Evidence Truck Accident Victims Need a Lawyer to Help Them Preserve
Evidence that helps establish how a truck accident happened and who has legal responsibility comes in many different forms. Unfortunately, some evidence belongs to the owners or operators of semi-trucks. As such, injured victims and their families need the help of a skilled semi-truck accident attorney to preserve this evidence as soon as possible after the crash before it is intentionally or unintentionally destroyed or goes missing.
On-Board Electronic Data Records
Today it’s typical for long-haul trucks to include onboard electronic data collection systems. These systems serve two chief purposes:- Electronic Logging Devices (ELDs) record a driver’s hours of service and monitor their compliance with federal regulations mandating how much time a truck driver can spend behind the wheel before taking a break; and
- Event Data Recorders (EDRs) monitor truck systems and are like the truck industry equivalent of the black box onboard aircraft.
- The truck driver’s work schedule and recent driving history
- The driver’s actions behind the wheel in the moments before the accident, including the truck’s speed, direction, and braking
- The status of critical truck components and systems
- The crash signature of the semi-truck, a unique combination of system failures that occur before and in an accident
- Safety system functions, such as whether the driver was wearing a seatbelt or if the airbags deployed
Truck Maintenance Records
State and federal regulations require truck operators and owners to keep their equipment in safe working order and save records of that work. Maintenance serves an obvious purpose by minimizing big rig breakdowns that can create a danger to others on the roadways. Unfortunately, some operators and owners cut corners when it comes to proper maintenance, which can potentially result in truck system failures and injuries or fatalities in an accident. Like electronic data, maintenance records can assist a truck accident victim’s attorney with investigating the probable causes of a collision. Attorneys are generally required to request these records. Experienced lawyers will know that they need to request them soon after the accident so that trucking companies don’t attempt to destroy or change them.Driver Cell Phone Data
Like almost everyone else, truck drivers have cell phones that automatically collect and store substantial information about their lives, habits, and movements. Considering this, the data from a trucker's mobile phone can also be critical in establishing how a truck crash occurred. For instance, it can reveal:- That the trucker used the phone to send a text or make a call in the moments preceding the accident, pointing toward dangerous driver distraction as the cause of the accident
- That the trucker didn’t sleep or rest during their legally required rest breaks, hinting at fatigue as a factor in the crash
- The trucker had unhealthy habits, like using drugs or alcohol, making them more likely to cause an accident.
- A phone's GPS data stores the trucker's moment-by-moment physical location, confirming the truck's onboard electronic data collection systems.
Evidence Crash Victims Can Collect/Preserve On Their Own
Although crash victims need a lawyer's assistance to collect and preserve some of the most valuable evidence supporting their claim for damages, they can also help their case. Here are just a few things that a big rig crash injury victim can gather and preserve vital evidence to maximize their legal rights to injury compensation. Remember that these are simply suggestions. Even if you didn’t act accordingly, you could still have a valuable semi-truck accident claim. Therefore, it’s imperative to meet with an experienced truck accident lawyer as soon as you can to preserve your legal rights.Pictures or Videos at the Scene of the Accident
After the necessary clean-up crews arrive at a big rig crash scene, valuable evidence often disappears. If you can safely do so without risking yourself or others, or making your injuries worse, take photos of everything you can see before clean-up crews get there, move vehicles from the road, and sweep up debris, shattered glass, and spills. Keep in mind that there’s no such thing as too many photos or videos of a truck wreck scene. Capture images of everything, including:- The damaged vehicles (up close, far away, and from different angles)
- The road surface
- The weather and lighting conditions
- Debris and spills on the road
- Features of the surrounding area, such as tree branches overhanging the road
- Anything else you feel is important regarding the crash
Document the Names and Contact Information for Everyone at the Scene
As much as possible, document the names and contact information of everyone at the accident scene, including:- Other drivers
- Passengers
- Bystanders
- First responders
Don’t Fix Your Damaged Vehicle Yet
You might be in a hurry to have your vehicle repaired or replaced; that's certainly understandable. However, don't rush to take your damaged or destroyed vehicle to the garage/junkyard if you have a way of managing without it for a short time. Vehicle damage is essential physical evidence revealing how a truck crash occurred. However, its damage can provide investigators with vital clues about the forces of an impact, who-hit-who-first, and other information that might contribute to findings of the cause and legal liability for a big rig crash. Consult a lawyer as soon as you can after an accident to allow them to have the vehicle damage inspected before you schedule repairs or trade-in the wrecked car for a new motor vehicle.Keep All Documents
Documents can contain critical information in proving any truck accident claim. In the weeks and months after your truck crash, keep every paper you get that has anything to do with the collision, your injuries, or medical care. This includes:- Medical records
- Health insurance statements or explanation of benefits (EOB)
- Law enforcement reports
- Texts or emails
- Letters from defense lawyers or auto insurance carriers
- Receipts from the pharmacy
Get a Copy of the Official Law Enforcement Accident Report
Law enforcement officers who respond to the scene of a semi-truck collision will complete a report containing their initial findings regarding what happened. Within a week or two, you can order a copy or let your attorney handle this. The official crash report usually details crucial evidence, including:- Law enforcement’s determination of fault
- Witness and other party contact information
- Witness statements
- Citations issued