What Evidence is Essential in a Truck Accident Lawsuit?
Truck accidents typically lead to major accident scenes, often causing significant injuries and property damage for those involved. Unfortunately, recovering compensation for victims is challenging, even if liability for the incident is established. Victims of large commercial truck accidents must gather as much evidence as possible to establish negligence. However, what types of evidence are typically needed in these situations?
As we review the evidence that will typically help determine liability for these claims, we encourage you to reach out to a skilled truck accident attorney in Houston. Gathering this evidence and preserving it in a way that will help bolster your claim is challenging, but an attorney with experience standing up to larger commercial truck owners and operators can help.
Types of Evidence in Truck Accident Lawsuits
Some of the evidence used in the aftermath of a truck accident claim is the same types of evidence needed for any type of vehicle accident, which can include:
Accident Scene Evidence
Immediately after a truck accident, it is vital to collect evidence from the scene. This includes photographs and videos of the vehicles involved, skid marks on the road, and any debris from the accident. Additionally, capturing images of road conditions, traffic signs, and signals can provide context to how the accident occurred. Witness statements from those who saw the crash can offer some insights into the events leading up to the accident. These firsthand accounts can corroborate other evidence and help establish a clear picture of the truck collision.
Police Reports
Law enforcement officers typically respond to truck accidents, especially those involving significant damage or injuries. The police report is an important piece of official evidence as it contains the officer’s observations, details about the accident, and any citations issued. This report can provide an unbiased account of the incident and can be instrumental in proving liability.
Medical Records
Injuries sustained in a truck accident can be severe and life-altering. Medical records documenting the injuries, treatments received, and the long-term prognosis are essential. These records not only show the extent of the injuries but also help in calculating the compensation for medical expenses, pain and suffering, and lost wages. Keeping detailed medical records and bills can strengthen your claim for compensation.
Evidence Specific to Truck Accidents
Some of the evidence needed to prove liability after a truck accident in Houston or the surrounding areas can include items, data, and information not typically thought of after a vehicle accident occurs:
Electronic Logging Device (ELD)
Federal regulations require commercial trucks to be equipped with an Electronic Logging Device (ELD). This device records the number of hours a truck driver has been on the road. The data from the ELD can reveal whether the driver was compliant with hours-of-service regulations or if they were driving beyond the legal limits, which could indicate driver fatigue. This evidence is crucial in proving negligence if the driver was overworked.
Event Data Recorder (EDR)
Many commercial trucks have an Event Data Recorder (EDR), also known as a “black box.” This device records technical vehicle data, such as speed, brake usage, and engine performance at the time of the accident. The information from the EDR can provide a detailed account of the truck’s operations and help determine if there were any mechanical failures or if the driver was speeding or braking suddenly before the collision.
Trucking Company Records
The trucking company’s records can offer a wealth of information relevant to the accident. These records include the truck’s inspection and maintenance logs, which can show whether the vehicle was properly maintained and if any mechanical issues were reported and addressed. Additionally, driver employment records can reveal the driver’s training, driving history, and any previous incidents or violations. This information can be critical in establishing the trucking company’s liability for the accident.
Cargo Records
How the truck was loaded and what type of cargo it was carrying can also be relevant in a truck accident lawsuit. Cargo records can indicate if the load was within legal weight limits and if it was properly secured. Overloaded or improperly secured cargo can cause a truck to become unstable. These records can help determine if the cargo contributed to the crash.
Why an Attorney is Valuable for These Claims
Navigating the aftermath of a truck accident and gathering the necessary evidence can be overwhelming for victims. A truck accident attorney can be invaluable in these situations. Attorneys have the resources and expertise to thoroughly investigate the accident, gather crucial evidence, and preserve it in a way that strengthens your case. They can obtain and analyze data from the ELD and EDR, secure trucking company records, and ensure that all relevant evidence is collected. Contact an attorney for assistance with your case today.