Obtaining evidence in trucking collision cases is a key part of the legal process, but it is also a proactive and strategic maneuver that can boost an individual’s chances of gaining compensation. By understanding the significance of preserving evidence, trucking accident victims can build solid legal claims, potentially improving the prospect of a favorable outcome. Read about the importance of keeping truck accident evidence, and discover how an experienced Vermont personal injury attorney from Shillen Mackall Seldon & Spicer can help with trucking accident legal claims; call our firm today at (802) 457-4848.
What Is a Truck Accident?
Trucking accidents refer to collisions involving trucks and other vehicles, stationary objects, animals, or pedestrians. Per the Insurance Institute for Highway Safety (IIHS), more than 4,700 large truck collision-related fatalities occurred in 2021 in the United States, and in 2022, over 120,000 large truck collisions led to an injury, according to the National Safety Council (NSC). Below are the primary types of trucking accidents that occur:
- Trucks rolling over
- Trucks colliding into the rear of another vehicle
- Trucks crashing head-on into another vehicle
- Truck drivers losing control of their trailers, causing them to swing around, also known as jackknifing
- Trucks crashing into the side of, or sideswiping, another vehicle
- Trucks colliding with a pedestrian, vehicle, or stationary object while making a wide turn
The Complexity of Trucking Accidents
Trucking accident cases can be highly complex as there are several factors distinguishing these incidents from other motor vehicle cases. Here is an overview of these characteristics.
Injury Severity
Because of the weight and size of trucks, these incidents can lead to severe injuries. These injuries often require long recovery periods and significant medical costs, and calculating these types of damages can be highly complex.
Involvement of Multiple Parties
Trucking collisions often involve several parties, such as the trucking company, truck driver, and truck manufacturers. Due to the number of parties involved, determining liability entails extensive, complex investigations.
Black Box Data
Commercial trucks equipped with black boxes record key data, such as braking and speed. Interpreting this information to understand the events surrounding the trucking incident can be a complex process, requiring knowledge of this technology.
Tailored Insurance Policies
Trucking companies usually have tailored insurance policies in place with higher levels of coverage in comparison to cars. Navigating these insurance policies and securing favorable settlements necessitates a thorough understanding of the trucking sector and insurance law.
Driver Qualifications
Truck drivers have more advanced driver qualifications than passenger vehicle drivers and strict regulations govern the trucking industry. A lack of compliance with truck driving regulations by truck drivers could cause complications in the event of an accident.
Cargo Issues
Unlike passenger vehicles, trucks may contain cargo. When these goods are improperly loaded, this may contribute to trucking accidents, causing liability complexities.
Learn more about the significance of storing truck accident evidence, and find out how a seasoned New Hampshire personal injury attorney can aid those involved in trucking collisions. Contact Shillen Mackall Seldon & Spicer today to organize a consultation with a member of our legal team.
Why Is It Important To Preserve Evidence After a Trucking Accident?
Obtaining and preserving evidence is imperative to the success of trucking accident claims, impacting liability, court admissibility, negotiation positioning, and other factors. The following points explain why this is the case.
Establishing Liability
Collating and storing evidence helps establish liability, which is a key component of a personal injury claim. Clear records effectively outline the events leading up to the incident, furthering the understanding of what caused the accident.
Enhancing Chances of Court Admissibility
Through effective preservation techniques, trucking accident victims can improve the chances of the court admitting their evidence. This ensures the jury and judge can consider the evidence’s reliability and relevance.
Improving Negotiation Position
Having solid evidence to hand can provide a strong negotiating position when interacting with the liable party or their insurer. By promptly preserving evidence, claimants can improve their leverage and boost their chances of obtaining a fair settlement.
Building a Solid Case
Whether a trucking accident case succeeds largely depends on the effectiveness of the presented evidence. Carefully preserving evidence helps build a solid legal case and enhances the chances of gaining a positive outcome.
Maximizing Compensation
Evidence preservation can help maximize the available compensation to victims of trucking accidents, such as compensation owed for property damage, pain and suffering, and medical expenses. This is due to the evidence’s role in substantiating legal claims and demonstrating the damages owed to the claimant.
Why Preserving Evidence Is a Time-Sensitive Endeavor
Trucking accident evidence may degrade quickly because of various factors, including road maintenance, the passage of time, and weather conditions. Vehicle damage, skid marks, and debris can rapidly vanish, requiring trucking accident victims to swiftly act to preserve this vital evidence.
As time progresses, eyewitness accounts may fade, data from black boxes might disappear, and other parties could tamper with truck driver logbooks. On top of this, the statute of limitations for submitting a trucking accident claim is usually two years after the incident date, which means the victim must start their legal claim within this period to avoid losing their right to seek compensation.
Types of Evidence in Trucking Accident Claims
Police reports, truck driver log books, truck driver phone records, truck driver work history, training, and qualifications, truck maintenance records and schedules, truck inspection records, dispatch instructions, and alcohol and drug test results of truck drivers are examples of impactful trucking accident evidence. Other types of relevant evidence include witness reports and testimonies, accident scene photos, weigh station reports and tickets, and traffic camera video footage.
Contact a Florida Personal Injury Attorney Today
Evidence is a key component of trucking accident cases that can significantly affect a claim’s outcome. By promptly securing essential evidence claimants can more effectively navigate the claims process. Understand the importance of maintaining thorough truck accident evidence in greater detail, and learn how a Florida personal injury attorney can assist trucking accident victims with building a case, utilizing evidence, implementing negotiation tactics, and providing court representation; contact Shillen Mackall Seldon & Spicer today by calling (802) 457-4848.