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Truck Accidents and Evidence: What Do You Need To Win In Court?

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Truck Accidents and Evidence: What Do You Need To Win In Court?

After a commercial truck driver hits your vehicle, the carrier’s insurance company will do anything and everything to deny liability and to limit any settlement offer that you receive.

That is why the fate of many truck accident cases rests on the quality of the evidence that claimants can present at a pre-trial negotiation or during an actual trial.

Truck Accident

We think it’s important for you to understand the key pieces of evidence necessary for you to enhance the chances of a successful truck accident claim.

The Black Box Is a Key Piece of Evidence After a Truck Accident 

Similar to an airplane, a commercial truck has a built-in ‘black box,’ which records and stores critical computer information regarding the vehicle’s systems.

The term ‘black box’ is being changed to ‘electronic logging device’ (ELD), which not only records information such as speed at the time of a crash, brake application, steering, and seat belt use, but also records the exact times that the driver took a rest break, and the number of hours the driver spent on the road prior to the crash.

This is a huge factor in truck accidents caused by fatigue, so securing the truck’s ELD before it disappears or is altered is a key piece of evidence in proving a claim against a truck carrier.

Truck Inspection Reports Are a Vital Piece of Evidence 

Another important piece of evidence is the truck’s inspection report, which details any prior safety violations, or may indicate that the truck was not inspected per federal regulations.

Inspection reports are a key aspect of claims that are based on truck malfunctions such as blown-out tires or faulty brakes.

Many inspection reports also include any mandatory repair requests from federal agencies, and will often also detail maintenance schedules for the vehicle.

Witnesses and Crash Experts Are Another Type of Evidence 

Witnesses to the truck accident can provide the type of human evidence that is essential to winning a settlement or winning a trial.

And if you can present several witnesses whose stories all align, you can mount a powerful case against the driver of the commercial truck.

This is especially true if you can obtain the testimony of a truck accident expert who can reconstruct the events of the accident in a way that confirms eyewitness reports.

A David and Goliath Battle 

Make no mistake about it, commercial truck insurance companies are not your friend when you file a claim. In fact, they will do anything they can to get you to say something that can be used against you during the claim process. But if you hire an experienced personal injury firm such as Rosner Law Offices, P.C., you will protect your rights and significantly increase your chances at victory. Please contact us today for a free legal consultation.

Additional Reading

What To Know About Truck Accident Deaths

Tracking a Truck Driver

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