If you’ve suffered an injury in a truck accident, getting medical treatment immediately and speaking with a truck accident lawyer as soon as possible is important. A Dallas truck accident lawyer can start working on your case immediately to gather and preserve key evidence before it is lost or destroyed. This will give you the best chance of compensation for your injuries and damages.
Why Evidence Preservation is Key in Trucking Accident Cases
Truck accidents often cause very serious injuries and extensive property damage. To recover money for medical bills, lost income, pain and suffering, vehicle repairs, and other damages, you will need strong evidence to prove the accident was the truck driver or trucking company’s fault. Important evidence can disappear quickly after a crash if you don’t take steps to secure it.
Trucking companies and their insurers have teams of lawyers and investigators who will act fast after an accident to build a case in their favor. Part of this involves collecting evidence that helps them and removing evidence that might hurt them. The sooner you have a Dallas truck accident lawyer on your side, the better your chances of preserving proof to support your claim.
What Types of Evidence Can a Lawyer Help Obtain?
There are many types of evidence a skilled truck accident lawyer will work quickly to obtain and preserve after a wreck, such as:
Truck Driver Logs and Records
Federal law mandates that truck drivers maintain comprehensive records of their driving time and rest periods. These regulations are intended to prevent accidents caused by driver fatigue. Truck drivers must log their service hours, including the time spent driving, on duty but not driving, off duty, and in their sleeper berth. These logs provide a detailed account of the driver’s activities leading up to the accident.
In addition to hours of service logs, a truck accident lawyer will also seek to obtain the driver’s personnel file, driving record, and cargo logs. The personnel file can show the driver’s employment history, training, and any previous accidents or violations. The driving record can reveal if the driver has a history of traffic offenses or license suspensions. Cargo logs show what the driver was hauling and help determine if the driver properly secured the load or if the truck was overweight.
All of these records can provide valuable evidence in a truck accident claim. They can help establish if the driver was operating within the limits of federal hours of service regulations at the time of the crash. They may also show if the driver had a pattern of reckless behavior or if the trucking company negligently hired or retained a driver with a poor safety record. A truck accident attorney will quickly request these documents before they can be altered or destroyed.
Electronic Control Module Data
Many modern semi-trucks have an electronic control module (ECM), a “black box.” This device records a wealth of data about the vehicle’s operation, including speed, acceleration, braking, and cruise control. In the event of an accident, this data can provide a detailed picture of what the truck was doing in the seconds before impact.
ECM data is particularly valuable because it is objective and difficult to dispute. It can show if the truck was speeding, if the driver suddenly stopped or swerved, or if the driver reacted too late and failed to brake. This information can help prove that the truck driver’s negligence caused the crash.
However, ECM data is not stored indefinitely. Many systems automatically overwrite old data after a certain period, often as little as 30 days. This means you should hire a truck accident attorney as soon as possible after the collision. An attorney can send a spoliation letter to the trucking company demanding they preserve the ECM data. If the company fails to do so, it may face sanctions from the court.
GPS Records
GPS technology has become increasingly common for companies tracking and monitoring driver behavior in the trucking industry. Many trucking companies use GPS systems that record their trucks’ location, speed, and direction in real time. These records can provide valuable evidence in the event of an accident.
GPS data can help establish the truck’s route before the crash, including any deviations from the planned route or unauthorized stops. This can be important if the driver was on an unapproved detour or exceeded the scope of their assigned trip. GPS records may also show if the driver was speeding or violating other traffic laws leading up to the accident.
Like ECM data, GPS records may get deleted after a limited time. A truck accident lawyer can send a spoliation letter demanding that the trucking company preserve these records as potential evidence. Failure to maintain GPS data after receiving notice of a claim can lead to legal consequences for the company.
Dashcam or Surveillance Video
Video evidence can be extremely powerful in a truck accident case. Many trucks now have dash cameras that continuously record the view from the vehicle’s cab. This footage can show what happened in the moments leading up to the crash, including any sudden maneuvers by the truck driver or other vehicles involved.
Even if the truck did not have a dash camera, there may be other sources of video evidence. Traffic light cameras, security cameras from nearby businesses, and footage from other drivers’ smartphones or dashcams can all potentially capture the accident from different angles. This video can help establish liability by showing how the crash occurred and corroborating witness statements.
However, video footage often gets deleted or overwritten regularly. A truck accident lawyer can act quickly to identify potential sources of video evidence and send preservation letters to prevent its destruction. Sometimes, an attorney may need to file a lawsuit and subpoena the evidence through legal discovery.
Post-Accident Drug and Alcohol Test Results
Federal regulations require truck drivers to submit to drug and alcohol testing in certain situations, including after an accident that results in a fatality or serious injury. Even when testing is not mandatory, many trucking companies require drivers to undergo testing after a crash as part of their internal policies.
