Truck accidents cause heavy financial losses to victims. In the worst-case scenario, it can result in death. Filing a lawsuit against the negligent party is a necessity since it can help you recover from the losses and punish the negligent party.
The victim who files the case is known as the plaintiff. In personal injury cases, the plaintiff bears the burden of truth. They need to prove the following things:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Proving the above elements of personal injury law is the only way to obtain fair compensation for your losses. To prove the elements of personal injury law, you will need evidence. Collecting evidence is a bit hard, so get help from an expert truck accident lawyer.
The Evidence You Need to Collect to Prove Negligence
Collecting evidence in a truck accident case is much different from collecting evidence in a car accident. Following is a list of evidence you need to collect to prove negligence in a truck accident case:
- Police report
- Black box data
- Electronic logging device data
- Dashcam footage
- Photos and videos of the accident site
- Maintenance report
Police Report
The police report is a common type of evidence you can use in all types of accidents. A police report will contain the necessary information you need to establish negligence. A police report is considered trustworthy and credible since it directly comes from the law enforcement department.
Black Box Data
All the new trucks have black boxes similar to the ones in airplanes. Black box data consists of information like the speed of the truck at the time of the accident and whether the driver applied brakes or not. This information can be useful in establishing negligence.
Electronic Logging Device
An electronic logging device tracks the work schedule of the driver. By obtaining access to this device, you can get to know how long the driver worked without breaks. You can prove violations of hours of service rules, which might have been the root cause of the accident.
Dashcam Footage
You can understand the driver’s behavior by looking at the dashcam footage. If they were distracted at the time of the accident, you could find that out. Truck driver negligence is one of the most common causes of truck accidents. Dashcam footage can determine whether the driver is guilty or not.
Photos and Videos of the Accident Site
Another common piece of evidence that you can collect in all types of accidents is photography. Take photos of the accident site, the damage to your property, and your injuries. Also, take videos of your recovery process to prove your non-economic losses.
Maintenance Report
Mechanical defects, such as tire blowouts and brake failures, are the top reasons for truck accidents. Regular truck maintenance is important to prevent truck accidents. It is the trucking company’s responsibility to make sure the truck is in good condition before sending it out for trips. By looking at the maintenance reports, you can determine whether the accident was caused by a defective part. For these types of accidents, you can hold the trucking company liable.
Final Thoughts
More than one party can be held liable for truck accidents. You need to know the negligent party to file a claim and obtain compensation. Determining negligence requires the expertise of a truck accident lawyer. An experienced truck accident lawyer knows what evidence to collect and how to collect it. The evidence they collect can prove the negligence of the at-fault party by proving the elements of personal injury law. Hiring a lawyer is the first step towards acquiring fair compensation for your losses.
