If you or someone you love is hurt in a truck accident, you have the legal right to pursue a claim to recover compensation. In many cases, you can pursue a claim against the trucker and the company employing that driver.
You will have to prove your claim, though, as you have the burden of proving the defendant was negligent or violated the rules of the road in a way that caused you harm. This means you’ll need as much evidence as possible to make a strong claim.
Drafahl Law Firm can help you gather the evidence you need to pursue justice. Give us a call today to schedule your free consultation with a St. Louis truck accident lawyer to learn more about the assistance we can offer.
Important Evidence in Truck Accident Claims
When you are building a truck accident claim, the specific evidence you will need is determined based on the cause of your crash, who you’re making a claim against, and what types of damage you endured.
However, there are certain types of important evidence in truck accident cases that nearly every victim will want to obtain. This includes:
- Forensic evidence from the crash scene: Debris from the accident, skid marks on the road, damage to surrounding objects, and photos and videos of the scene can all help accident reconstruction experts to determine with extreme precision how the truck crash occurred.
- Truck maintenance logs: Federal Motor Carrier Safety Regulations require drivers and trucking companies to maintain vehicles safely. If you discover that the brakes weren’t replaced in years or that the truck was not inspected as required, you could potentially prove these failures contributed to your truck crash.
- Black box evidence: Many truckers have onboard computers that record the driver’s actions leading up to the accident. Gathering this black box data can help you prove how the driver’s failures caused your accident and the resulting harm.
- Cell phone records; Distracted truckers are far more likely to cause crashes, and truck drivers who use cell phones in violation of regulations are presumed negligent. Obtaining phone records can help you to prove that the driver of the truck was texting, talking, or browsing at the time of the incident.
- Police reports: When police investigate a collision, they prepare a report. This report could have invaluable information, such as details about the truck driver’s blood alcohol concentration or a toxicology report showing the presence of drugs in his system. The report will also show what the police believe ot be the cause and whether the trucker was ticketed
- Driver logs: Drivers are limited in the time they can be behind the wheel under FMCSA hours-of-service regulations. Driver logs will show how long the driver was on the road. If a trucker was operating the vehicle for too long, fatigue may have played a role in causing your accident.
- Witness testimony: If others saw the crash, they can help to share what happened and back up your version of events if there’s a dispute over who was to blame.
- Expert testimony: Experts can provide context about other evidence, such as maintenance logs or forensic evidence from the crash scene. As they paint the picture of how the crash happened, the court will be more likely to understand both the cause of the collision and the extent of the harm.
In addition to this evidence showing how the crash happened, you’ll also want to gather proof of the extent of your losses, including medical records and a pain journal.
Getting Help from a St. Louis Truck Accident Lawyer
A St. Louis truck accident lawyer can assist you with gathering all of the evidence you need in your truck accident case, including subpoenaing records and interviewing witnesses. The sooner you get an advocate on your side, the better your chances of building a strong claim, so call Drafahl Law Firm today so we can go to work for you in making your case.