My Vehicle was Struck by Falling Cargo and Not the Truck Itself?
Yes, drivers struck by falling cargo from a large truck can file a truck accident claim. This situation is referred to as an unsecured load, and unfortunately, it is a familiar scenario for many truck accident lawyers. Cargo such as pipes, logs, and boxes may be exposed and, if not securely fastened, can enter the roadway, creating a hazardous situation.
Filing a Truck Accident Claim
Even if a truck does not physically collide with another vehicle, victims of accidents caused by falling cargo can still file a truck accident claim. Truck drivers and companies have a responsibility to keep cargo secure to prevent injuries. In addition, truck drivers must drive safely to ensure cargo does not fall off the trailer and into the path of other vehicles.
Determining Accident Liability
Determining liability is crucial in a truck accident claim. If the truck driver loaded the cargo, they might be held responsible for the accident. If another employee of the trucking or shipping company loaded the cargo, they might bear some responsibility.
If the driver is hauling cargo for a trucking or shipping company, the company may be liable under the law of respondeat superior, which means the company bears liability for any injuries or harmful acts caused by employees during their employment. To hold the company liable, the victim must prove that the truck driver or another employee of the trucking company was negligent. If a third party loaded the cargo, that party might also be found liable.
In cases where a defect in the trailer caused the cargo to come loose, the trailer’s manufacturer could hold accident liability. Multiple parties could be at fault for cargo-related accidents and injuries.
Truck Company Negligence for Poor Commercial Truck Maintenance
Truck accidents are often severe, leading to serious, disabling, or life-threatening injuries for drivers and passengers of smaller vehicles. While driver errors are a common cause, sometimes poor commercial truck maintenance due to trucking company negligence is to blame. When equipment problems arise from inadequate maintenance, the truck company can be considered negligent and liable for damages.
Poor Maintenance and Trucking Company Negligence
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces rules on various aspects, including the upkeep of commercial vehicles. Truck companies are responsible for maintaining their vehicles. Although manufacturing defects can sometimes be at fault, often it is a failure in maintenance that causes accidents. When poor maintenance is a contributing factor or the outright cause of an accident, the trucking company can be held liable.
Types of Truck Equipment Problems
Certain equipment problems are more likely to cause a crash or worsen the impact of one. For example, brake failure can lead to the driver being unable to stop, potentially causing a collision. This can occur when brake pads or shoes are worn and not replaced. Trucks can also jackknife if front brakes are depowered or removed, causing the trailer to fold and possibly strike other vehicles.
Tire issues, such as blowouts, underinflation, or overinflation, can also be dangerous, potentially leading to the driver losing control of the vehicle. Other equipment problems include malfunctioning lights and windshield wipers, which can impair visibility, and improperly attached trailers, which can swing out of control or detach.
Damages Recoverable in a Truck Accident Claim
When a truck company’s negligence causes an accident, victims can seek compensation for various financial losses, including:
- Ambulance services
- Hospitalization
- Follow-up doctor visits
- Medication
- Physical therapy
- Future medical expenses
Victims can also be compensated for lost income due to the recovery period. If the injuries are disabling, preventing the victim from returning to work or requiring them to take a lower-paying job, these financial losses may be included in the claim.
Property damage, such as damage to the victim’s vehicle or its replacement value if totaled, can also be addressed. Physical losses, such as pain and suffering, disability, disfigurement, and reduced quality of life, can be compensated as well. Emotional damages, including mental anguish and post-traumatic stress disorder, may also be considered.
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.