The Importance of Preserving Evidence After A Trucking Accident

Truck crashes are quite common in the United States. According to the United States Department of Transportation, approximately 182,000 people were hurt in nationwide truck accidents in 2019. In that same year, there were also 5,244 fatalities reported in United States truck crashes. The odds of being seriously injured in a commercial vehicle accident are greatly increased due to the sheer size of a tractor-trailer. Weighing up to 80,000 pounds, a big rig produces substantial force in a crash. This force can easily destroy a smaller, non-commercial vehicle.

When you have been hurt in a commercial vehicle accident, you may be entitled to compensation. However, winning a truck accident case can be a challenge for even the most experienced truck accident lawyers. Obtaining the necessary evidence and information to prove your claim is a crucial piece of any litigation strategy.

Gathering Evidence After a Truck Accident 

The value of your case is greatly impacted by the available evidence. Trucking companies typically carry insurance with policy limits of one million dollars or more and legal damages can easily surpass this number in a serious truck accident case. Not surprisingly, insurance companies do not like to pay these claims. The only way to successfully pursue your case is to have complete documentation of the crash in order to prove your claim.

While it is normal to feel overwhelmed following the accident, victims can help in gathering the following pieces of important information at or near the time of the collision:

• Photographs: If you are able, you should take pictures of the accident scene, including detailed images of all vehicles involved from multiple angles. If there is evidence of skid marks or other physical impressions of the crash, you should try to capture this as well.
• Witness Statements: You should speak with anyone who may have witnessed the crash and record or write down what they say. Obtain their contact information so that you can use it later if needed.
• Statements: Give a detailed account of the accident to the investigating officer, as this may help in providing a complete picture of the crash. Otherwise, you should not speak to anyone else about the crash until you have spoken with your attorney.
• Do Not Sign Anything: If you sign any documents, you may be waiving your right to recovery. The insurance company may try to get you to settle your claim at an early stage of the process. You should always speak with a truck accident lawyer before deciding whether to accept any offer from the adjuster.

Documenting the crash at the early stages is important. Preserving key evidence that may be lost can help during the later parts of your case. Before you talk to the insurance adjuster, you should speak with an experienced nationwide truck accident lawyer in order to ensure that your rights are protected.

Evidence in Truck Accident Cases

Truck accidents are complex and may have several different causes. Determining exactly how the crash happened depends on having access to all of the relevant information. At Burg Simpson, our experienced national truck crash attorneys will assist with gathering evidence in many ways, including:

• Driver Safety History: Trucking companies should conduct thorough background checks on the drivers that they hire. If a driver commits a traffic infraction while operating their truck, they should be disciplined appropriately. Not all trucking companies will act with this level of due diligence. Having access to the safety history of the truck driver involved in the crash may lead to clues about why the accident occurred.
• Maintenance Records: Trucks are required to be maintained through regular service and inspections. Your claim may be strengthened due to a delayed maintenance schedule or missing inspection.
• Black Box Data: A truck's data collection often contains important information on the moments leading up to the collision.
• Phone Records: Was this a distracted driving truck accident? More than 70% of truck accidents may be due to the trucker's distracted driving.
• Internal Communications: Trucking companies and their drivers likely spoke with each other following the crash. Evidence of internal communications may contradict other statements that were made and can provide key insight into how the accident actually took place.
• Non-Spoliation Letter: A non-spoliation letter is a letter sent from your attorney to the trucking company or its agent. The letter typically requests the company to preserve all evidence relating to the crash. If evidence is later destroyed or missing, the trucking company may face legal consequences for its actions. It is important to send a non-spoliation letter as soon as possible following the accident. This can avoid the loss of valuable evidence.

Having access to all relevant information and data can make a major difference in your case. As the plaintiff, you are required to prove by a preponderance of the evidence that the truck driver or their employer should be held legally responsible for the accident. The more evidence that you have in your favor, the more likely that your case will have a successful outcome.

You should contact an experienced national truck accident lawyer as soon as possible after your truck crash. Evidence tends to disappear over time. An attorney can ensure that the proper evidence is requested and preserved for use in your case.

Get Help for Your Truck Accident Claim

If you were hurt in a truck accident in the United States, you should seek help from a national truck accident attorney right away. Truck accident injuries can be life-altering. Depending on where your accident happened, there are time limits to filing your claim. Each state has its own statute of limitations. Waiting too long can jeopardize your legal rights and can result in the loss of crucial evidence that is needed to help with your case.

At Burg Simpson, we can help with your commercial truck accident claim. Our attorneys have recovered millions of dollars for crash victims across the country, and we would be honored to assist you as well. You can contact us by using our online intake form or giving us a call at (888) 895-2080.