Life can change in the blink of an eye after a truck accident.
You could suffer serious injuries that leave you unable to work. Medical bills will stack up while trucking companies launch armies of lawyers to fight your claim from day 1.
Here’s the problem.
If you don’t have the right evidence to back it up, your best truck accident injury claim can quickly fall apart. Insurance companies know this. They will stop at nothing to shift blame and limit how much they owe.
Luckily…
There are certain types of evidence that can take your truck accident case to the next level. When you know what to collect (and how to preserve it) you greatly increase your chances of winning a claim.
Here’s what you need to know:
- Why Evidence is Everything in Truck Accident Claims
- The 4 Types of Evidence That Will Strengthen Your Claim
- How Black Box Data Can Make or Break Your Case
- How To Ensure Key Evidence is Preserved
Let’s dive in.
Why Evidence is Everything in Truck Accident Claims
Truck accident claims are different from your run-of-the-mill car accident.
They’re far more complicated. There can be multiple liable parties at fault including the driver, trucking company, truck manufacturer and more. With that increased complexity comes a higher burden of proof.
Trucking fatalities are high. The NHTSA estimates that there were 5,516 large truck deaths in 2023. That doesn’t include the over 150,000 injuries that occurred as well.
If you’ve been involved in a truck accident, now is not the time to take your claim lightly. Partnering with an experienced Dallas truck accident lawyer can help you understand the value of evidence and build a winning case against negligent trucking companies and drivers.
But here’s the kicker…
Trucking companies don’t waste any time gathering evidence after a crash. They send out their own investigators to the scene immediately and start securing any internal records they can use to limit liability.
Victims of a truck accident need to do the same.
The 4 Types of Evidence That Will Strengthen Your Claim
When it comes to proving liability in a truck accident injury claim, not all evidence is created equal.
Some pieces will hold more weight with insurance companies and help you prove negligence faster. Here are the 4 types of evidence you need to focus on collecting.
Police Reports and Documentation From the Accident
The official police report lays the foundation for your truck accident injury claim. It details the responding officer’s findings, includes witness statements and outlines the conditions of the road.
This report is critical. Make sure law enforcement is notified after a crash and a police report is filed.
Photos and Video of The Accident Scene
Some of the best evidence is visual. Your photos and videos from the accident scene can help tell the story of what happened.
Take photos of…
- Damage to all vehicles involved
- The position vehicles ended up in after the crash
- Skid marks on the road
- Traffic lights and signs
- Weather conditions
The more pictures you take (and from different angles), the better. If you have a dash cam, make sure to preserve that video too. Same goes for any nearby surveillance cameras.
Medical Records
Linking your injuries to the truck accident is crucial. Medical records from your doctors, hospitals and therapists help establish that link. They can also prove the severity of injuries you suffered.
Keep all records of…
- Hospital visits and bills
- Diagnostic tests (like MRIs)
- Treatment plans
Important note: Having gaps in your medical treatment can severely hurt your claim. Make sure you see a doctor right away after an accident and follow their recommendations for treatment.
Witness Statements
You’d be surprised at how many witnesses don’t end up helping with a truck accident injury claim. That’s why you should get their contact information right at the scene.
Witness statements offer an opportunity to narrate what they saw and experienced during the crash. This written proof can help support what you tell insurance companies.
Collect contact information for any witnesses at the scene so your attorney can follow up. You never know who has the proof that will strengthen your claim.
Black Box Data Can Make or Break Your Case
Let’s look at one more powerful piece of evidence that not many people think about. Bottom line…
Almost every large truck on the road has an event data recorder and electronic logging device. They’re commonly known as the truck’s “black box.”
When properly preserved, the data inside can make or break your truck accident injury claim.
Why? Well…
Truck black box data can reveal…
- How fast the truck was going before (and during) the crash
- If the driver braked or how quickly they reacted
- Hours of service violations
- Whether the driver was fatigued
- Mechanical failures
- GPS location and travel history
This type of digital evidence is hard to refute. If data shows the driver was speeding or didn’t hit the brakes, that’s powerful evidence of negligence.
But here’s the catch. Trucking companies aren’t obligated to preserve this data forever. It can be overwritten or deleted in as little as 30 days.
That’s why it’s so important to have your attorney send a preservation letter right away. The evidence may not be there if you wait too long.
How To Ensure Key Evidence is Preserved
Trucking accident evidence is not something you have years to sit on. The sooner you act, the better positioned you’ll be to build a strong claim.
Every year, thousands of people die in crashes involving large trucks. Countless others are injured and pursue claims against trucking companies.
If they can stand up for themselves, why can’t you?
Follow these steps to make sure you preserve key evidence:
- Document as much of the crash scene as you can. Take photos, shoot video and gather contact information for witnesses before leaving the scene.
- Seek medical attention as soon as possible. Not only is this important for your health, but creates a direct link between the crash and your injuries.
- File a police report. This will serve as the foundation of your claim.
- Send a truck evidence preservation letter to the trucking company. This is a formal request to save any electronic data (aka black box data) related to the crash.
- Keep detailed records of everything. Medical expenses, car repair estimates, pay stubs from missed work and more. Save any invoices or receipts related to costs from the accident.
Don’t be outworked by trucking companies and their team of lawyers. Fight fire with fire.
Bring It Home
Hopefully, you now have a better understanding of how important evidence is to any truck accident injury claim.
To recap:
- Police reports and documentation from the scene lay the foundation
- Photos, videos and witness statements give life and context to your claim
- Medical records help prove your injuries were caused by the truck accident
- Truck’s black box data tells the story of what happened leading up to the crash
- Don’t wait to preserve evidence
Trucking companies have unlimited resources at their disposal. The best way to level the playing field is to fight fire with fire.
Preserve evidence as soon as possible and build a strong claim with your attorney’s help.
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