Quick To-Do List After a Truck Accident
1. Gather photographic evidence of the accident scene and damage to vehicles.
2. Obtain witness statements from those who saw the truck collision.
3. Request a copy of the police report for official documentation.
4. Seek medical records to prove injuries sustained in the accident.
5. Keep track of all expenses related to medical treatment and damages.
6. Preserve any physical evidence, such as broken parts or debris.
7. Ask your attorney about using an accident reconstruction expert if necessary,
8. Ensure phone calls with insurance companies are recorded and documented
9. Provide proof of driver’s history, including driving record and logbook entries
10. Build a strong case by consulting experienced legal counsel at Bisnar Chase
Evidence to Prove a Truck Accident Case
If you are the victim of a truck accident, it is important to gather as much evidence as possible. This evidence can help you prove who is liable and receive the compensation you deserve.
Important evidence includes witness testimony, photos or videos of the scene, the police report, vehicle information, insurance policies, and documents such as a driver’s license or registration.
You should also take note of any environmental conditions, such as dangerous roads or hazardous weather. Furthermore, it is important to get medical attention immediately after the accident and to document the severity of your injury.
An experienced truck accident attorney can be essential in helping you protect your future and maximize your compensation.
Large truck accidents frequently result in fatal or severe injuries, especially for the people inside of passenger cars hit by trucks or on motorcycles.
Defendant Will Minimize Your Damages
Commercial truck accident cases are complex, often involving multiple parties, including the trucker, the trucking company, and their insurance company.
Trucking companies and their insurers have teams of lawyers ready to defend their interests, and they’ll waste no time in building a case to minimize their liability. That’s why it’s essential to have skilled representation on your side from the very beginning.
Strong Evidence and Good Lawyering
A knowledgeable truck accident lawyer will guide you through the process, from gathering critical evidence at the accident site to negotiating with insurance companies.
They’ll work with accident reconstruction experts to determine causation and prove negligence on the part of the trucker or trucking company. This may involve examining the trucker’s driving history, the company’s maintenance records, road conditions, and more.
In addition to physical evidence, your lawyer will help you document everything related to the accident, including medical bills, receipts, and eyewitness testimony.
Truck accident cases also involve a complex web of federal and state regulations that govern the trucking industry.
Your lawyer will deeply understand these regulations and how they apply to your case, using this knowledge to build a strong claim on your behalf.
Important Truck Accident Evidence
When recovering from a truck accident, gathering evidence quickly can make all the difference in your case. Our experienced truck accident lawyers know precisely what to look for—from police reports and skid marks at the scene to the truck driver’s employment history and truck inspection records.
We examine everything from cargo weight to electronic logging systems, leaving no stone unturned to build your strongest possible claim for maximum compensation.
A lot of factors go into representing a plaintiff injured by a commercial truck, and the investigation needs to be thorough and cover all aspects of how and why the accident happened and how the negligence occurred.
When it comes to truck crashes, certain pieces of evidence can help strengthen your claim, including:
Accident reports
Law enforcement officials typically arrive at the scene when a truck accident occurs. The accident report usually contains essential information, including the accident date, time, location, and eyewitness information.
And law enforcement officials’ assessment of what occurred and who was at fault. You must obtain a copy of the accident report. Your truck accident attorney can also help you obtain a report copy.
Evidence from the scene
After a truck collision, it is critical to get evidence from the scene. If possible, take photographs of the accident scene, including property damage, tire marks on the roadway, your vehicle, the truck involved, and your injuries. It might also help to shoot videos of the accident scene and the surrounding area on your cell phone.
Driver logs
Truck drivers must take breaks under federal Hours of Service rules to avoid exhaustion while driving. Electronic Logging Devices record the time when truck drivers are on the road and when they take breaks.
If an accident occurred because of driver fatigue, these driver logs would become essential evidence that the driver was not well-rested at the time of the accident.
