Victims of truck accidents face a long road to recovery, often with medical losses, chronic pain, and emotional trauma to deal with as they navigate their recovery. It can be overwhelming to know that you also need to prove your losses to the insurance company. It is up to you to find evidence to document what happened and who is at fault.
Knowing what evidence may be available to help you is a good place to start. By working with a Philadelphia tractor trailer accident lawyer, you will get more of the hands-on support you need throughout this process. You and your attorney will work to find any evidence that demonstrates fault or losses for you.
Common Types of Evidence That Prove Negligence
To prove negligence, you need to first consider all parties that could be responsible. That includes the truck driver, the trucking company employing them, the manufacturer of the vehicle, and even third parties. Take a look at some of the evidence that is out there, as well as what that evidence may help to demonstrate.
Accident Scene Evidence
After a tractor trailer strikes a vehicle, there is likely to be a significant amount of physical evidence at the scene of the accident that can tell the story of what occurred. Most of the time, the police at the scene, as well as Department of Transportation officials, will investigate the accident to determine what occurred.
Still, when it is safe for you to do so, gather all evidence possible from the scene. That includes photos and videos of the area, including any damage to your vehicle or the truck. Your attorney will verify the details of the accident gathered by the police officer reporting to the scene as well.
Witness Statements
Witnesses who saw what occurred are an invaluable resource in these accidents. They can often provide information about what happened before, during, or after the accident that could shed light on legal responsibility. Witnesses may be able to say they saw the truck driver swerving or speeding. They may be able to state what happened to cause the accident, such as the truck driver following the other driver too closely.
Witness statements are often gathered by the police. However, it can be wise to obtain the contact information from witnesses so that your attorney can use this information later to build your case. Ask for witness contact information at the time of the accident whenever possible.
Expert Accident Insight
Experts can be called in to offer insight into what occurred. This is often done after the initial investigation as a way to demonstrate what occurred and why. For example, if you suspect the tires on a truck failed because of an inferior part, these accident experts may go to work building your case to demonstrate what happened.
They can also recreate the accident, which can demonstrate what occurred clearly. By working backward with evidence from the scene, accident reconstruction can make it clear who is responsible.
Vehicle Maintenance Logs
Trucks need consistent maintenance and upkeep. When this does not happen, it puts other drivers at risk because the truck can break down, become impossible to steer, and even suffer serious damage if a fire breaks out. Cargo may spill onto the road. There are countless complications that can occur when the truck is not properly maintained by the owner.
Vehicle maintenance logs will demonstrate what type of work was done when it was done, the number of miles driven, and whether the vehicle was visually inspected. Your tractor trailer attorney will have ample insight into how to recover these logs under the law.
Electronic Data
Yet another excellent resource for proving what occurred is the use of electronic logging devices or ELDs. These devices are tools trucking companies use to monitor their drivers. It allows for careful monitoring of specific factors that could explain accidents. Some of that information may include:
- Driver braking patterns, or the absence of them
- Onboard records may capture vehicle speed right before the accident
- Driver activity, such as talking on the phone or eating while driving
The data from these tools helps your truck accident lawyer to get a better understanding of what happened and works as hard proof of what that is. This evidence is hard to refute when it is available. After all, it can prove the truck driver was serving or speeding right before the accident, making it clear who caused the accident.
Schedule a Free Consultation with Our Attorneys to Learn More
When you are ready to fight for fair compensation, put your case in the hands of our Philadelphia tractor trailer accident lawyers. At Kwartler Manus, we have the experience and dedication to help our clients recover full and fair compensation for all of their losses. Call our office for a free consultation.