Truck accidents are quite different from the standard passenger car to passenger car crashes because of the massive weight and size of the trucks involved. These accidents generally cause more serious injuries and often result in death. In addition, federal regulations governing truck drivers and trucking companies apply to legal action stemming from these accidents. If you suffered an injury in an accident resulting from the negligence of the trucker or trucking company, you will need to demonstrate the at-fault party’s negligence in order to effectively pursue compensation.
In order to do this effectively, you will need to present evidence that shows you were not at fault for the accident, but the trucker was. Some of this evidence may be gathered from the following sources:
Evidence recorded from a truck camera may show that the trucker was engaged in distracted driving activities such as using a cell phone, texting, or eating and drinking. Other reckless behaviors of the driver may also be revealed through video footage. It is important to hire an attorney quickly who can send the trucking company is poor relation letter, preventing the taping-over or destruction of this footage.
Black box recorders
If a black box recorder is carried by a truck, the recording may reveal the truck’s speed, fuel consumption, and braking activities, in addition to the identification of the driver. These boxes may also record the number of hours the trucker was driving which can establish whether the trucker violated FMCSA hours of service regulations. The recorder can also provide information on whether an airbag was deployed in the timing between impacts.
Truckers are required to maintain a detailed log of their resting and driving hours in addition to their pre-and post-trip truck inspections. An examination of these laws should be made to determine if the trucker was driving a truck with maintenance problems or the trucker was driving for too many hours without a break.
Alcohol and drug screening results
Truckers must submit to alcohol and drug screening after a truck accident that resulted in any person’s injury or death, per FMSCA regulations. These screening results could reveal whether the truck driver was drowsy or intoxicated at the time of the accident.
Accident reconstruction expert
An accident reconstruction expert may be required to resolve questions of liability. This professional can utilize information such as police recordings, pictures, black box recordings, and other viable information your attorney secures to help re-create the crash incident and demonstrate that the truck driver was at-fault.
Trucking company internal records
Trucking carriers are required to retain a number of records pertaining to the condition of the truck and truck driver. Some of these records include maintenance records, inspection records, accident history records, the trucker’s driving record, training procedures, and the trucker’s medical certification. This information could reveal whether the trucking company was also at fault for negligently retaining or hiring the trucker.
Third-party witnesses to the accident may offer testimony that corroborates your story of what happened. These witnesses can provide powerful evidence on your behalf, particularly if they have no relationship with you as a neutral party.
If you have sustained injuries in a truck accident, our Chattanooga truck accident attorneys at Wagner & Wagner, Attorneys at Law understand what it takes to help you obtain the compensation you deserve for your losses. We know what documents and evidence are required to establish the negligence of the truck driver and/or trucking company in your case. To set up a free consultation, call us today at 423.756.7923 or complete our contact form. We offer our services throughout Chattanooga, Cleveland, TN, North Georgia, and the surrounding areas.