Witness testimony
Having a witness after a truck accident can be invaluable to establishing liability and pursuing compensation.
A witness can provide an unbiased account of the accident and any facts or details that may be relevant to the case. Additionally, a witness can provide testimony in court if necessary.
It is important to get the contact information of any witnesses at the scene, as their testimonies can be the difference between winning or losing a case.
An experienced attorney can help you contact witnesses and ensure their testimony is properly documented.
Black box information
Most large trucks are equipped with event data recorders or black boxes that can provide much information about why an accident occurred.
For example, these devices can provide information such as how fast the truck was going and whether the driver attempted to brake just before the collision occurred. This information can help determine the cause of the truck crash.
Additionally, if the accident resulted from poor truck maintenance, your truck accident attorney might also be able to obtain the truck’s maintenance records.
Your personal injury attorney will send a spoliation letter to request that all evidence related to the accident be preserved. This document ensures that the evidence in a truck accident is not lost or destroyed.
Also known as an Electronic Control Module (ECM) or Event Data Recorder (EDR), this device records valuable information about the truck’s operation moments before the crash.
Black box data can provide insights into the truck’s speed, brake application, throttle position, and even the number of hours the trucker has been driving.
This information can be invaluable in determining whether the trucker was following regulations, such as hours-of-service rules, or if they were driving recklessly or negligently.
Trucking companies are only required to keep this data for a limited time, and they may try to erase or overwrite it to avoid liability.
Once the data is secured, your lawyer will work with experts who can analyze the information and use it to build a strong case against the trucking company.
In some cases, the black box data may even help to prove that the trucking company encouraged or pressured its drivers to break regulations, such as by exceeding hours-of-service limits or falsifying logs.
This can be powerful evidence of negligence and help to hold the company accountable for its role in the accident.
Survalence footage
1. Traffic Camera Footage
- Intersection cameras
- Highway monitoring systems
- CalTrans traffic management cameras
- Toll plaza cameras
- Speed monitoring cameras
2. Private Security Cameras
- Business surveillance systems
- Parking lot cameras
- ATM cameras
- Gas station security footage
- Dashboard cameras from other vehicles
3. Truck-Specific Footage
- Truck’s dashboard camera
- Interior cabin cameras
- Side-mounted cameras
- Backup cameras
- Truck stop surveillance systems
Legal Significance and Benefits
Establishing Liability
- Provides objective evidence of:
- How the accident occurred
- Vehicle positions and movements
- Traffic signal status
- Weather conditions
- Road conditions
- Driver actions before and during the accident
Legal Requirements and Considerations
Preservation of Evidence
- Must act quickly to preserve footage before deletion
- Send spoliation letters to preserve evidence
- Court orders may be necessary to obtain footage
- Different retention periods for different systems
- Strengthens negotiation position
- Helps to determine the settlement value
- Assists in early case evaluation
- Persuasion tool for a jury
Tips for Maximizing Value
- Act quickly to preserve all potential footage
- Cast a wide net when searching for cameras
- Work with experienced experts for analysis
- Maintain proper chain of custody
- Consider multiple angles and perspectives
- Use footage strategically in negotiations
- Prepare for authentication challenges
- Coordinate with law enforcement when possible
Filing a Truck Crash Lawsuit With Great Evidence
Surveillance footage can be a game-changer in truck accident cases, providing clear evidence of negligence on the part of the trucker or trucking company.
This footage, which may come from traffic cameras, dashboard cameras, or even nearby business security cameras, can offer an account of the events leading up to and during the accident. An expert in accident reconstruction can analyze this footage and other evidence such as eyewitness statements, to build a strong liability case.
When presented with compelling evidence of negligence, trucking companies and their insurers are more likely to offer a fair settlement, leading to higher compensation, rather than risk a trial in which the footage could be played for a jury and destroy their case.
It is crucial to act quickly to preserve this valuable evidence, as surveillance footage is often erased or overwritten after a certain period.
