Evidence in Truck Accident Lawsuits
The impact of a huge commercial vehicle striking a passenger car may cause physical, emotional, and financial harm. A victim can pursue a broad range of damages after a truck accident, but they will need to prove liability. This involves presenting evidence that shows the fault of a defendant. In most cases, a victim must prove that the defendant failed to use reasonable care under the circumstances, which means that they were “negligent” in legal terms. Once they have established liability, a victim will need to present evidence that illustrates the scope of their damages.
Proving Liability for a Truck Accident
Many types of evidence come in tangible forms, such as documents and photos. The police report from the accident may help identify problems that caused the accident, such as dangerous behaviors by the truck driver or a malfunction in the truck. A victim should get a copy of the police report, as well as any report on the condition of the truck by a certified inspector assisting the police. Photos of the vehicles involved in the accident, injuries sustained by the victim, and skid marks or debris on the road also can help prove liability.
Trucks may contain devices known as event data recorders, which contain information about the operation of the truck. These “black boxes” may provide evidence that a driver has violated the regulations governing the trucking industry. For example, they may have been excessively fatigued because they stayed behind the wheel for longer than hours of service rules permit. An attorney assisting a victim may send a spoliation of evidence letter to the trucking company, demanding that it preserve black box data and other records related to the accident, such as:
- Drug and alcohol testing of the driver
- The safety record of the driver
- The license and qualifications of the driver
- Inspections of the truck
- Dispatch instructions to the driver
- Weigh station reports and documentation related to loading the truck
A victim should get the contact information of any eyewitnesses to the accident if possible. They can try to collect written or video statements from these witnesses about their impressions of the events leading to the crash. Witnesses can testify at trial if needed, and their statements may be useful in settlement negotiations to show defendants or insurers that they are unlikely to avoid liability.
Proving Damages Sustained in a Truck Accident
Substantiating damages may involve introducing other forms of evidence. If a victim missed time from work due to their injuries, they can present pay stubs to prove their lost wages. Similarly, they can present medical records and bills for their treatment, including hospital stays, doctor’s visits, surgeries, therapies, tests, and medications. Medical witnesses can describe the future prognosis for any ongoing conditions, while vocational experts can discuss the impact of a disability on the earning potential of a victim. Photos of a damaged or destroyed vehicle or personal property can support property damage claims.
Proving non-economic damages may require introducing testimony from people who know the victim closely. If their relationships with their spouse and other family members have suffered, those people can explain how the accident has changed their loved one. If a victim can no longer participate in activities that were important to them, they can ask friends who participated in those activities with them to testify about their lost enjoyment of life. A counselor or therapist can provide a professional opinion regarding the emotional impact of the accident on the victim. Photos and videos of their activities before and after the accident may help illustrate any changes.
