Accidents involving commercial motor vehicles tend to be the most devastating and injurious of all traffic collisions. Take the average 18-wheeler, for example: This vehicle is a massive behemoth with limited stopping power that can weight up to 80,000 lbs. and speed between 35 mph and 85 mph – in Texas, at least. It’s probably no surprise that even a comparatively “minor” truck accident can result in life-changing injuries, tragic fatalities, and extreme property damage.

If you or a loved one has been injured or killed by the actions of a negligent trucker, you may have grounds to pursue restitution through civil litigation. However, before taking legal action, you need to discuss your case options with a qualified legal professional and collect certain pieces of evidence that can bolster your claim.

Preparing for a Lawsuit

The average Texan will experience approximately 3-4 motor vehicle accidents throughout their lifetime. However, no two accidents are the same, and it’s critical that you retain legal representation before filing a claim. Truck accidents tend to be more complicated, in a legal sense, than car crashes because multiple entities and insurers may be involved. For example, depending on the circumstances that led up to the collision, a plaintiff could hold several parties liable, including the trucker, the trucking company, the cargo company, the manufacturer, and so forth.

But how can you safeguard your right to damages when insurers are pressuring you to accept a lowball settlement offer? The first step – after getting an attorney – is to collect 3 essential pieces of evidence that can strengthen your case:

1. Your Medical Records – A critical part of your case is proving that your injuries are legitimate and that you’ve taken the appropriate (and timely) steps to visit with a doctor and follow a prescribed treatment program. After all, the at-fault party’s insurer(s) won’t believe that you’re injured just because you filed a claim; in fact, their goal is to save money by undermining your case. Fortunately, you can protect your claim by seeking medical assistance immediately after a truck accident. That said, if you wait more than 7 days, you could give the defendant’s insurer ammunition that can be used against your case. You also need to request an updated copy of your medical record any time you visit with your doctor. Your medical record is an important piece of evidence because it lists the scope of your injuries, your prescribed treatment options, and any notes about your ongoing healing process. In other words, this document verifies multiple aspects of your claim, including the fact that your injuries are a direct consequence of the truck accident.
2. Black Box Recordings – Mind you, this is the most challenging piece of evidence to obtain after an accident, and you may need the assistance of a lawyer to collect the information you need. All commercial motor vehicles are equipped with a log recording device called a “black box” or an “electronic control module” (ECM). This device records and stores data about a truck’s speed, number of hard stops, tire pressure, GPS location, communications between the trucker and the trucking company, and so much more. This data can confirm if the at-fault parties were violating any trucking codes or regulations during the accident. For example, the black box can prove if the driver was skipping mandatory breaks and driving while fatigued. As previously stated, it can be a little difficult to obtain black box recordings, particularly if a trucking company has something to hide. Your lawyer may even need to petition the court for a restraining order to prevent the trucking company from destroying the evidence. For this reason and more, it’s vital that you contact an attorney immediately after the collision.
3. Crash Site Evidence – A picture is worth a thousand words, especially when it comes to piecing together the narrative of a truck accident. After an accident, you (or a trusted friend or lawyer, if you’re too injured) need to take pictures of any damaged vehicles, visible injuries, skid marks, nearby structures, license plates, traffic control devices, and so on. The more pictures, the better. If necessary, you can also return to the accident scene at a later date to get more photos. These pictures need to be submitted to your insurance company and your attorney as quickly as possible.

Harmed by a Negligent Trucker? Arrange a Free Consultation Today.

Contact the truck accident lawyers at the Daspit Law Firm if you require personal injury or wrongful death representation after a collision. Our experienced legal team can investigate the accident, negotiate with the defendant’s insurer, and help you collect and preserve evidence that strengthens the validity of your claim. With our assistance, you can pursue a favorable and substantial settlement that covers your medical bills, property damage fees, and other injury-related expenses.

Contact the Daspit Law Firm at (888) 273-1045 to arrange a free and confidential case evaluation with our legal team.

About the Author

Attorney John Daspit provides personalized attention to his clients who have suffered from another person's negligence. He is devoted to the law and passionate about representing clients through their personal injury claims.