Accidents involving trucks can be extremely devastating, causing severe harm and requiring significant medical expenses. A qualified law firm’s thorough investigation of your crash can make or break your claim.
A comprehensive investigation can identify the party or parties that must be held liable for your damages. Many truck accident victims mistakenly rely on police reports, inadequate for civil litigation purposes.
A successful injury case hinges on presenting facts to the jury. This requires an attorney to be skilled and tenacious in collecting and preserving evidence for their client’s claims. This is especially important in truck accidents because critical evidence, such as gouges in the road surface, skid marks, and police paint markings, fade quickly.
In addition to securing physical evidence, a good truck accident lawyer Denver will take the time to interview eyewitnesses. These witness statements can be vital in constructing an accident reconstruction model of how the crash unfolded. They are also valuable for connecting your injuries to the accident, helping to justify fair compensation for your current and future medical costs.
A skilled truck accident investigation lawyer will also examine the truck’s data recorder, the black box, to determine how the truck behaved before the crash. They may also review maintenance records to see if any issues could have contributed to the accident.
A witness’s statements can be a critical part of your case. They can help your attorney determine how the truck accident occurred and who is liable.
Witnesses can provide information about weather and road conditions, truck driver speed, and whether a mechanical problem with the vehicle or the truck driver caused the accident. It is essential to talk with witnesses as soon as possible so they can remember the details of what happened. Over time, witnesses may need to remember important information or their statements can be influenced by what they see on the news.
Your legal team will also examine the trucking company’s and truck driver’s logs and records. This includes records of the truck driver’s service hours and whether they complied with federal and state regulations. In addition, they will request any onboard data recorders (also known as black boxes) from the truck. This can be significant evidence since these devices can reveal the speed, brake usage, and driver actions before the crash.
Examining the Truck
To increase the chances of a favorable outcome, it’s crucial to conduct a thorough investigation of a truck accident. However, insurance companies and trucking firms may try to obstruct your efforts to obtain the necessary evidence to prove their liability.
Your attorney will examine the crash scene, taking photographs and recording videos of the accident to build your case. They will consult with experts, including black box specialists and crash reconstruction engineers. They will also look at the driver’s logs, personnel files, driving records, and service hours to see if they violated safety protocols.
A lawyer can also look at the truck’s maintenance records to see if mechanical issues contributed to the accident. In some cases, the manufacturer of a part on the truck could be held responsible if it was defectively designed, manufactured, or assembled. Similarly, the company that loaded the truck may be liable if it did not follow safe loading practices.
Unlike car accidents, where a police report is sufficient to support an injury claim, truck accident litigation is highly technical. A lawyer needs substantial evidence to show that the truck driver was negligent or that a defective part caused the crash.
A reasonable truck accident attorney will request all documents from the trucking company, including truck driver logbooks, inspection and maintenance records, delivery schedules, work orders, and more. The attorney will also review the truck driver’s history to see if they meet federal hours-of-service regulations and have any prior trucking accidents or crashes.
A trucking company may be liable for a crash under the legal theory of respondeat superior if it is found that the trucker’s employer was negligent in hiring, training, or overseeing the truck driver. If the trucker was reckless, a lawyer could also pursue punitive damages on your behalf. To prove recklessness, a lawyer must collect evidence showing the trucker’s attitude and behavior leading up to the crash.