Truck accidents are extremely devastating events that usually bring about extensive physical, emotional, and financial damage for your other drivers involved. Because of their size, commercial trucking vehicles typically cause more destruction than typically occurs when two passenger vehicles crash. A significant amount of fatalities also originate from truck accidents. In 2018, the most recent year for data, 5,096 large trucks and buses were linked to fatal crashes, in line with the Federal Motor Carrier Safety Administration.
Those in passenger vehicles in many cases are those still having one of the most serious injuries, whether medical ailments, problems for personal property (i.e., your car), or mental and emotional pain and suffering.
Gathering the proper evidence a direct consequence is very important if you are associated with a truck accident — and crucial if you are injured from the crash and plan to pursue a claim for damages. The following items are the type of evidence frequently used to prove that the truck driver or some other party, like the trucking company, broker, shipper or manufacturer, acted negligently and was a contributing reason behind the crash.
Police that reach the accident scene can establish the state run report. You should obtain a duplicate with this report on your own records. With trucking accidents, a professional truck inspector often sent from the state police, should examine the vehicle before it gets removed through the scene. They will search for items like an apparent vehicle defect, an overweight load, low tread about the tires, loading irregularities, or some other malfunction that could have contributed to or caused the accident. Obtain a copy on this report also.
Photos and witness statements.
If you are able to, take pictures with the accident scene, including damage carried out to your car or truck and also other personal property, any tire or skid marks around the road, and also the truck associated with the accident. Also document cuts, burns, and also other injuries you could suffer because in the crash. Get names and contact information for witnesses and have the police to get their account of the incident, either via written statement or video testimonial.
Alcohol and Drug Testing. In most cases involving a fatality or physical injury federal regulations require the driver of your commercial truck be given a drug and alcohol test to check for possible impairment. The use of illegal substances or excessive levels of prescriptions may lead to driver fatigue reducing concentration and driver reaction time.
Federal law requires commercial truckers to follow Hours of Service regulations, which stipulate how much time they are in a position to drive so when they need to take breaks. Electronic Logging Devices (ELDs) automatically record this information and transmit it for the carrier, providing more precise reporting whether a trucker is sticking to these Hours of Service regulations. If you are in the truck accident must be driver violated these regulations and was being affected by fatigue or exhaustion, these logs could provide evidence of that fact.
Evidence requested inside a spoliation letter.
Your truck accident attorney may draft and send a spoliation letter, which is a document sent with the injured party requesting that every evidence related on the accident be preserved. That evidence could include truck inspection reports, the truck driver’s qualifications and driving records, dispatch instructions, weigh station and loading dock reports, along with the aforementioned driving logs. If your accident is the result of negligence around the part from the driver, trucking company, or another party, evidence of that negligence could be within these documents.
While you can aquire some items yourself
think photos and a copy in the police report — obtaining other kinds of evidence to use for yourself will demand the assistance of a seasoned truck accident attorney. Generally speaking, the earlier you contact one after the crash, the higher your chances of having the capacity to create a successful case and recoup damages.