Semi-truck collisions can total vehicles and leave occupants with life-altering injuries. The people hurt in semi-truck collisions or addressing the death of a loved one in a truck crash need evidence when they seek compensation from a driver, their employer or their insurance provider.
Proof of fault and of liability for a crash can help those affected by the wreck pursue legal action. What forms of evidence are often crucial for a successful commercial transportation crash compensation claim?
1. Data from inside the vehicle
Information recorded by the computers integrated into a semi-truck can highlight violations of key regulations. The electronic logging device (ELD) may have evidence of the driver staying on the road for longer than the law permits.
The black box or Electronic Control Module (ECM) in the truck that tracks the driver’s maneuvers could provide information about their speed and whether or not they attempted to break before the crash occurred. That data can help validate that an error occurred or that the driver was negligent, which was the cause of the crash.
2. Company maintenance records
According to the Federal Motor Carrier Safety Administration (FMCSA), roughly one in 10 semi-truck collisions where the commercial vehicle is at fault are the result of issues with the vehicle. Maintenance records from a transportation company can identify issues that went unaddressed or improper repairs that may have contributed to the crash. Proof of improper maintenance or delayed repairs could make transportation companies, service providers or mechanics liable for the crash.
3. Witness statements and video footage
Maybe a nearby driver had a dash cam running at the time of the crash. Perhaps there was a traffic camera or a security camera nearby that captured the collision. There may have been witnesses who saw the truck run a red light or swerve into another lane of traffic without using a turn signal. People who were present at the time of the crash or video footage can help with crash reconstructions and validate who is truly at fault.
Those injured or affected by semi-truck collisions often need to retain a lawyer as soon as possible afterward. An attorney can send official notice to the truck driver or their employer to ensure the preservation of critical maintenance records and driving data.
Otherwise, information that could help validate fault and the right to pursue compensation might end up deleted or destroyed. Adequate evidence is of the utmost importance when insurance companies try to blame the injured party for the crash.
Attorneys can also submit formal requests for evidence through the discovery process. They can also help with crash reconstructions, insurance negotiations and the overall litigation process. Discussing a recent crash with a semi-truck collision injury lawyer can help people seek the compensation they need to offset the harm caused by a semi-truck crash.