Evidence You Need to Win a Truck Accident Claim

Commercial truck accidents can cause long-term, devastating injuries, including spinal cord injuries, traumatic brain injuries (TBI), and spinal cord injuries. If you have been seriously injured in a truck accident and were not at fault, you may be entitled to compensation through a personal injury lawsuit. To convince the trucking company's insurance company to pay the maximum amount of recovery you deserve, you will need evidence to prove that the truck driver was at fault.

Insurance companies for trucking companies have teams of attorneys ready to jump in and defend truck drivers to avoid paying compensation to victims. Hiring an attorney as soon as possible can help you level the playing field. Your attorney can begin investigating your case and gathering important evidence.

In any type of auto accident, there are certain types of evidence you will need to obtain. Whether you are pursuing an insurance claim or a personal injury lawsuit against one or more defendants, you will need to prove that the at-fault party’s negligence caused the truck accident that resulted in your injuries. You must also prove that your injuries are as serious as you claim. Some of the most important types of evidence needed in every type of auto accident included the following:

• Photos and video footage
• Police reports
• Expert witness reports
• Eyewitness statements and testimony
• Medical records and bills
• Repair or replacement receipts for property damaged in the accident
• Paystubs and other evidence showing the victim has suffered a loss of wages

Crashes involving large commercial tracks like 18-wheelers and tractor-trailers are unique and can be more complicated, especially when determining fault. Truck drivers and trucking companies in the United States are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers must follow regulations designed to promote safety and avoid truck accidents. For example, drivers must take a specific number of breaks, so they do not drive while fatigued. When they violate these rules and cause truck accidents, it can be easier for plaintiffs to recover the compensation they need. Evidence of violations of safety regulations is important in these types of cases.

The black box on an 18-wheeler can provide important information about the truck's speed, when and whether the driver applied the brakes, and how long the driver was on the road without taking a required break. Preserving the data from the Black Box is crucial.

Truck drivers must keep a logbook showing when they drive and take federally required breaks. Reviewing the driver's log book can shed light on whether the driver violated safety regulations and was too drowsy to drive the truck safely. Forensic experts can also help prove that truck drivers have altered log books after the fact in some cases.

Most commercial vehicles have front-facing and rear-facing cameras. The outward-facing camera will record what happened in front of the truck before and during the collision. If the truck driver was driving too closely to the vehicle in front, swerving in and out of lanes, or did not break appropriately, video footage could help the victim prove negligence. Similarly, and the inward-facing camera can show what the driver was doing in the cab. If the driver was eating, texting, watching videos, or engaging in other unsafe behaviors, video footage could prove negligence.

Turn drivers have falsified log book information in some cases. You may need to obtain receives from food, gas, and other purchases to show when the driver took breaks. You may need to obtain cell phone records showing whether the driver was engaged in unsafe texting or talking on the phone while driving.

Trucking companies must ensure their vehicles are regularly inspected and maintained to stay safe on the road. Reviewing maintenance records to determine whether the trucking company complied with the requirement can provide evidence that it failed to keep its vehicle well-maintained, causing the crash.

The truck driver's personnel file can also show whether the driver had any medical issues or previous DUI convictions that could have impacted their ability to drive safely. It may also include drug testing or show that the trucking company failed to drug test the driver.

Time is of the essence if you have been seriously injured in a trucking accident. You need an aggressive and experienced attorney who will gather evidence proving your case. Contact the Charlotte personal injury attorneys at Arnold & Smith, PLLC, today to schedule a free case evaluation.