Given the catastrophic nature of many trucking accidents, accident victims must act quickly to determine whether a truck driver is to blame for causing the accident. Part of the process of assessing fault involves an investigation that must begin immediately following an accident. Trucking companies and insurance companies will seek to limit the value of an injured victim’s potential claim seeking compensation. As such, injury victims must be prepared to fight by showing evidence that the victim’s injuries are the direct cause of a trucking accident.
Gathering Evidence to Support a Trucking Accident Case
Evidence is the only way to establish fault in a trucking accident. Examples of the types of evidence that can support an accident victim’s case include, but are not limited to, the following:
- File a motion for a temporary restraining order for the truck’s black box information and data plus any other vital evidence;
- Data obtained from a truck’s black box recorder;
- Photographs taken of the accident scene shortly after the accident before vehicles or debris are moved (evidence at the scene can often shed light on potential causes of the accident);
- The police report concerning the accident;
- The police open records report;
To supplement the police report, you should also obtain the police department’s open records regarding the crash.
- The police crash report;
- The truck driver’s employer and/or the trucking company’s hiring practices and safety protocols;
- A truck driver’s driving log to show the hours the truck driver has driven;
- A truck driver’s phone records;
- Medical records documenting physical injuries; and
- Witness contact information along with their statements or testimony.
Depending on the specific facts and circumstances of a trucking accident, additional evidence may be necessary to prove an injured victim’s case in court. As such, a “discovery” process (which typically happens after a lawsuit is filed) will allow parties to exchange information, which will be in the form of physical evidence, electronic evidence (such as communications), and witness testimony. Without evidence, it is extremely difficult, if not impossible, to prove a person’s injuries were caused by a truck driver’s and/or trucking company’s negligent conduct.
Our truck accident lawsuit attorneys represent those injured or families who lost family members in truck accidents caused by negligence. We invite you to speak with us about your case and an initial consultation, so contact us at 1-800-YOUR-LAWYER (1-800-968-7529), or fill out our case inquiry form, or visit us in person.
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