Evidence Needed To Prove Negligence After A Truck Accident

Gathering the right evidence is crucial for substantiating a truck accident claim and demonstrating that the driver, trucking company, or another party acted negligently, leading to the crash. Here are the critical types of evidence typically needed to establish negligence.

Photo and Video Evidence

If emergency responders don’t take you to the hospital immediately, stay at the scene and document the following with photos or videos:

• Damage to all vehicles involved 
• Final positions of each vehicle after the collision
• Any property damage to the surrounding area
• Road conditions
• Weather conditions
• Skid marks and/or any debris
• Road signs and/or traffic lights 
• Your injuries

Capture images from multiple angles and distances. This documentation can support your version of events leading up to the accident and can help establish fault. For instance, the locations of the damage on each vehicle and their final positions can indicate each vehicle’s direction, approximate speed, proximity to traffic signs, and other important details about the fault. If you are taken to the hospital, ask a friend, a family member, or hire a truck accident lawyer to gather this evidence.

Witness Statements

If there were witnesses to the crash, their statements can be crucial for proving fault. As impartial observers, they provide unbiased accounts of how the accident happened. Insurers give significant weight to these statements, as they come from objective third parties with no financial interest in your claim. 

The Police Report

Insurance companies usually regard a police report as a more trustworthy source for determining how the accident occurred and who was at fault, rather than relying solely on statements from those involved. The report offers an objective perspective, helping to verify which account of events is accurate. Additionally, it can establish a clear link between the crash accident and any injuries or property damage you sustained.

Medical Records

Medical records are critical for connecting your injuries to the truck accident and verifying their severity. Delaying treatment may give the at-fault party’s insurance company grounds to argue that your injuries weren’t caused by the accident or are less serious than claimed.

Black Box Information

The truck involved in your accident may have a black box, especially if it is a commercial vehicle. This device records data on the truck’s condition and the driver’s actions leading up to the collision, for example:

• The truck’s speed;
• Any sudden deceleration;
• If and when the truck driver applied any brakes;
• Steering angles, throttle position, and tilt of the vehicle. 
• The truck’s following distance;
• The force of impact;
• Airbag deployment times;
• If a seatbelt was engaged;
• Daily or monthly engine activity that shows if the truck driver’s hours exceeded federal regulations;
• Maintenance issues, and more.

This information, along with other black box data, can provide vital evidence of fault on the part of the driver or trucking company.

Trucking Logs

The Federal Motor Carrier Safety Administration (FMCSA) enforces hours-of-service regulations that truck drivers are legally required to follow. However, many drivers exceed these limits due to pressure to meet delivery deadlines. Therefore, trucking logs may be able to establish liability, as they can show whether a driver surpassed the legal hours-of-service restrictions.

Maintenance Records

Truck drivers and companies must conduct daily vehicle inspections and record them, noting any malfunctions or necessary repairs. Maintenance logs may reveal that a truck was operated despite being unsafe, which could have contributed to the collision.

How a Truck Accident Attorney Can Help 

A truck accident lawyer in Philadelphia can be instrumental in gathering this critical evidence to support your case. They will also work with experts to analyze this evidence and identify any regulatory violations or neglected repairs contributing to proving negligence. Additionally, an attorney will handle all communication with witnesses and insurance companies so that you can focus on recovering. They will build a solid evidence-based claim that strengthens your position and maximizes your chances for fair compensation.