After a collision with a large commercial truck, you need to collect the official accident report, your medical records, and proof of all financial losses. A truck accident lawyer helps you gather evidence specific to the trucking industry, like the truck's electronic data recorder.
Securing the right information helps form the foundation of your personal injury claim. A lawyer uses the information you’ve gathered and evidence from their own investigation to establish who was at fault and the full extent of your damages.
Key Takeaways
- Driver qualification files, maintenance logs, and witness statements all bolster your claim.
- Documenting your injuries and financial losses is a continuous process that begins the day of the accident and continues throughout your recovery.
- Witness testimony and video footage from sources like traffic cameras or nearby businesses can provide an impartial account of the collision.
- Trucking companies aren’t required to hold onto certain types of data, such as the truck's electronic data.
- A personal injury lawyer uses legal tools to secure information that the trucking company holds.
5 Steps You Can Take at Home to Secure Evidence After a Truck Accident
You can take productive steps from home to lay the groundwork for your case. The information you organize now provides your attorney with a strong starting point.
These initial actions help you get control of your situation:
- Organize Your Documents: Create a dedicated folder, physical or digital, for all accident-related paperwork. This includes any information you received from law enforcement at the scene, the other driver's information, and any correspondence from insurance companies.
- Start a Recovery Journal: Document your daily experience during your recovery. Make notes about your pain levels, the physical challenges you face, and any activities you can no longer do. This journal becomes a powerful tool for demonstrating the day-to-day impact of your injuries.
- Document Your Financial Losses: Keep every receipt and bill related to the accident, including medical co-pays, prescription costs, and even mileage for trips to your doctor's appointments. If you miss work, record the days and ask your employer for a statement of your lost wages.
- Preserve Your Vehicle: Don’t have your vehicle repaired or scrapped until your legal team can inspect it. The damage to your car can help an accident reconstructionist determine how the crash occurred. Tell the tow yard or repair shop not to allow anyone to access it without your permission.
- Contact a Truck Accident Attorney: An attorney can guide you on the next steps and take over the complex task of formally demanding evidence from the trucking company. They understand the legal deadlines and procedures required. Getting legal advice early protects your claim.
Uncovering Official Reports and Records After a Truck Accident
While your personal documentation is valuable, your claim also depends on official records from various sources. A lawyer helps obtain these documents, which often form the factual basis of your case.
The Official Police Accident Report
The police report is a primary document in any truck accident case. It contains the responding officer's initial observations, scene diagrams, witness information, and sometimes a preliminary finding of fault.
You can typically request a copy of the report from the law enforcement agency that responded to the crash a few days after the incident; some precincts have an online request option.
Your Complete Medical Records
Your medical records are the primary evidence of your injuries, so you must request all documentation related to your treatment following the accident. Your lawyer uses these files to connect your injuries directly to the collision.
Common examples include:
- Emergency Room Reports: These records document your condition immediately after the crash.
- Physician's Notes: Your doctor's notes detail your diagnosis, treatment plan, and prognosis for recovery.
- Test Results: This includes all imaging scans, like X-rays or MRIs, and the results of any other diagnostic tests.
- Therapy Records: If you require physical or occupational therapy, these notes show your progress and the functional limitations you face.
Employment and Wage Loss Information
If the accident caused you to miss work, you need official documentation from your employer. This proof is necessary to recover your lost income. Simply telling the insurance company you missed work isn’t enough.
Ask your employer for a letter detailing your job title, pay rate, and the specific dates you couldn’t work due to your injuries. Your attorney can use your past pay stubs and tax returns to project future lost earning capacity if you cannot return to your previous job.
Evidence Unique to Commercial Truck Accidents
Collisions involving large trucks require a deeper investigation into evidence that doesn't exist in a standard car wreck. The Federal Motor Carrier Safety Administration (FMCSA) heavily regulates the trucking industry.
The Truck's Black Box and Electronic Logging Device
Most modern commercial trucks have an event data recorder (EDR), often called a black box, and an electronic logging device (ELD). The EDR captures technical data before, during, and after a crash, such as vehicle speed, braking, and steering inputs.
The ELD tracks the driver's service hours to ensure they comply with federal rules designed to prevent drowsy driving.
This electronic data is invaluable for proving what happened. However, trucking companies aren’t required to save this data indefinitely.
An attorney can send a formal spoliation or preservation of evidence letter to the trucking company, which legally requires them to save and turn over this electronic information.
Truck Driver's Records and Qualifications
A trucking company has a responsibility to hire safe and qualified drivers. Your lawyer can request the driver's complete qualification file. This file contains the driver's employment history, driving record, training certificates, and records of drug and alcohol testing.
If the investigation shows the company hired a driver with a history of reckless driving or failed to provide proper training, the company itself may be held negligent. This is separate from the driver's actions at the time of the crash.
A thorough review of these files helps determine if systemic company failures contributed to the accident.
Trucking Company Maintenance and Inspection Logs
The trucking company must maintain its vehicles in a safe operating condition. Federal regulations require regular inspections and detailed maintenance logs for every tractor and trailer. A mechanical failure, such as bad brakes or a tire blowout, can easily cause a devastating accident.
Your legal team can demand access to the truck's full maintenance history. If the records show skipped inspections or a failure to repair known defects, the trucking company can be held liable for the crash.
