What Evidence Do I Need After Being Involved in an Accident with a Commercial Truck?

LAW BLOG  •

June 4, 2018

An accident involving a commercial motor vehicle can cause devastating injuries. Due to the nature of the accident and the size difference of the vehicle, victims of truck accidents often sustain serious and even permanently disabling injuries. If you’ve recently suffered harm in a truck accident, you may be wondering if you have grounds for a personal injury claim. Learn how claims in trucking accidents work – and how your attorney will gather evidence to demand compensation for both your economic and non-economic losses.

Who Is Liable for the Accident?

One of the most important aspects of a truck accident case is determining who is responsible for your injuries. The answer to this question is not always clear-cut. A number of factors may affect your truck accident case, from the driver of the vehicle who hit you, his or her employer, the manufacturer of the truck, or even the federal government. To determine liability in a truck accident, we look at several important pieces of evidence, including:

  • The forensic evidence available on scene. Our firm can report to the scene of the accident and take photographs of the damage, talk to eyewitnesses, and more. If access to the accident scene is no longer available, we request information from the police report and look for evidence of negligence.
  • The log book. Federal law requires that every commercial driver use a log book that details the number of hours worked, breaks, maintenance checks, and more. Failure to maintain this log book or follow the procedures set by the Federal Motor Carrier Safety Administration could provide evidence of liability.
  • Recall records or issues reported to the manufacturer. In some cases, the malfunctioning of a truck may be responsible for an accident. If this applies, you may have a product liability case against the manufacturer.
  • Reports about the scene itself. What was the weather like at the time of the crash? Did the driver appear to be speeding or driving too fast for current conditions? Eyewitness accounts could prove useful in any truck accident case.

Where Will My Attorney Gather Evidence?

Collecting enough evidence to establish liability in a truck accident case requires the assistance of an attorney. He or she can subpoena records that help establish negligence in your case and demand fair compensation for the full amount of your injuries, pain, and suffering. Your attorney will look to several sources to complete an investigation:

  • The black box. Much like an aircraft, commercial motor vehicles have an electronic control module that collects data about the vehicle’s operation, including brakes, throttle, engine, and more. The information in the black box can help determine if a deadly error occurred, contributing to the crash.
  • Electronic logs. Most drivers log their hours of service electronically. The log book is arguably one of the most important pieces of evidence in a truck accident case, especially in light of the current trucking shortage. It will show if a driver overextended him or herself in order to make a delivery. Fatigue often plays a role in trucking accidents, so issuing a subpoena for a log book is critical.
  • A dash cam. It’s becoming more common for trucking companies to install dash cameras in commercial vehicles to keep an eye on driver behavior. Even if a truck does not have a dash cam, Texas highways often have cameras that could have valuable footage of the crash.

Truck accident claims can involve multiple players. Your personal injury attorney must conduct a thorough investigation into the nature of the crash to determine the parties responsible. He or she will use evidence from the dash cam, log book, and traffic cameras to establish liability in a truck accident. With the help of an experienced truck accident lawyer , you can hold the negligent parties accountable for the harm you suffered.

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