Truck accidents may occur for a variety of different reasons, just like any motor vehicle accident. However, determining liability for a truck crash can be difficult because many different companies and people may share responsibility for a single vehicle.
Negligence on part of the driver, commercial truck company, mechanic, shipping company and/or manufacturer may all contribute to a crash. Generally, the cause of the crash will determine the liable party or parties. Trucking company negligence and driver error are among the most common causes of truck accidents, but there may be many other contributing factors as well.
Due to the complexity of this type of claim, it is crucial to contact an attorney for help immediately after you or a loved one have been involved in a truck accident. Evidence in a truck accident must be preserved before it is altered or destroyed. If you file a truck accident claim, then evidence may come from multiple sources.
What Are The Types of Evidence We Preserve?
The truck’s “black box” or ELD (Electronic Logging Device): Commercial trucks have electronic control modules (ECMs) that are sometimes referred to as “black boxes.” Depending on the truck, multiple sources of data could be collected by the ECM. A modern ECM can record a truck’s speed, hard braking events, amount of time the truck has been driven or mechanical issues.
Driver Qualification Files: Trucking companies are required to maintain detailed files on their drivers. A driver qualification file may contain a driver’s employment application, medical certificate or moving violations. The driver qualification file might become evidence during a truck accident lawsuit.
Video footage of the accident: Cameras are everywhere, including on some commercial trucks, in front of businesses or at intersections. Video footage of a truck accident could help establish liability. Our attorneys work quickly to preserve any video footage of your accident.
Witness statements: Our attorneys work quickly to take witness statements. We can speak with witnesses who were present for your accident. Expert medical depositions can also help establish the severity of your or a loved one’s injuries.
Photos of the accident scene: Some accident survivors may be able to take photographs of an accident scene. However, it may not always be possible to take photos. In such cases, our attorneys work quickly to take photos of the accident scene.
Police reports: A police report can help guide us to additional sources of evidence. The responding officer may write down the names and contact information of any witnesses to the accident. In addition, a report could list what the officer believes caused the wreck. Information about the commercial vehicle’s employer, such as its Interstate Commerce Commission (ICC) and Department of Transportation (DOT) numbers may be in the report.
Documentation of your injuries: Medical records and other documentation of your injuries will be important to your case. These records help determine the damages you suffered as a result of the wreck.
How We Preserve Evidence After a Truck Accident
We have only scratched the surface on this topic. Evidence of a truck accident lawsuit may come from many other sources because truck accident cases can be extremely complex. This is why our law firm works with accident reconstruction specialists. We do not want to leave any stone unturned in your case.
The North Carolina truck accident lawyers at Riddle & Brantley work right away to preserve evidence related to your case. We do this by sending “duty to preserve” letters to the trucking company and other parties which prevent any evidence from being destroyed before examined properly.
If you have more questions about legal rights after a truck accident, then we encourage you to contact us for a free case evaluation.