The ability of your attorney to prove fault in a semi truck accident will make the difference in your ability to move forward after a serious collision with an 18-wheeler. In order to file a successful personal injury claim, your lawyer must prove what happened and who (or what company) is responsible.
So, how do you prove fault in a truck accident? Here is an introduction to what victims and their families need to know:
Types of Evidence Used to Prove Fault in a Semi Truck Accident
Proving fault in a truck accident requires evidence, and there are several forms of evidence that can be used to piece together the events leading up to a crash. While not all forms of evidence will be available in all cases, the types of evidence typically used in truck accident cases include:
1. Forensic Evidence from the 18-Wheeler Crash Site
Forensic evidence available at the crash site may include skid marks, damaged road signs or guardrails, damaged foliage, and debris on the side of the road. Since these types of evidence can disappear (or get cleaned up) quickly, it is important to conduct an on-scene investigation as soon as possible.
2. The Semi Truck’s “Black Box” Data
Commercial trucks have computer systems that record numerous types of data while they are on the road. These computers (commonly referred to as “black boxes”) can serve as key sources of evidence in serious and fatal truck accident cases.
3. Vehicle Inspection Reports
An inspection of each vehicle involved in a tractor-trailer accident can provide key insight into the speeds involved, which vehicle initiated the collision, and the force of impact. All of these can be crucial details for determining (and proving) who was at fault.
4. Driver Logs, Phone Records, and Other Documents
Driver logs will show how long the truck driver was behind the wheel before the collision, and the truck driver’s phone records will show whether he or she was talking on the phone or texting at the time of the crash. From maintenance records to shipping manifests, various other documents may serve as key evidence as well.
5. Photos and Video Footage
Photos and videos can serve as some of the strongest evidence of fault. This is especially true when an 18-wheeler accident was caught on video by a traffic camera, security camera, or dash cam. When you engage a law firm to represent you, your law firm can seek to obtain any photos and videos that may be available.
6. Eyewitness Testimony
Along with photos and video, eyewitness testimony can also serve as strong evidence of fault in a commercial truck accident. Here, too, your law firm can help by identifying and contacting any witnesses who may be able to provide testimony in support of your claim.
7. 18-Wheeler Accident Reconstruction
Accident reconstruction involves using the evidence that is available to create a computer model of a collision. The science of accident reconstruction is extremely sophisticated, and expert reconstructionists can create detailed and accurate simulations that can be used as evidence in court.
The Process for Proving Fault After a Semi Truck Accident
While these are some of the most common types of evidence used to prove fault in commercial truck accidents, they are by no means the only types of evidence that may be available. When investigating your (or your loved one’s) truck accident, your law firm will look for any and all forms of evidence that can be used to establish liability for the crash.
Along with conducting an on-scene investigation, this may involve talking to witnesses, subpoenaing records and video footage, and obtaining documents from the trucking company (or other parties) through the formal “discovery” process. Once your law firm has all of the evidence needed, it can then build a strong claim for just compensation and fight to secure a settlement or verdict on your (or your family’s) behalf.
If you need to know more about what is involved in proving fault and seeking financial compensation after a semi truck accident in Arkansas, we encourage you to contact us promptly.
To schedule a FREE, no-obligation consultation with a truck accident lawyer at Bailey & Oliver Law Firm, call 479-202-5200 or tell us how we can reach you online now.