Woodward Truck Accident Injury Attorneys

Trucking accidents on the extensive highway networks frequently cause significant disruptions, often leading to serious injuries. In such difficult circumstances, trucking injury attorneys serve as reliable supporters, offering survivors guidance and aid. These attorneys are experts in the intricate landscape of trucking laws and regulations.

When a Delivery Driver Causes a Commercial Truck Accident

According to an Iowa Truck Information Guide published by the Iowa Department of Transportation, a delivery truck is considered a commercial vehicle. Accidents involving these vehicles often result in severe injuries. If you've been involved in an accident with a commercial vehicle in Iowa, here's what you need to know about recovery and liability.

Who’s Liable for a Car Accident Caused by a Commercial Driver?

In most cases, either the driver or the company owning the truck will be held liable when an accident involving a commercial vehicle occurs. If the driver is an employee of the trucking company, the company will typically be held liable under the doctrine of respondent superior. This legal principle states that an employer is responsible for the actions of its employees performed within the scope of their employment.

However, if the driver is an independent contractor, the driver may be held liable instead of the company. In some situations, neither the driver nor the trucking company is liable. For instance, if a malfunctioning product or a defective truck part caused the crash, the manufacturer of the truck or part, the shipper, or the party responsible for loading the truck’s cargo may be held liable.

How to Prove Liability

To recover damages from an accident caused by a commercial driver, you must prove the negligence of the at-fault party. Examples of negligence include:

- Failing to inspect or maintain the vehicle
- Improper loading of cargo
- Impaired driving
- Speeding
- Aggressive driving
- Failure to adhere to traffic laws

Negligence is defined as any action or failure to act reasonably, compared to what another person in the same situation would do.

Preserving Evidence After an Accident

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

Preserving the Record of Duty Status

One critical piece 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 time spent driving. Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain these records for at least six months. A spoliation letter can inform the trucking company to preserve these records relevant to the truck accident claim.

Other Important Documents

Depending on the cause of the crash, other records might also be valuable. These include the driver qualification files, motor vehicle records, employment applications, annual driving record reviews, certifications of violations, and medical examiner’s certificates. If there is any question about whether the truck driver was qualified to operate a big rig, these records can be crucial.

How a Spoliation Letter Can Protect Truck Driver Records

Preserving evidence is critical after a crash. Therefore, it’s essential to talk with an attorney as soon as possible. The attorney can send a spoliation letter to the company outlining the records that should be preserved. This letter should provide detailed information about the documentation to be kept and stipulate that evidence isn’t to be destroyed, erased, altered, or otherwise manipulated. Failure to adhere to the request can result in additional damages being sought.

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 types of crashes due to the availability of the truck company’s records.

Systems That Prove Fault in Iowa Car Accidents

Iowa follows the rules of the road, detailed in Iowa Code Chapter 321. These rules cover various scenarios, such as yielding at intersections and responsibilities when striking a disabled car.

Comparative Fault in Iowa

Iowa is a comparative fault state, meaning the fault of the drivers involved in an accident is compared. For instance, if one driver is speeding and the other fails to yield, a percentage of fault is assigned to each driver. 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.

Common Ways to Prove Fault

1. Failure to Stop within Assured Distance, Maintain Control, or Follow Closely
   - Violations often involve rear-end collisions, where a driver did not pay attention to traffic or did not see the car ahead.
   - Specific violations include:
     - Assured Clear Distance Ahead: Drivers must stop within a visible distance.
     - Failure to Maintain Control: Drivers must control their vehicle and reduce speed when approaching intersections.
     - Following Too Closely: Drivers must maintain a reasonable distance, considering speed and traffic conditions.

2. Failing to Yield
   - This includes various scenarios, such as uncontrolled intersections, vehicles pulling in front of oncoming traffic, and passing collisions.
   - Specific requirements under Iowa law:
     - Meeting and Turning to the Right: Vehicles must yield half the road when meeting another vehicle.
     - Approaching or Entering an Intersection: Vehicles on the left must yield to those on the right.
     - Backing onto a Highway: Drivers must yield to approaching vehicles when reversing.
     - Slow-Moving Vehicles: Such vehicles must stay in the right-hand lane or close to the right-hand curb.
     - Driving on the Right Half of the Road: Vehicles must drive on the right, with exceptions for passing or obstructions.

3. Failing to Obey a Traffic Control Device
   - Common in cases where drivers fail to stop at stop signs or red lights.
   - Specific rules:
     - Vehicles facing a green light can proceed but must yield to other traffic and pedestrians.
     - Vehicles facing a yellow light must stop if they can do so safely.
     - Vehicles facing a red light must stop and remain stopped until the light changes, but can turn right on red unless prohibited.
     - Vehicles facing a green arrow can proceed in the direction indicated but must yield to other traffic and pedestrians.
     - Making Left Turns: Drivers must yield to oncoming traffic when making left turns.

Time Limit for Filing a Claim

Iowa Code 614.1 provides two years to file a claim for damages. It’s crucial to contact an attorney as soon as possible. 

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.