Norwalk Truck Accident Injury Attorneys

In the broad expanse of highway networks, trucking accidents can lead to significant upheaval, often resulting in severe injuries for those affected. In such trying circumstances, trucking injury lawyers serve as reliable supporters, offering guidance and assistance to survivors. These attorneys are experts in the intricate landscape of trucking laws and regulations.

How Does a City Truck Accident Claim Differ from a Regular Truck Accident?

A city truck accident claim differs significantly from a regular truck accident claim primarily because it involves the government. This unique aspect requires victims to file their claims with City Hall instead of through an insurance company. The process can be more complex and problematic, making it essential for Iowa residents to seek assistance from a personal injury lawyer in Des Moines to ensure their rights are protected.

Filing a City Truck Accident Claim

City trucks include various types of vehicles such as:

- Fire engines
- Buses
- Utility vehicles
- Garbage trucks

When injured in an accident with a government vehicle in Des Moines, victims need to complete an Automobile Claim Form and submit it to the Legal Department at City Hall. This form requires general information about:

- Your car
- Any injuries sustained
- Witnesses to the accident
- A description of the accident

Relevant documents or other evidence, such as photos of injuries and vehicle damages, must be attached to the form. Additionally, the form requires two different estimates for property damage. If the city denies the claim, the victim may pursue a lawsuit to recover damages. A personal injury attorney can assist with filing the claim form to avoid the risk of omitting essential information, which could devalue or void the claim.

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

The trucking industry is regulated by the FMCSA, which enforces regulations on commercial truck maintenance. Every truck company is responsible for maintaining its big rigs according to these regulations.

Examples of FMCSA Truck Maintenance Regulations:

- Recordkeeping of inspections, repairs, and maintenance
- Correcting violations or defects noted on roadside inspection reports
- Post-trip inspection reports after each driving time
- Periodic inspections at least once every 12 months

FMCSA Regulations for Inspectors:

Certain inspections, such as those for brakes, require inspectors to meet specific qualifications. Truck companies must keep evidence of an inspector’s qualifications on file throughout their employment and for an additional year after they leave. 

While inspectors may be liable for injuries resulting from poor maintenance, the truck company is ultimately responsible. If poor maintenance causes an accident, the motor carrier company is likely to be named in a claim.

Important Equipment for Truck Safety:

It is critical to keep the following equipment properly maintained:

- 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 for six months after the vehicle is sold or scrapped. If poor maintenance causes 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?

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

Preserving the Record of Duty Status:

One of the most crucial pieces of evidence in establishing fault 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 compel the trucking company to preserve these records.

Other Important Documents:

Depending on the accident's cause or suspicions of negligence, other valuable records might include driver qualification files. These files contain:

- Motor vehicle record
- Employment application
- Annual review of the driving record
- Certification of violations
- Medical examiner’s certificate

These records can determine if the driver was qualified to operate a big rig. 

How a Spoliation Letter Can Protect Records:

A spoliation letter should detail the types of documentation to be preserved and stipulate that evidence is not to be destroyed, altered, or manipulated. This notice warns the company that additional damages may be sought if they fail to comply.

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.