To bring a successful truck accident claim, you must have the necessary evidence to prove your case. The collection and preservation of evidence begins at the truck accident scene and continues during the discovery process.
The importance of evidence in commercial truck accident claims cannot be overstated. As a personal injury lawyer with over 25 years of experience, David Blackwell knows the type of physical evidence and electronic data that must be gathered and preserved immediately, such as video camera footage, truck inspection reports, and vehicle data recorders.
Role of Evidence in a Truck Accident Lawsuit
An experienced personal injury lawyer will quickly seek access to the tractor-trailer to evaluate its mechanical condition and download data from the truck’s black box data recorder. Videotape from traffic cams and nearby security cameras may reveal how a truck accident occurred if the video is found and preserved before it is taped over and lost.
A personal injury law firm will obtain evidence for the following reasons:
- Establishing Liability – To hold the truck driver or trucking company responsible for your injuries and financial losses, you must have evidence to establish their financial liability. Photographs, documents, and physical evidence can help determine the factors that led to the accident. Your attorney must present sufficient evidence to demonstrate the liability of the at-fault parties to develop a successful personal injury claim.
- Admissibility in Court – If your case goes to court, the judge will determine whether specific pieces of evidence, such as a photograph or piece of equipment, are admissible for the jurors to consider as they evaluate liability in the case. The evidence your attorney collects must be properly preserved to be considered for use at trial.
- Enhancing Negotiation Leverage – By obtaining strong evidence at the accident scene and throughout the discovery phase of your case, your personal injury attorney may strengthen your negotiating position with the insurance companies involved in the case. If you demonstrate the existence of evidence to support your case, you can increase your chances of receiving fair compensation.
- Building a Strong Legal Case – The strength of the evidence presented often determines the success of a truck accident lawsuit. Attorney David Blackwell has the legal skills and experience to know what it takes to develop a robust case on your behalf. He will craft a legal strategy based on the evidence in your case to pursue the best outcome possible.
- Pursuing Maximum Compensation – If you were involved in a truck accident, you may have suffered severe personal injuries. You may have medical expenses, lost income from being unable to work, and pain and suffering after the accident.
Truck accident evidence can degrade quickly due to numerous factors, including road maintenance and weather conditions. Vehicle damage, skid marks, and debris can rapidly vanish from the accident scene.
By acting swiftly to preserve the critical evidence in your case, your attorney will be in the best position to demand a fair settlement on your behalf.
Types of Evidence to Preserve in a Truck Accident Claim
The complexities of truck accidents present challenges because of the nature and ownership of the vehicle involved. A commercial truck driver may own and operate the truck or be an employee of a trucking company. Trucking companies often operate fleets of trucks. The company’s documentation of the truck maintenance can be crucial evidence in a truck accident case. The types of evidence for your truck accident case your attorney might gather may include:
- Accident Scene Documentation – The accident scene must be well-documented. Depending on the accident’s severity, an investigator or accident reconstructionist may be called upon to photograph the accident scene, the positions of the vehicles, the location of traffic signals, and any nearby signs.
- Electronic Data and Black Box Information – Trucks are equipped with electronic control modules (ECMs), commonly known as black boxes. The black boxes record critical data concerning the trucks’ speed, braking patterns, and other activity before, during, and after an accident. An experienced personal injury lawyer will seek access to the black box to download its data for analysis.
- Driver Documentation – Your attorney will obtain all available information about the truck driver. This may include their driver’s license, driving record, logbooks, and other pertinent records. The truck driver’s qualifications, education, and adherence to regulations may play a significant role in determining liability.
- Witness Statements – Eyewitness testimony may be critical evidence to support personal injury cases. Before a witness offers testimony at a deposition or on the stand at trial, your lawyer will obtain the witness’s statement. Eyewitnesses may provide their contact information to law enforcement at the scene, and your lawyer will contact them to discuss their observations. These statements can provide additional details about the factors involved in the accident and may corroborate or challenge other evidence collected.
- Trucking Company Records – As an investigation into a serious accident unfolds, attorney David Blackwell will seek the trucking company’s records, including their policies concerning driver training, safety procedures, and vehicle maintenance. He will review the vehicle’s maintenance history, including records of repairs and the truck driver’s employment history, to determine whether any past incidents or violations occurred. These personnel records could be important evidence in your case.
Contact a Truck Accident Lawyer in Indian Land, SC
If you suffered severe injuries and financial losses due to a personal injury accident that was not your fault, attorney David Blackwell is prepared to help you demand justice and a favorable outcome. As an experienced attorney, David Blackwell understands the legal process can be confusing for accident victims and that you may need help dealing with insurance companies. He can explain your legal options and discuss whether filing a personal injury lawsuit to seek financial compensation is appropriate based on the details of your accident. David is a skilled negotiator and settles most personal injury cases without going to trial.
The legal team at David Blackwell Law is passionate about putting people first. Call today for a free consultation with an Indian Land, SC, truck accident attorney.