Positive drug or alcohol test results can be compelling evidence of impairment and negligence on the part of the truck driver. A Dallas truck accident lawyer will demand that the trucking company preserve and share any post-accident test results.
In some cases, the company may try to withhold negative test results, claiming they are not relevant. However, an experienced attorney will fight to obtain this evidence, which can help rule out alternative explanations for the driver’s actions.
Remember to note that the presence of drugs or alcohol in a driver’s system doesn’t automatically mean they were impaired when the crash occurred. However, it can support a claim of negligence, especially when combined with other evidence, such as erratic driving behavior or violations of hours of service regulations.
Truck Inspection and Maintenance Records
Under federal law, semi-trucks are subject to strict inspection and maintenance requirements. Trucking companies must regularly inspect their vehicles and keep detailed records of maintenance or repairs. These records can be important evidence in a truck accident case, as they may reveal if the vehicle had pre-existing mechanical problems or defective parts that contributed to the crash.
Some common issues uncovered through maintenance records include worn or defective brakes, tire blowouts, steering or suspension problems, and malfunctioning lights or signals. If these issues were mishandled and caused an accident, the trucking company may be liable for negligent maintenance.
Inspection records are also important, as they regularly document the truck’s condition. If a safety defect that should have been caught during an inspection was missed or ignored, this can be strong evidence of negligence on the part of the company.
A truck accident attorney will demand access to all inspection and maintenance records for the vehicle involved in the crash. The trucking company may be reluctant to hand over these documents, knowing they can expose liability. However, failure to maintain or produce these records can lead to legal penalties and a presumption that the evidence will have been unfavorable to the company.
In truck accident cases, the trucking company and their insurance carrier will look for any opportunity to deny, delay, or minimize the value of your claim. To level the playing field, you need a truck accident lawyer who can act fast to preserve evidence before it disappears. This includes driver logs, ECM data, GPS records, video footage, drug test results, and vehicle maintenance records.
By hiring a truck accident lawyer immediately after a crash, you can ensure that your rights are protected and that no stone is left unturned in building your case. Your lawyer will send spoliation letters, file lawsuits, and take other legal action to obtain the evidence needed to support your claim for maximum compensation. Don’t wait until it’s too late – call a truck accident lawyer today for a free consultation.
How Can a Lawyer Compel a Trucking Company to Preserve Evidence?
Sending a spoliation letter is one of the first things a Dallas truck accident lawyer will do to ensure a trucking company preserves evidence. This letter notifies the company of your claim and demands they maintain all evidence of the crash. They can face serious penalties if they destroy relevant evidence after receiving this notice.
In addition to sending a spoliation letter, your lawyer can file a lawsuit and obtain a court order requiring the trucking company to preserve and turn over evidence through the discovery process. This can include key documents like driver logs, maintenance records, and accident reports. Your attorney can also take depositions (sworn out-of-court testimony) from the truck driver, trucking company representatives, and other involved parties, helping to uncover important details and strengthen your case. These steps ensure your lawyer preserves vital evidence and secures the information you need to support your claim.
Will the Trucking Company Share Evidence Willingly?
In most cases, no. Trucking companies and their insurers are not on your side after an accident. Even if they seem cooperative initially, they aim to pay you as little as possible. They will look for evidence that shifts blame for the accident away from them and may withhold, hide, or destroy proof of their negligence if given the chance.
You should never talk directly to the trucking company or insurer after an accident. Inform them you’ve hired a truck accident lawyer, and all communication should go through your attorney. The trucking company and insurer may try to minimize your claim or gather information that can harm your case. Your lawyer will handle all negotiations and gather the evidence to support your claim, protecting your rights and helping ensure you get fair compensation.
How Soon After an Accident Should You Call a Lawyer?
You should call a truck accident lawyer as soon as possible after a crash. The longer you wait, the greater the risk of losing or destroying important evidence. Trucking companies often act quickly to protect their interests, so hiring a skilled attorney immediately ensures they can take immediate action to preserve critical proof, such as driver logs, black box data, and dashcam footage.
This lets you focus on your medical treatment and recovery while your lawyer handles the legal details. Early intervention gives you the best chance of securing the compensation you deserve for your injuries, lost earnings, and other damages.
Get a Free Case Review from a Truck Accident Lawyer Today
After a devastating truck accident turns your life upside down, you do not have to seek the compensation you need and deserve on your own. Let an experienced truck accident lawyer handle the legal heavy lifting and fight for your rights.
The aftermath of a truck wreck is not the time to go it alone. Call a Dallas truck accident lawyer today for a free consultation. They can discuss the details of your accident, go over your legal options, and get started on your case immediately at no upfront cost. There are no fees unless they recover money for you.
