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What Evidence Is Important in a Truck Accident Case?

By San Diego Attorney on June 27, 2020

Truck accidents can be violent, devastating, and shocking, often making it hard for any one driver to fully understand what happened. Recalling the events of an accident can be a draining experience for a victim and it may be difficult to file a claim based on only a victim’s memories. Having hard evidence can go a long way to ensuring proper compensation, but what evidence is most important?

Elements of a Trucking Accident

Trucking accidents differ significantly when compared to standard car accidents due to the number of parties that can be involved. Most people automatically assume that blame can solely be placed on a negligent truck driver, but other factors can result in a trucking accident. This includes the trucking company who hired and trained the driver and provided the vehicle. If they failed to perform a proper background check on the driver, broke federal or state trucking regulations, or ignored a known issue with a vehicle, they can also be held accountable for any injuries caused in an accident.

Additionally, mechanics and repair shops are required to inspect and service vehicles up to a certain standard. If they discover a mechanical failure or a part that needs to be recalled, then they should repair or replace any defective components. When these issues are not repaired, trucks can suffer massive mechanical failure, resulting in rollovers, runaway trailers, and jackknifing.

Each of these groups will have their own documentation that are relevant to your case.

Evidence in Your Case

Beyond accident reports, witness statements, and photos or video of the accident, a skilled attorney can also use the following pieces of evidence in a truck accident claim:

  • Driver’s record, qualification file, training file, and log
  • Driver’s cell phone record and social media activity, which could demonstrate distracted driving
  • Drug and alcohol test records
  • Trucking certifications and licensing, which may demonstrate how experienced or qualified a trucker was or was not
  • Driver’s medical tests if they demonstrate conditions like sleep apnea
  • Vehicle inspection records
  • History of maintenance, repairs, and inspections performed on the truck
  • Hours of service log, which may be included in the truck’s black box
  • Loading information and weight tickets, if the truck was overloaded
  • Delivery documents that show what cargo was being transported and if the driver was certified to transport it
  • Certifications that the trucking company was allowed to transport hazardous materials
  • Digital records, such as traffic camera footage that showed the driver ran a red light or GoPro footage from other vehicles

Besides demonstrating what caused the accident, this information may demonstrate who was liable for the accident and if any regulations were broken by the truck driver or company. With this information on file, your attorney can pursue a strong case for compensation.

Victim of a Trucking Accident? Call Us!

Trucking accidents are extremely complicated and require a significant amount of attention to detail to litigate. Going against a large trucking corporation can be a daunting task if you do not know what evidence to collect or how to procure it. That is why, if you have suffered an injury as a result of a negligent truck driver or company in Southern California, you should contact a San Diego truck accident attorney at jD LAW, P.C. Our law firm has the legal prowess and investigatory skills to analyze every aspect of your accident and determine the liable parties. Call us today at (760) 630-2000 to schedule a free consultation with an experienced legal team.

 

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Posted in: Truck Accidents

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James N. Dicks
jD LAW, P.C.

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