What Evidence Does My Lawyer Need to Prove Truck Accident Negligence?

Since a truck accident can have multiple liable parties, proving negligence is how a Maryland truck accident lawyer assigns financial liability after the collision. The evidence your lawyer needs to prove trucking accident negligence can vary from accident to accident. Some evidence, though, is frequently part of most truck accident claims.

Commonly collected evidence can include a copy of your police report and the report of an accident scene reconstructionist. Evidence can also include medical expenses and records, statements from any available witnesses, and photos and video footage. The law firm that represents you will handle evidence collection for you. Their involvement can allow you to focus on your recovery while they build your case and fight for a fair settlement from the insurance companies.

The Importance of Evidence in Your Truck Accident Case

The majority of truck accident claims are resolved without going to court. This resolution typically happens because the weight of the evidence often indicates negligence on the side of the truck. In a truck accident case, negligence could be assigned to one or more parties, depending upon the cause of the accident. Such liable parties could include:

• The truck driver
• The trucking company
• Truck manufacturer
• Parts manufacturer
• Cargo loader

The at-fault party is determined by the four elements of negligence: duty of care, breach of duty, causation, and damages. Furthermore, whoever that party is could influence the kind of evidence that supports your right to recover damages. A personal injury lawyer can explain the evidence they collect and its role in pursuing appropriate compensation for you. 

Below are examples of the common types of evidence a truck accident lawyer would collect to build a personal injury claim for compensation. 

Police Report Is a Key Component to a Truck Accident Claim

Probably the most important piece of evidence in any accident, your personal injury attorney will obtain an official copy of your police report immediately. It will contain necessary details and information about the accident, including:

• Contact details for the driver, their employer, and any witnesses
• Identifying information for the truck and your vehicle
• Contact information and statements from accident witnesses
• Notes and diagrams from the original investigating officer(s)

The police report might also note any readily available injuries. It will cite points of impact, paint transfer, and all damage to each vehicle. Finally, it will state the driver’s condition and the presence of any distractions.

Witness Statements Provide an Alternate View of the Accident

Statements from passersby or occupants of adjacent vehicles can help your case. These statements can carry a substantial amount of weight because they are objective.

Eyewitness accounts also provide details of the accident from a variety of perspectives. They can also have information from before, during, and after the crash that may prove valuable.

Expert Witness Statements Can Clarify Events

Truck accidents have been studied for decades. The experts who study accidents today can help your legal team identify common causes and understand your accident’s specific causes.

Medical Records Can Validate the Truck Accident’s Impact on Your Life

Your truck accident lawyer will request your medical records and may continue to request them throughout your recovery. They will contain details about the cause of your injuries. They may also include details about points of impact on your person that correspond to points of impact on your vehicle.

Your medical records will also help substantiate the financial portion of your case. They will prove the immediate and ongoing costs of your prescribed treatment plan. Your written prognosis will also be part of your medical records. It will prove the value of your future medical care and substantiate the income your injuries force you to miss.

Vehicle Inspections Tell Us the Condition of the Truck

Your legal team and any expert witnesses and accident reconstruction experts they consult can help decipher vehicle inspection records. For example, if the commercial truck involved in your accident was faulty, any manufacturing or repair defects can be uncovered in this process.

Physical and other evidence of flawed or faulty vehicles or parts can be difficult to find on your own. Your legal team will explain how they obtain this evidence and its importance in your case.

Black Box Data Can Provide Details at the Time of the Accident

Modern trucks are often equipped with a black box recording device. They typically record the speed, direction, and general operation. It can contain valuable information your attorney can use to assign negligence and financial liability. However, the steps involved in obtaining this data are complicated. If the truck involved in your accident was equipped with this technology, your legal team would request its data on your behalf.

Photos and Video Footage Can Give Definitive Proof of Negligence

Photos and videos can tell the story of your accident in detail. If your injuries are severe enough, they can even capture details and moments you might have overlooked or forgotten.

Your lawyer can obtain photos and videos from:

• Dashcam footage
• Residential surveillance footage
• Commercial surveillance footage
• Security camera footage

Your lawyer’s investigation can include canvassing the truck accident scene and surrounding area for available photos and videos.

Time Could Be Running Out on the Evidence in Your Case

You should also be aware that the evidence in your case could be lost if you fail to act promptly. The accident scene could be swept clean, videos could be erased, records could be destroyed, and memories could fade. Plus, personal injury cases are subject to a statute of limitations. Per Md. Cts. & Jud. Proc. Code § 5-101, you generally have three years to build a case and file a personal injury lawsuit. 

Contacting an attorney sooner rather than later gives your attorney the time to investigate and build a strong case for compensation. 

Contact a Truck Accident Attorney Today for Help With Your Case

When our law firm handles your personal injury claim, we collect the types of evidence needed to prove negligence. We also fight hard for the compensation truck accident victims deserve and provide all-around client support. 

If you or someone you love was injured in a collision with a large truck, we could help. Call Adam M. Smallow at (410) 777-8960 for a free review of your case today.