What Type of Evidence Is Needed to Prove Negligence in a Truck Accident Case?

Truckers play an integral role in our society, transporting about 72% of our entire nation’s freight to where it needs to go. Truckers also have a massive responsibility to remain as vigilant as possible at all times when they’re on the clock.

Unfortunately, one minor mistake could result in a devastating crash.

If you’re involved in a trucking accident, then it will be up to you to prove what happened and who was responsible. That said, you need to know what types of evidence can be used to prove negligence in a truck accident case. The negligent party will assume legal liability, meaning they’ll be responsible for the financial losses associated with the crash.

Kermani LLP was founded in 2011, so our team of truck accident attorneys have plenty of experience filing successful trucking claims. We’ll give you some insight on what type of evidence you should collect in your situation below.

Critical Evidence to Collect After Truck Accident Cases

Trucking accident victims often face a host of unexpected losses after getting injured in the collision. In order to get reimbursed for their losses, the injured party has to pursue a lawsuit or insurance claim against the responsible party.

Under the law, negligence is defined as a failure to uphold one’s legal duty to provide for the care and safety of someone else. In the context of a trucking accident, the party that caused the crash would be considered negligent.

So, how do you prove who was negligent in a truck crash? Here is an overview of the evidence you need to review to prove negligence and win your case:

Police Reports

The number one source of evidence is the official police report created at the scene of the accident. When the police arrive, not only will they help you get the medical care you need, but they’ll also immediately begin investigating what happened. In the report, they’ll outline:

• Who was involved in the accident;
• An initial determination of what caused the crash;
• Any physical evidence discovered at the scene.

This information is all official proof of what happened and who was involved, so always be sure to involve the authorities when you experience a truck crash.

Eyewitness Accounts

Another source of evidence to prove what happened is statements from eyewitnesses. An eyewitness can provide specific details about the crash that may be difficult to determine based on the crash scene itself. If no video footage of the incident is available, accident reconstruction experts may be able to use eyewitness accounts and the physical details noted at the scene to construct a general overview of what happened and who caused the collision.

Black Box Data and Dashcam Footage

Black box data can provide crucial evidence in a trucking accident. A black box is an electronic logging device that can provide detailed information about the driver’s behavior leading up to a crash. For instance, a black box might reveal that a trucker never even attempted to use their breaks in a rear-end crash, or it could show that a trucker attempted to break but the breaks malfunctioned.

Dashcam footage is also a great form of evidence that can visually show exactly what happened in an accident. If these options aren’t available, crash scene photos can help an accident reconstruction expert unpack and prove what happened. If you need help securing this type of evidence, then local truck wreck lawyers can help you get started.

Driver Logbooks and Vehicle Maintenance Records

Recent surveys show that 75% of truckers consider their job both physically and emotionally stressful. Around one out of every three truckers are behind the wheel at least 48 hours a week, which isn’t too far off from the 60-hour cap set by federal trucking regulations.

Unfortunately, some truckers or trucking companies push beyond their limits. Driver logbooks could provide crucial evidence that shows the trucker was driving more hours than they should. Vehicle maintenance records should also be investigated to ensure that the trucking company was maintaining the truck per federal standards.

Any missteps in the logbooks or maintenance records could be used as evidence to show insurance companies or a court jury that the trucking company was negligent in following federal trucking regulations.

Cell Phone Records

If you believe the other driver may have been on their cell phone at the time of the crash, obtaining their cell phone records can help prove whether the person was texting, talking on the phone, or utilizing cellular data around the time of the accident.

Substance Testing

Sometimes, drug or alcohol intoxication might contribute to your crash. If so, then substance testing at the scene can provide valuable evidence of negligence. In general, a BAC test at the accident scene or a field sobriety test performed by an officer can provide enough evidence to show that the other party was intoxicated.

How Evidence Can Impact Your Compensation

It’s important to never underestimate the importance of evidence in truck accident claims. Without evidence, your claim will fall flat, and you’ll lose out on your only opportunity to secure compensation for your losses. The right evidence, on the other hand, will clearly demonstrate the extent of your losses and secure your victory.

Obtaining evidence in a timely manner is crucial, especially if the other party left the accident scene. A timely investigation can help uncover who committed the crime, what caused the accident, and how much was lost.

In one of our recent trial cases, a client was struggling to convey the impact of their permanent disfigurement and scarring, but an expert medical witness was able to testify on behalf of the client regarding the severity of the plaintiff’s losses. The expert provided ample evidence to demonstrate not only how the scarring could impact the client’s ability to feel sensations fully, but also how the client’s personal and professional relationships could be impacted by the scarring. This evidence helped our client win their claim and get a more substantial settlement award.

Steps to Take Immediately After an Accident

On top of ensuring you collect the right evidence, you also need to make sure you take the proper steps immediately after the crash to preserve your rights. 

1. Involve the police. 
2. Get all the necessary medical treatments you need to fully recover. 
3. Once your immediate physical health is taken care of, you should get in touch with an attorney to learn more about your potential options for getting compensated for the losses you’ve experienced.

The Importance of Legal Assistance in Evidence Preservation

Determining what type of evidence is needed to prove negligence in a truck accident case is only one part of your overall legal claim for justice. On top of proving what happened and who was negligent, you’ll also need to thoroughly expound on your injuries, other losses, and the overall impact the accident has had on your life.

Some types of evidence in trucking accidents are time sensitive and can get lost, destroyed, or irrelevant over time. A lawyer will ensure that the right evidence is collected quickly, defending your case.

Moreover, legal assistance is important if your injury is substantial or could result in life-long disabilities. Under these circumstances, the right lawyer will hire expert witnesses to testify about the severity of your injuries and the impact they will have on your overall quality of life.

The entire legal process is complex, but the right truck accident attorney can help ensure that you compile a strong case from the outset. Our legal team here at Kermani LLP is ready to advocate for you. Schedule a free consultation to learn more about your rights and options.

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