Cars and trucks after an accident. | Patrick Daniel Law

Guide to Evidence Needed in Your Truck Accident Case

Here’s a comprehensive guide to the type of evidence needed to strengthen your truck accident case:

1. Personal Information

This includes your full name, contact details, driver’s license number, and insurance information. Also, gather similar information from the truck driver, any other parties involved in the accident, and any witnesses.

2. Incident Description

A detailed description of the accident is key. This should include the date, time, and exact location of the crash. You should describe the sequence of events leading up to, during, and following the accident, including your actions and the actions of the truck driver and any other parties involved. It’s also important to document road, weather, and lighting conditions at the time.

3. Truck Driver Information

In addition to the truck driver’s personal and insurance information, you’ll want details about their employer and the truck they were driving. This might include the trucking company’s name, contact details, and insurance information, as well as details about the truck, like its make, model, and license plate number. You should also try to obtain the driver’s work schedule and logbook, as these may provide evidence of violations of hours of service regulations.

4. Photos & Videos

Photographic and video evidence can be extremely valuable. Photos should depict the accident scene, damage to the vehicles involved, any visible injuries, and any other relevant details, such as traffic signs, skid marks, or road conditions. If there were surveillance cameras nearby that may have captured the accident, we will want to attempt to obtain this footage.

5. Police Reports

Always call the police after a truck accident. Transportation Code § 550.062 states that a report must be filed if an accident involves an injury, death, or property damage of $1000 or more.

Law enforcement officers will prepare a police report providing an official account of the accident. This report might include the responding officer’s observations and conclusions about the cause, details about any citations issued, and statements from the drivers and witnesses. You should request a copy of this report as soon as it’s available.

6. Witness Statements

If there were any witnesses to the accident, their accounts can provide key evidence. Obtain their contact details at the scene and note any statements they made. Later, your attorney can follow up with these witnesses for more detailed statements.

7. Medical Records

If you’ve been injured in a truck accident, it’s essential to seek immediate medical attention and follow all of your healthcare provider’s recommendations. Request copies of all medical records related to your treatment. These records should document your injuries and the treatment you’ve received, and they might also provide a prognosis for your recovery.

Keep track of all medical bills and other expenses related to your injuries. Additionally, your lawyer may also request the truck driver’s medical history. This data may give insight into the reason for the crash.

8. Expert Reports

Depending on the specifics of your case, you may benefit from reports prepared by experts. This might include medical experts who can testify about your injuries, accident reconstruction experts who can analyze the physical evidence and recreate the sequence of events leading to the accident, and/or trucking industry experts who can testify about industry standards and the trucking company’s compliance with regulations.

9. The Truck’s Black Box

Most commercial trucks are equipped with an electronic control module (ECM) that has an Event Data Recorder (EDR). Sometimes these devices are referred to as the truck’s “brain” or “black box.” The EDR records data such as speed, brake usage, and hours of operation. This data can provide valuable evidence, but it’s crucial to act quickly, as some will overwrite data after a certain period or they may be destroyed in the accident.

10. Dash Cam Footage

If your vehicle or the truck involved in the accident had a dash cam, this footage could provide critical evidence about the cause of the accident.

11. Cell Phone Records

If you believe the truck driver may have been distracted at the time of the accident, cell phone records could provide evidence of this. Your attorney can help you obtain these records.

12. Truck Inspection & Maintenance Records

The Code of Federal Regulations 49 § 396.3 requires that trucking companies regularly inspect and maintain their vehicles. If the truck involved in your accident wasn’t properly maintained, the company’s inspection and maintenance records might provide evidence of negligence.

13. Employment Records

Records from the trucking company about the driver involved in the accident can also be helpful. This might include the driver’s employment application, training records, performance evaluations, and disciplinary records.

14. Load Records

Overloading a truck or improperly securing its cargo can lead to accidents. Records related to the load the truck was carrying at the time of the accident, such as weight tickets, bills of lading, and dispatch instructions, might provide evidence of such issues.

How Can a Lawyer Help in Your Truck Accident Case?

In addition to gathering this evidence, it’s crucial to consult with an attorney with extensive experience handling truck accident cases. These cases can be complex, involving federal regulations and multiple potentially liable parties. An experienced attorney can guide you through the process, help you gather and preserve evidence, and advocate for your rights.

Most of the essential evidence for a truck accident case often resides with the trucking company itself. Patrick Daniel Law will move swiftly to ensure all relevant evidence is preserved and promptly handed over.

For instance, we place high importance on inspecting the truck and trailer involved in the accident. Our team scrutinizes the vehicle to ascertain whether the accident was solely due to operator error, or if it was also a consequence of negligent maintenance and/or faulty parts leading to the truck’s failure.

Moreover, we consult with experts to analyze the evidence and provide testimony to reinforce your claim. These expert witnesses can help recreate the accident scene, pinpoint violations leading to the incident, evaluate the severity of your injuries, estimate the compensation you’re entitled to, and more.

Contact Patrick Daniel Law Today

If you’ve been injured or a loved one has been lost in a truck accident, you deserve to pursue justice and compensation for your devastating losses. Contact Patrick Daniel Law today for a FREE case evaluation. We will determine if you have a strong claim, search for evidence to build a truck accident case, negotiate on your behalf, and argue in court if need be. You can trust us to fight by your side.

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