Truck Accident Legal Claims
Traffic collisions always have the potential to cause major property damage, injuries, and even death. When one of the vehicles involved is a large commercial truck or big rig, the potential for catastrophic consequences is higher given the weight and mass involved with the impact.
Drivers and passengers in standard size vehicles are particularly vulnerable to severe injuries, simply because their vehicle will take the brunt of the violent impact. Even a full-sized SUV is no match for an 18-wheeler.
Many times, big rig accidents are caused by the truck driver’s negligence. When that is the case, those injured in the passenger vehicle have the right to pursue legal action against the driver and the company for which he or she works. Depending on the circumstances of the incident, there is the potential for significant financial recovery in truck accident cases. Some of the economic damages for which you may be reimbursed include vehicle repair, medical expenses, and loss of income. Personal injury claimants are also entitled to payment for their pain and suffering.
Important Evidence in Truck Accident Cases
There are some key pieces of evidence that can be especially helpful in personal injury truck accident cases. We outline three types of evidence below, however, the circumstances of each case are different. Not every type of evidence listed below will be available in all cases, and in some matters, there are additional kinds of evidence that may make or break the case. The three listed below are general guidelines.
Photographs and/or Video Footage from the Scene
It is always important to take pictures or video (or have someone else if you are incapacitated) at the scene of an accident. With our mobile phone capabilities, it is much easier to complete this task than it once was. Things that are important to capture:
- All involved vehicles
- Any visible injuries
- Details of the scene like broken glass in the road and skid marks
- How and where each involved vehicle came to rest
- Street signs and any traffic control devices nearby
Highway Patrol / Police Report
More and more, police officers and highway patrol choose not to come to the scene of a traffic accident, especially those that are minor and involve minimal or no injuries. However, they will often respond to a collision involving a big rig, since the potential for damage is greater, and many times such accidents result in traffic problems. If an officer responds to the scene, a collision report will be made. That report will be an important piece of evidence in your case. It will have the name of the driver, as well as the company for which he or she works. It will also have other important details and most of the time the report will conclude with a finding of fault.
Electronic Data From the Truck
Commercial big rigs are usually equipped with black boxes (event data recorders), which record several elements of the truck’s travel including its speed, whether airbags deployed, and when the brakes were applied. The data from the black box can be monumentally important in figuring out what happened in the minutes and seconds leading up to the collision.
Most commercial carriers also employ dashcams in their trucks, as well. The footage from the dashcam could document the entire event.
The truck’s data belongs to the trucking company and they have no obligation to preserve it. That is why it is important to talk with an experienced truck accident lawyer so they can formally request that the evidence is preserved. It may be necessary to file a lawsuit and issue a subpoena to the trucking company in order to obtain the data owned by the company.
Watch the YouTube video. The clip below gives you a few things to consider when looking for an accident attorney.
Sacramento Truck Accident Lawyer
Thank you for reading. I’m Ed Smith, a truck accident lawyer in Sacramento, California. If you have been injured in an accident involving a negligent commercial truck driver, call our office for free and friendly advice. We can be reached at (916) 921-6400 within the local area, or if you are calling from another area code, use our toll-free line: (800) 404-5400. You may prefer to reach one of our injury lawyers by completing our online contact form.
Photo Attribution: https://pixabay.com/illustrations/detective-sleuth-british-detective-4088742/
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