Truck collisions are catastrophic. If the accident victim survives the crash, they will be fortunate to escape with minor injuries. Tragically, many large truck crashes involve devastating injuries or the death of someone in the other vehicle.
Despite the devastation truck wrecks cause, the trucking industry’s insurance lawyers will not automatically settle a case simply because the victim died or was severely hurt. Instead, the trucking company’s insurance defense lawyers will hold the line of defense until the plaintiff uncovers evidence of wrongdoing by the truck driver or the trucking company. At that point, the insurance company’s lawyers will negotiate a settlement because they realize that going to trial is exceedingly risky.
Evidence of the truck driver’s negligence might not be obvious. The law in most states preserves the notion that the occurrence of an accident is not evidence of negligence. The plaintiff must develop a persuasive theory grounded in reliable evidence that the truck driver should be held liable for the plaintiff’s losses. Conducting a thorough post-accident investigation could reveal evidence of negligence on behalf of the truck driver or trucking company.
Trucking companies hold a tremendous amount of evidence that could assist a plaintiff in proving their case. Regulations passed and published by the Federal Motor Carrier Safety Administration obligate trucking companies to retain individual records for inspection.
The regulations do not require the trucking company to hold onto the records forever. The trucking company has the authority to discard documents about the safety equipment, inspection reports, and drivers’ logs for only a year in some instances. The retention time might be shorter for other records.
Evidence found on the road or at the scene will not last forever, either. Witnesses could go missing, gouge marks and yawl marks might get painted over or fade, and the accident scene cannot be recreated after the vehicles have been removed. Therefore, the plaintiffs must act quickly to preserve all evidence for inspection before it is gone.
If you or a loved one have been injured or if you tragically lost a loved due to a negligent driver, contact Parker Waichman immediately calling 1-800-YOUR-LAWYER (1-800-968-7529) for your free case review.
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