Getting injured in a truck accident can ruin your life in an instant. One moment, you’re driving, and the next, you’re dealing with injuries, medical bills, and life-long trauma.
When a massive commercial truck weighing up to 80,000 pounds hits a regular car, the damage is fatal.
If you’ve been in a truck accident that wasn’t your fault, you deserve fair payment for your injuries and losses.
But trucking companies and their insurance providers won’t just hand over the money because you asked for it. You need evidence to prove “negligence,” which we’ll be discussing in this post.
Police Reports
One of the first and most essential pieces of evidence you’ll need is a police report.
After an accident, cops arrive at the scene and write down what they see and witness statements. This becomes a police report.
Their report is critical because it has facts about the accident, like:
- When and where it happened
- Who was involved
- What damage was done
- If anyone broke traffic laws
- Who the police think caused the accident
So, make sure you get a copy of this report. You can usually get it from the police department a few days after the accident. Your lawyer will use this report as a starting point to build your case.
Picture and Video Evidence
Photos and clips of the accident scene can be compelling evidence. They show exactly what the scene looked like after the crash.
If you can, take photos of:
- All vehicles involved in the crash
- The damage to each vehicle
- The position of the vehicles
- Skid marks on the road
- Traffic signs or signals
- Weather conditions
- Your injuries
If you’re too hurt to take photos, ask someone else to do it for you. Videos can be even better than photos because they show movement and can capture sounds, too. If anyone recorded a video of the accident or its aftermath, make sure to get a copy.
Black Box Data
Most big trucks have an “Electronic Control Module” or ECM, popularly known as a “black box.” It’s very similar to the ones in airplanes that record flight data.
These black boxes can tell you:
- How fast the truck was going
- When the driver used the brakes
- How long the truck was running
- If the driver was wearing a seatbelt
- Changes in speed right before the crash
This data can show if the truck driver was speeding or didn’t try to stop in time. Your lawyer can ask for this black box data. Sometimes, they may even need a court order to ensure the company doesn’t delete or change the information.
Maintenance Records
Trucking companies must keep their trucks in safe working conditions, perform regular checks, fix problems, and keep records of all this work.
These maintenance records can show if the trucking company was cutting corners on safety. If a truck hadn’t been serviced properly or had known problems that weren’t fixed, the company might be responsible for the accident.
According to ChopinLawFirm.com, a renowned group of truck accident lawyers based in New Orleans, your attorney may need to file legal documents known as ‘discovery requests‘ to compel the company to release these records.
Driver Logs and History
According to the National Transportation Safety Board, driver fatigue is a leading cause of truck accidents. This is why truck drivers can only drive for a certain number of hours before they must rest.
These rules help prevent tired drivers from causing accidents. Drivers must also keep logs of their driving time.
These logs can show if a driver was on the road too long and may have been tired when the accident happened. Some modern trucks have electronic logging devices (like the black box we mentioned earlier) that record driving time automatically.
The driver’s work history is also important. If they’ve had other accidents or safety violations, it might show a pattern of unsafe driving.
Your lawyer can get these records from the trucking company or government agencies regulating trucking.
Witness Statements
Passersby who witnessed the accident can provide valuable information. Their recorded statements can support your version of events and help show that the truck driver was at fault.
Try to get names and contact details from witnesses at the scene if you can. If you couldn’t do this, your lawyer might be able to find witnesses later by checking the police report or asking people who live or work near where the accident happened.
Witness statements are most helpful when they come from people who don’t know you and don’t have any reason to take your side. Their neutral point of view makes their statements more believable.
Records of all Out-of-Pocket Expenses
Keep track of all the money you spend because of the accident. This includes:
- Medical costs not covered by insurance
- Transportation to medical appointments
- Home care services
- Special equipment you need
- Home modifications for accessibility
- Medication costs
Save all receipts and bills related to your injuries. Your lawyer will use these to calculate how much money you should ask for in your claim.
Subpoenas for Hidden Evidence
Sometimes, the trucking company or their insurance company won’t share evidence willingly. In these cases, your lawyer can ask the court for a “subpoena.”
A subpoena is a legal order that forces someone (or a company) to share information or documents.
Subpoenas can be used to get many types of evidence we’ve talked about, like maintenance records, driver logs, or black box data. The court can punish anyone who ignores a subpoena or destroys evidence after receiving one.
Wrapping Up
If you’ve been hurt in a truck accident, don’t try to handle your case alone. Get help from a truck accident lawyer! They know what evidence to look for and how to get it.
They also know how to use the evidence to build a strong case to get you the compensation you need to recover and move forward with your life.
