When you decide to file a truck accident claim or lawsuit, one of your next priorities should be to begin collecting evidence in support of your claim. If you delay this vital step, the evidence you might have been able to gather might be lost or destroyed, making it difficult for you to substantiate your claim. This situation can be incredibly overwhelming and you might not know where to start. To help navigate you through this process, you should hire an experienced personal injury attorney who will advise you and answer any questions you might have. It is also wise to educate yourself on how you can play an active role in your own case.
Types of Evidence
Unlike other motor vehicle accidents, multiple parties can be held liable for the injuries you sustain, including the trucking company, the loading company, or the parts manufacturer. For example, there might have been a failure to perform routine maintenance on a truck, cargo might have been overloaded, or the company employed a truck driver who was texting and driving. Any evidence that can prove one or more parties were responsible for the accident should be collected early on.
Some of the evidence you and your attorney should include:
- The police officer’s accident report
- The truck driver’s log books, which can show if he or she exceeded the maximum allowable driving hours
- The truck driver’s phone records, which can prove if he or she was using a phone at the time of the accident
- The truck driver’s work history, including qualifications and training
- Truck inspection reports
- Dispatch instructions
- Reports of weigh stations, loading docks, and weigh tickets
- Maintenance schedules, records, and reports
- Post-collision drug and alcohol test results
In some cases, determining fault might be difficult, so you also need evidence to demonstrate the other party’s fault. This might include:
- Witness reports, if applicable
- Traffic camera footage
- Photos of the accident scene
- Expert witness testimony
Trucking companies are legally required to keep records for a short period of time, after which they will likely be gone forever. According to Federal Motor Carrier Safety regulations, these records only need to be preserved for 6 months. As such, it is important to preserve the evidence and take proper measures to ensure it is not discarded. Have your attorney draft a letter of spoliation. It will tell the trucking company that it is now required to preserve any evidence that might be relevant to your claim.
Truck Accident Lawyer in Greenville
If you or someone you love was involved in a trucking accident and sustained severe injuries, now is the time to obtain skilled legal representation to ensure you receive the just compensation you need and deserve. At Harris Law Firm, PLLC, we understand federal trucking laws and the state rules of the road in both Mississippi and Arkansas. Our Greenville legal team relentlessly prosecutes each case we take on, holding perpetrators of negligent and reckless truck accidents accountable for their actions.
After suffering injuries in a traumatic accident, filing a personal injury claim might not seem that critical, but as the medical costs and bills mount, you will need help to cover these costs. Do not pay for someone else’s mistakes. If you are worried about legal fees, Harris Law Firm, PLLC operates on a contingency fee basis, which means you will not owe us any legal fees until we obtain monetary compensation on your behalf.