Due to the nature of their size, accidents involving trucks can be devastating. They tend to lead to more severe injuries, property damage, and even loss of life. When these horrible accidents occur, a thorough investigation must be conducted to determine the cause and establish who is liable for it. Gathering and analyzing evidence plays a critical role in building a solid case for trucking accident victims. We will review the vital pieces of evidence our firm looks for in trucking accidents and how we utilize them to construct a compelling legal argument and case.
The Importance of Prompt Investigation
Trucking accidents often result in considerable damage and are highly complex because so many different parties are involved. Those who are involved in trucking accidents often include:
Truck driver
Trucking company
Third-party vehicles
If you have been involved in a trucking accident, time is of the essence. Conducting a prompt investigation is crucial to ensure that all evidence is preserved before it's lost, destroyed, or can no longer be examined. Critical evidence can disappear or become compromised with each passing day. So, to ensure that your legal team can build the strongest case for you, contact a lawyer immediately following an accident, and they will get straight to work.
Evidence in Trucking Accident Investigations
Accident Scene Examination
Investigating officers and accident reconstruction experts thoroughly examine the accident scene to gather vital information. This includes taking photographs, measurements, and sketches to document the conditions, road markings, debris patterns, and other factors that may have contributed to the accident.
Vehicle Inspection
Detailed inspection of the involved vehicles is essential to identify any mechanical failures, defects, or maintenance issues. Legal investigators will examine the trucks:
Brakes
Tires
Lights
Steering components
Other relevant parts
Gathering data from the truck's onboard electronic systems, such as the event data recorder (EDR) or electronic control module (ECM), provides valuable insights into the truck's speed, braking, and other operational parameters before the accident.
Driver Records and Interviews
Investigators thoroughly examine the truck driver's records, including their driving history, hours of service logs, and compliance with federal regulations. Interviews with the driver and witnesses are conducted to gather additional information and testimonies about the events leading up to the accident. This step is generally to determine whether or not driver fatigue was the cause of the accident.
Company Policies and Practices
Investigators analyze the trucking company's policies and practices to determine if they adhere to industry standards and federal regulations. This includes evaluating hiring procedures, training protocols, vehicle maintenance records, and compliance with hours-of-service laws. Any negligence or non-compliance discovered can significantly impact the trucking company's liability.
Building a Strong Case
At Wojcik Law, we are dedicated to our clients and ensure we do whatever it takes to get victims of trucking accidents the compensations that they deserve! Once we have all the evidence we need collected, we will utilize it to effectively build a strong case. Here is how we use the evidence that we gather:
Establishing Liability
We utilize this evidence to establish who was at fault by demonstrating negligence on the part of the truck driver, trucking company, or any other parties involved. We aim to present evidence of the following:
Speeding
Driver fatigue
Distracted driving
Inadequate maintenance
Unsafe driving conditions
Among other violations of regulations or industry standards
Demonstrating Damages
Gathering evidence also is extremely crucial for the fact that we need to demonstrate the extent of damages that the victims have suffered. This includes medical records, expert opinions on injuries, the probability of long-term care following the accident, and any other documentation that helps represent the accident's physical, emotional, and financial impact on the victims' lives.
Negotiation and Litigation
By gathering evidence, we will strengthen the position that we are in to negotiate and provide a robust basis for reaching a settlement. Many insurance companies want to do whatever they can to pay the absolute minimum. Sometimes, a fair settlement cannot be reached; in those cases, the evidence will serve as the foundation for litigation in a courtroom. The proof will then be presented in court, supporting the victims' claims, which in turn helps them in seeking justice and compensation for the at-fault party's negligence.
Expert Testimony
One of the most vital parts of any compensation claim is by providing expert testimony from professionals. These may include:
Accident reconstruction experts
Medical professionals
Industry specialists
Providing testimony based on their expertise helps the court and jury understand the technical aspects and impact of the accident.
Building a Persuasive Narrative
Our legal team will combine the evidence and the expert analysis, allowing us to craft a compelling narrative to present to the court or jury. Our narrative will connect all of the dots, showing how negligence, non-compliance, and other factors led to the accident and the damages that the victim has endured. All of this will craft a compelling argument for the victims, providing a strong case.
What Should You Do If You Were The Victim of a Trucking Accident?
If you were the unfortunate victim of a trucking accident, the first thing you should do is get immediate medical attention. Due to the seriousness of these types of accidents, you may have sustained great injuries. If you can, collect photos, witness testimonies, and police reports. Contact an expert law firm like Wojcik Law as soon as you can. Our legal team will do everything in our power to collect evidence and build a winnable case, getting you the compensation you deserve.
One important note is to avoid negligent parties, insurance companies, or legal teams. They aim to pay as little as possible and make the whole problem go away with minimal impact on them. Speak with your lawyer and legal team for expert advice and for help negotiating a settlement that provides you with compensation that covers all current and future medical costs, property damage, and negative emotional effects. If you have been the victim of a trucking accident, contact Wojcik Law immediately!