When you file a claim against a trucking company after an accident, you’ll need evidence to prove your case. Typically, you’ll need proof that the truck’s driver or the trucking service itself was negligent and, by extension, can be held legally responsible for your resulting damages.
Commercial trucking operations are complex and nuanced. The trucking industry is bound to comply with strict safety regulations set by state and federal law. As a result, accidents with tractor-trailers, semi-trucks, and other commercial rigs aren’t like other auto accidents. Different rules – and different evidence – can play a part in litigation.
Here’s a breakdown of some of the most important evidence in truck accident cases.
Accident Reports
Police reports and accident reports generated by other investigative agencies can be incredibly helpful as you pursue compensation for your truck accident injuries.
Accident reports can contain vital information about the truck crash, such as:
- Names of all involved parties
- DOT information
- The name of the trucking company
- The specific time, date, and location of the wreck
- Citations issued at the scene
- Diagrams of the accident
- Preliminary assessments of fault
- Road, weather, and traffic conditions
Getting all of this information in writing helps to prevent the trucking company from changing the narrative or manipulating the facts of the case. While the police report itself might not be admissible as evidence at trial, it can provide a great foundation on which your attorney can build a winning legal claim for damages.
Eyewitness Accounts
Eyewitness testimony can be helpful as your attorney builds a truck accident case on your behalf. Witness recollections can offer different perspectives of the crash and paint a more complete picture of what happened. However, witness memories can be unreliable, especially as time passes. It’s important to record eyewitness accounts as soon as possible after a collision to reduce the chances that their memories of the event fade or change.
Evidence From the Scene of the Crash
Physical evidence from the scene of the truck accident can provide valuable insights into how the collision occurred.
Helpful evidence can include:
- Damage to the truck and other vehicles involved in the crash
- Damage to other property, such as lane barriers, traffic signs, buildings, trees, or guideposts
- Tire tracks and skid marks
- Debris
- Road conditions
Evidence can be used to recreate the collision to understand how and why it happened.
Expert Testimony
Expert witnesses can offer key insights into truck accident cases when they visit the scene, speak with witnesses, or review evidence obtained by your legal team.
Experts who are often utilized in truck accident litigation include:
- Trucking industry experts, including regulatory and safety specialists
- Truck accident reconstructionists
- Forensics specialists
- Mechanical engineers
- Toxicologists
- Medical professionals
- Rehabilitation specialists
- Economic experts
- Psychologists
- Metallurgists
The types of experts that will be most helpful will depend on many factors, including the type of truck that was involved in the accident, where the accident occurred, and preliminary assumptions of why the truck accident is believed to have occurred.
Event Data Recorders
Many trucks are outfitted with several onboard recording devices, each of which can provide valuable evidence if the rig is involved in a collision. Event Data Recorders (EDRs), which are often called truck black boxes, can provide data about a truck’s speed, driver maneuvers, aggressive driving practices, braking, steering wheel angles, seatbelt engagement, and other information just before a crash.
EDRs don’t record continuously while a truck is being driven. Rather, recording is triggered by specific events, such as sudden deceleration, airbag deployment, speed violations, excessive idling, or driving at unusually low speeds for an extended period of time.
Dashcam Footage
Trucks aren’t required to have dash cams, but many do. Recordings from a dashboard camera can offer critical information about how and why a truck accident happened from the truck’s perspective. When equipped with sound recording capabilities, a dash cam can also shed light on what a driver was doing or saying immediately before and during a collision.
The Truck Driver Log
Federal Motor Carrier Safety Administration (FMCSA) regulations require commercial truck drivers to keep a regular log of their driving activities. Drivers must use an Electronic Logging Device (ELD) to keep track of their hours of service, which are limited under federal law.
The ELD contains information about the date and time of each change in duty status, the number of miles driven in a given state, the truck’s DOT number, break times and locations, and vehicle inspections.
ELD data can point to potential violations of state or FMCSA safety regulations, which can indicate that a truck driver was negligent.
Truck Inspection and Maintenance Reports
Truck drivers must perform thorough inspections of their vehicles before and after a trip is completed. The pre- and post-inspection is designed to help the driver pinpoint potential problems with the vehicle that make it unsafe on the road. If the driver discovers an issue, it must be documented in a Driver Vehicle Inspection Report (DVIR).
Trucking companies are also required to perform regular, in-depth inspections of each truck in their fleet at least once every 12 months. Any problems with the vehicle must be documented and fixed.
Both DVIRs and annual inspection reports can shed light on whether an unsafe truck was permitted to stay in operation.
Cell Phone Records
Cell phone records can be subpoenaed to determine if a truck driver was using their phone or other devices at the time of the accident. While truck drivers are required to use hands-free devices, the use of a cell phone in compliance with FMCSA regulations can still be distracting and contribute to an accident. Getting proof that a driver was on their phone can help establish the driver’s fault for a crash.
An Experienced Truck Accident Attorney Can Help You Get the Evidence You Need to Win Your Case
Don’t stress out about how to get strong evidence to support your truck accident lawsuit. Focus on recovering from your injuries and figuring out how to move on with your life while an attorney with decades of experience with truck accident cases at Singleton Schreiber takes charge of your fight for compensation.
At Singleton Schreiber, we’re committed to holding powerful trucking companies responsible when things go wrong and accidents change our clients’ lives forever. As award-winning litigators with decades of experience, our track record of success is clearly established. We’ve won more than $3 billion for our clients by building winning legal claims backed by strong evidence.
Put our personal injury law firm’s national resources behind your truck accident case by contacting our law office for a free consultation today.