The Power of Visual and Witness Evidence in Truck Accident Claims
Objective views, whether from eyewitness accounts or camera recordings, are often the most persuasive forms of evidence in a claim, as they provide a clear visual record of events.
Photographic and video evidence helps:
- Demonstrate Fault: Outside of capturing the actual crash on video, pictures of vehicle positions, skid marks, and road debris help an expert reconstruct the sequence of events.
- Show Severity: The extent of damage to the vehicles can illustrate the force of the impact, which often correlates to the severity of your injuries.
- Document Injuries: Photographs of your injuries over time create a visual timeline of your recovery process for an insurance adjuster or jury.
The Role of Witness Testimony
Independent witnesses who saw the accident may provide impartial accounts that support your version of events. A witness statement can confirm critical facts, such as which vehicle had the right of way or if the truck driver was speeding or driving erratically.
Experienced personal injury lawyers know how to find witnesses and ask the right questions to get a clear and useful account.
Finding Video Footage From Nearby Sources
In many areas, cameras are everywhere. Video footage of the accident may exist even if you’re unaware. A legal investigator can canvass the area around the crash site to look for potential video sources.
Possible sources include:
- Traffic Cameras: Many urban intersections have cameras that monitor traffic flow.
- Business Security Cameras: A nearby storefront, gas station, or office building may have a security camera that recorded the collision.
- Doorbell Cameras: In residential areas, home doorbell cameras frequently capture activity on the street.
Like electronic truck data, this video footage often gets deleted after a short period. You need to act fast to request to save this footage.
Linking Evidence With Your Damages To Recover Compensation
After a serious truck accident, your claim aims to recover payment for the full range of impacts on your life. This includes both the clear financial costs and the more personal, non-financial harms. Your truck accident lawyer uses evidence to create an argument for your damages.
You can pursue compensation for a wide variety of damages, including:
- Medical Costs: This covers all past, present, and future medical care, including bills from hospitals, ambulance services, doctors, surgeons, physical therapists, and pharmacies.
- Lost Income: You may recover the wages you lost while unable to work and for any diminished future earning capacity if your injuries prevent you from returning to your former job.
- Vehicle and Property Damage: This provides for the cost of repairing your vehicle or its full replacement value if it was declared a total loss.
- Related Out-of-Pocket Expenses: You may seek reimbursement for costs you incurred because of the accident, such as transportation to medical appointments or necessary in-home help during your recovery.
- Physical Pain and Suffering: This compensates you for the physical pain, discomfort, and limitations you experience as a result of your injuries.
- Emotional Distress: This part of your claim addresses the mental and emotional impact of the accident, such as anxiety, stress, or other psychological harm.
- Loss of Enjoyment of Life: This compensates you for the accident’s impact on your ability to participate in hobbies, recreational activities, and other life pursuits you previously enjoyed.
FAQ for What Evidence Should I Collect After a Truck Accident?
What if I Didn’t Take Photos at the Accident Scene?
Many people cannot take photos at the scene due to their injuries or the stress of the situation. You can still take detailed photos of the damage to your vehicle at the tow yard. You should also take pictures of your visible injuries at home to document the healing process.
Your lawyer will use the pictures that you do have with other forms of evidence to create a claim for compensation.
How Do I Get the Black Box Data From the Commercial Truck?
You almost always need an attorney to get the black box data. A lawyer sends a formal preservation of evidence letter to the trucking company. This letter creates a legal duty for the company to download and save the data before it’s erased or overwritten.
Why Is a Police Report Not Enough Evidence on Its Own?
A police report is an important document, but it's not the final word. The report may contain errors, or the officer may not have had all the facts when they wrote it. Additionally, the report doesn't contain other critical information, like the truck's maintenance history or the driver's training records.
What Is the Most Important Evidence I Should Collect After a Truck Accident?
While every piece of evidence matters, the most vital evidence is often that which can be lost or destroyed quickly. This makes the truck's electronic data from its black box and the driver's electronic logs extremely important to secure right away.
This evidence is extremely challenging to retrieve without the help of a lawyer.
How Does My Attorney Prove My Injuries Are From the Truck Wreck?
Your personal injury attorney proves your injuries are a direct result of the wreck through consistent medical documentation. Seeking medical attention right away creates a clear record that links your injuries to the accident date.
Following your doctor's treatment plan and attending all follow-up appointments strengthens this connection and demonstrates the severity of your injuries. Your lawyer pieces together the medical documentation to tell your story.
Why Do I Need a Truck Accident Lawyer?
Trucking companies and their insurers have teams that begin investigating immediately to protect their interests. A truck accident attorney works on your behalf to gather the facts, challenge unfair narratives, and pursue a favorable resolution.
Truck accident claims are far more complex than typical car wreck cases. An attorney knows how to uncover federal and state safety violations that prove negligence. They help you obtain evidence that is difficult to collect on your own.
A lawyer also investigates all possible sources of liability, which can extend beyond the driver to the trucking company, a maintenance provider, or even the cargo loader.
Let Us Handle the Fight
You don’t have to figure out the complex evidence collection process alone. Your focus should be on your physical and emotional recovery. Let a dedicated team of legal professionals handle the investigation and fight for you.
At Richard Schwartz & Associates, we have the resources to take on large trucking companies and their insurers. We act quickly to preserve all evidence and build the strongest case possible for you. Call us today at (601) 800-5559 for a free consultation. After a truck accident, evidence is key. Learn what records, reports, and data to collect to strengthen your injury claim.