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Finding evidence in a truck crash lawsuit

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A catastrophic collision with a large truck can have devastating consequences, leading to severe injuries, property damage, and even loss of life. While a truck crash is a lot less likely to occur than another form of automotive incident, it is still a serious concern, and the problem is growing. In 2021, a total of 4,714 people died in large truck crashes, a 17% increase compared with 2020, according to the Insurance Institute for Highway Safety.

When truck crashes happen, legal recourse is often sought through a truck collision lawsuit, and the evidence that is collected is critical in determining liability and securing fair compensation for the victims. Here’s why…

Types of evidence

The foundation of a truck crash lawsuit lies in proving liability. To hold the responsible parties accountable, the evidence must demonstrate their negligence or wrongdoing. Various types of evidence can include:

Eyewitness testimonies

Statements from individuals who witnessed the incident can provide crucial details about the events leading up to the collision, the behavior of the truck driver, and any potential violations of traffic rules. “If an eyewitness saw what happened, they can provide testimony backing up the claim…” note accident attorneys at Manchin Ferretti Injury Law“…this can bolster personal injury cases in favor of the plaintiff.”

Crash scene investigations

Conducting a thorough investigation of the scene of the incident is critical. Skid marks, debris patterns, road conditions, and other physical evidence can help reconstruct the sequence of events and provide insights into potential causes, such as speeding, improper lane changes, or mechanical failures.

Police reports

Official police reports often contain valuable information, including the officer’s observations, citations issued, and any preliminary determinations of fault. Police reports can serve as important documents in understanding what happened at the scene of the collision and provide an indication of who may be liable.

Black box data

Many commercial trucks are equipped with event data recorders, or “black boxes” that store critical data. A truck’s black box can provide data showing a truck’s speed, braking activity, and other vehicle performance metrics. 

Retrieving and analyzing this information can provide objective evidence of the truck driver’s actions leading up to the incident.

Electronic logging devices

Electronic logging devices, also known as ELDs, are mandatory on most commercial trucks, as they record driving hours, rest breaks, and other related data. The data from ELDs are essential in determining if the truck driver violated hours-of-service regulations, which can contribute to driver fatigue and increase the likelihood of a collision. 

Proving damages

The evidence establishes the extent of damages suffered by the victims. To secure fair compensation, victims must demonstrate the tangible and intangible losses resulting from a truck-related crash. 

The following evidence can help build a strong case for damages:

  • Medical Records: Comprehensive medical records documenting injuries sustained, treatment received, and associated costs play a vital role in proving the physical and financial impact on the victims. Expert medical opinions from expert witnesses may also be sought to establish the long-term consequences of the injuries sustained in the crash.
  • Financial Records: Proof of financial losses such as medical bills, rehabilitation expenses, property damage, lost wages, and future earning capacity, can quantify the economic impact suffered by the victims.
  • Photographs and Videos: Photographs or videos taken at the scene of the crash or of the injuries, can provide a clear depiction of the physical damage, injuries sustained, and the immediate aftermath.
  • Witness Testimonies: Statements from individuals who have witnessed the victim’s physical pain, suffering, emotional distress, or loss of quality of life can help demonstrate the victim’s claim of non-economic damages.

Legal representation

Given the complexity of truck crash lawsuits, it is crucial for victims to seek legal representation from experienced legal professionals. A legal professional has the knowledge and expertise to gather, preserve, and present evidence effectively, ensuring that victims have the best chance of obtaining fair compensation.

Evidence is crucial in proving a truck crash case

Evidence serves as the backbone of any truck crash lawsuit, allowing victims to establish liability and prove the extent of damages suffered. Whether it is eyewitness testimonies, investigation of the scene where the collision occurred, black box data, or medical records, the weight of evidence determines the strength of the case.

That is why it is essential for victims to collaborate with skilled attorneys who can adeptly navigate the legal process and gather the evidence required to ensure justice is served in a truck-related lawsuit.


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