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Why is Time Running Out on Your Iowa Truck Accident Case?

Posted By Ben Long - 07.11.17

Semi-truck accidents in Iowa can be devastating. In a truck accident case, you or your loved ones can suffer severe injuries or even death. If you have been a victim of a truck wreck in Iowa, you have a limited amount of time to get compensation for your injuries.

Personal Injury Statute of Limitations For a Truck Accident Case

There are a few reasons why time may be running out to file your Iowa semi-truck accident lawsuit. First, there is a statute of limitations on any Iowa personal injury case. This statute means you only have two years from the date of the crash to settle your case or file a lawsuit. If you do not file a lawsuit or settle your case, you will likely be prevented from getting compensation for your injuries.

However, two years to file a lawsuit in a truck accident case does not mean you should wait until the last minute. Semi-truck crashes are different than “regular” auto crashes. Truck drivers are held to a higher standard as professional drivers and must follow state and federal regulations. If there was failure to follow any of these regulations, the trucker and their company may be liable. Determining whether violations occurred can take time.

Trucking Industry Experts Can Help Determine If You Have a Valid Claim

Trucker liability needs to be investigated by a truck accident lawyer, and it can take some time to do this. Even experienced truck accident attorneys will need to do research to see if you have a viable case. One of the ways they do this is to contact trucking industry experts. These experts can offer their opinions on whether the truck driver violated any of these regulations.

Truck Wreck Evidence Can Be Destroyed in Six Months

Another reason that time may be running out for you to pursue a personal injury lawsuit is that semi-truck companies are allowed to get rid of potential evidence after just six months. This evidence can include driver logs, inspection reports, drug and alcohol test results, maintenance reports, and much more.

If this evidence is destroyed, it can be much more difficult for an attorney specializing in truck accident claims to prove the semi-truck driver was at fault for the crash. That is why it is crucial for a truck accident attorney to send a retention of evidence letter – also known as a spoliation letter – as soon as possible. This letter will be sent to the truck driver, the trucking company, trucking insurance company, and anyone else that may be legally responsible for your injuries.

This letter will let these parties know that they should not destroy any evidence related to the crash. Your attorney can then gather the evidence they need from the trucking company to argue your case.

Semi-Truck Accident Experts Need to Examine the Scene and Vehicles As Soon As Possible

Finally, it’s important to have experts on your side evaluate the truck crash site and vehicles as soon as possible. After a truck accident, you may think law enforcement will do a proper investigation of the scene. If someone has been seriously hurt or killed after a truck accident, it is not enough to rely on law enforcement’s investigation.

The trucking company will likely send experts out to the crash scene within 24 hours to collect evidence. To keep from being out-gunned, you should hire a truck accident lawyer to do the same thing for you. The sooner your experts are able to view the crash site, the better.

It is important to contact a lawyer as soon as possible after a truck wreck in Iowa. To schedule a free consultation with one of our trucking accident attorneys, call 1-800-433-0283 today.

 

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