When it comes to the accident litigation, the technical nature of the situation can require a significant degree of evidence in order for the injured party to make a strong and winnable case. It would be naive to think that the trucking company isn’t going to put up a fight. A good lawyer would resort to an exhaustive investigation that would establish liability and lead to proper compensation. Let’s look at seven types of evidence that you need to present to prove that the truck driver was at fault.
- Your Vehicle
In a truck accident claim, your damaged vehicle will serve as one of the strongest items you can submit into evidence. Your vehicle will reveal volumes, since any visible damage to the vehicle will be apparent and can provide pertinent information regarding what unfolded in the event of the accident. Refrain from making any repairs to your vehicle before the case is settled, otherwise you run the risk of erasing critical evidence.
- Inspection Reports
Commercial truck inspection is mandatory, and a commercial truck is expected to be inspected at least every 12 months, or more frequently in certain instances. Truck inspections are necessary to ensure that the vehicle is operational. The big question here is, “Was the truck safe to be on the road?” A missed inspection leaves room to make a negligence claim, which could prove important to your case.
- Police Report
A police accident report is one of the most important pieces of evidence to present and use in negotiations. It is generally a detailed written recollection of the responding officer on the scene of the accident. These reports often include the officer’s observations and opinion regarding the at-fault party and how the accident occurred.
- Driving Log
Drivers are limited to a set amount of hours during which they are permitted to operate their truck. Driver fatigue is a condition that affects truck drivers, and a driver who spends more time behind the wheel than is allowed can be a danger on the roadways. A driver log assessment is essential in indicating the hours that the driver drove the day or week of the accident.
- Witness Statements
It’s beneficial to obtain the contact information and statements from any witnesses at the scene
of the accident. You want to get reliable witnesses in the absence of video surveillance to capture the moment. This unbiased party doesn’t benefit from the claim’s outcome, and can provide an objective recollection on what they saw before, during, and after the accident.
- Alcohol and Drug Testing Results
Some trucking companies conduct random alcohol and drug testing to ensure that their drivers are driving sober. It is possible that a driver didn’t make the random testing pool on the particular day. Unfortunately, some companies do not have random drug and alcohol testing. Any indication that the truck driver was intoxicated during the crash goes to strengthen your case.
- Electronic Monitoring Data
Many trucking companies have electronic monitoring systems to keep tab on their drivers. This monitoring system covers information regarding speed and hours of operation. Data from this system could bolster your case if there was any violations by the truck driver.
Some or all of the aforementioned types of evidence may prove relevant to your case. With the right lawyers on your side, you can have the outcome you deserve. Call the law firm of Abels & Annes if you’ve been involved in a truck accident and need a legal team that will fight for you.