Examining and Collecting Evidence in Cases of Truck Accidents
Truck accidents differ from crashes between smaller passenger vehicles in the severity of injuries victims suffer and the potentially liable parties. Because multiple parties can be liable for a truck accident, gathering key evidence to establish fault is crucial. Specific truck accident investigation techniques are critical to obtaining valuable evidence at the scene and from trucking companies.
At the law firm of Craig, Kelley & Faultless LLC, our truck accident attorneys have extensive experience handling all aspects of these devastating crashes. From truck accident scene analysis to proving liability in lawsuits, we provide comprehensive legal representation to our clients. By retaining our firm after a truck accident, you can rest assured we will build a solid case to seek maximum compensation for all your losses.
Contact us today for a free consultation with an experienced Indiana truck crash attorney.
How Our Truck Accident Attorneys Help with Evidence Gathering
Our firm provides an emergency response team for victims of semi-truck accidents. When we receive your call, we act quickly to conduct a free evaluation of your case and visit the accident scene to gather all available evidence swiftly. When conducting a commercial vehicle crash investigation, we began building your case by:
- Gathering evidence – Our priority is to initiate our investigation at the accident scene by surveying the site, taking photographs and measurements, and recording necessary video footage. We also want to collect and secure evidence, such as data from the truck’s black box, to prevent it from being destroyed. We can interview all eyewitnesses to document their statements and record their contact information.
- Securing necessary court orders – To guarantee the truck is not altered and to retain the driver’s log and other data, we can secure a court order so the experts we hire for your case can conduct their comprehensive inspection of all available evidence.
- Hiring an accident reconstructionist – Depending on the accident’s severity, we may hire an accident reconstructionist to provide insight into how the accident occurred to support your case further. Their work may include an inspection of the truck and its mechanical components, such as its brake system. Accident reconstruction for truck collisions is critical to the investigation and case preparation.
Importance of Prompt Investigations into Truck Crashes
Because the injuries and losses sustained in truck accidents are often severe and life-altering, initiating an investigation immediately after an accident is critical so crucial evidence is not lost. The trucking company’s insurer may arrive at the accident scene to conduct their investigation with the goal of limiting their exposure. That is why we have our own emergency response team to build your case. You cannot rely on the insurer’s investigation alone because the insurance company cares about their bottom line, not your needs.
Although the parties may exchange information and findings down the road, we will conduct our own investigation and retain an expert to provide us with a report about the accident’s causes and refute the insurer’s expert report.
Evidence-Gathering Protocols in Indiana Truck Accident Cases
Gathering evidence for truck accident claims often occurs in stages. The first step is usually to obtain any information we can at the scene, engage experts to analyze the data, and then seek additional legal support, if necessary, to establish the at-fault party’s liability.
Capturing evidence at the scene is essential. Obtaining statements from eyewitnesses who saw the accident can help establish the truck driver’s liability. Interviewing these witnesses shortly after the crash and recording their observations while fresh in their minds and close in time to the accident can ensure their accuracy and the witnesses’ credibility if the case goes to trial.
Interviewing law enforcement at the scene may also benefit your case, especially if there were no eyewitnesses to the accident. Police typically respond to accident scenes within minutes to assist those injured and begin their investigation. They will photograph the site, inspect the vehicles, and take measurements as they determine the cause of the accident. By speaking to law enforcement at the scene, you may record their impressions that are not documented in their crash report.
After conducting the preliminary investigation, we may engage a mechanical expert to examine the truck’s brakes, steering, and other mechanical components to determine whether equipment failure contributed to the crash. Data from the truck’s black box could reveal the vehicle’s speed and braking activity before the accident.
If further information or documentation is needed after the accident, we will obtain those records. For example, we may need surveillance footage from a local business that captured the accident or traffic camera footage. To support your injury claim for compensation related to your injuries and financial losses, we will obtain all medical records, medical bills, and documentation of lost wages.
Evidence You Need to Win Your Truck Accident Case
In a truck accident case, the truck’s electronic logging devices often contain valuable information that could help with establishing liability on the part of the truck driver, the trucking carriers, and other potentially liable parties. As such, gathering the following forms of solid evidence can be crucial to a truck accident case:
- Black box data and information from event data recorders
- In-cab camera videos and dashcam videos
- The truck driver’s logbooks
- Truck maintenance records and inspection records
- Trucker’s personnel records and driving records
- Cell phone records and mobile phone data
- Results from alcohol and drug tests
- Information from the police report
How to Preserve Evidence After a Truck Accident
Truck collision evidence preservation can significantly increase the chances of a successful case and a favorable outcome. After evidence is collected, we will ensure it is preserved correctly. We will send litigation hold letters to the trucking company and its insurers to ensure they maintain the evidence and do not destroy it.
In Indiana, if a defendant destroys evidence after receiving a litigation hold letter, a jury may infer the destroyed evidence was unfavorable to the party that destroyed it. We will request that the trucking and insurance companies preserve all evidence related to the truck and the accident, including the black box data, cell phone records, personnel records, and logbooks.
Key Steps in Truck Accident Scene Analysis
Legal investigations of trucking accidents should be conducted by an experienced trucking lawyer with access to the necessary accident reconstruction experts who can support your case. Initiating an investigation immediately after the accident to preserve necessary evidence is crucial. Depending on your situation, accident reconstructionist experts may be called to mine data from the crash scene or vehicles involved to assist them in determining liability.
Contact Our Indiana Truck Accident Lawyers for Help Now
At Craig, Kelley & Faultless LLC, we are dedicated to gathering and preserving crucial evidence to prove fault in truck accident cases. We are ready to work diligently to obtain the evidence needed to prove the truck driver’s liability so you can seek maximum compensation for all your losses.
Contact us today for a free consultation with an experienced truck accident attorney.