What Kind of Evidence Is Used in Truck Accident Injury Claims?

 Posted on February 23, 2021 in Auto Accidents

A fully loaded tractor-trailer can weigh up to 80,000 pounds. When a truck collides with another vehicle or a pedestrian, the results are often catastrophic. If you were injured or a loved one was killed in a truck crash, you may be interested in pursuing a personal injury claim against the at-fault party. An injury claim may allow you to hold the liable party accountable for the truck collision and recover compensation for your damages. However, in order to build a credible claim, you will need to show evidence of the defendant’s negligence, the connection between your injuries and the defendant’s actions, as well as your damages.

Basic Components of a Successful Truck Accident Claim

Most truck accidents occur because a party acted negligently or carelessly. Legal responsibility for the accident may lie with the truck driver, the trucking company, the designer of a defective truck part, or a number of other parties.

There are four basic components of a truck accident injury or death claim:

• The defendant had a legal duty to act with a reasonable degree of care and attention.

• The defendant breached the duty of care.

• The victim was injured or killed as a result of the breach of duty.

• The victim suffered damages.

Each of these components must be proven by a "preponderance of evidence." This means that you must prove that the above statements are more likely true than false. To do this, you and your attorney may use a variety of evidence.

Physical Evidence, Witness Statements, and Expert Testimony 

The type of evidence needed to build a compelling claim for damages varies from case to case. Your attorney may obtain evidence such as:

• Data from the truck’s "black box" called an electronic control module (ECM) or event data recorder (EDR)

• Truck maintenance and inspection records

• The truck driver’s electronic logbook

• Trucking company employment records and company policies and procedures

• Forensic evidence from the crash scene

• Photographs of the vehicle damage, the crash scene, and your injuries

• Video footage from red-light cameras, traffic cameras, surveillance cameras, and dash-cameras

• Statements from eyewitnesses to the accident

• Statements from medical professionals who can attest to the causal relationship between the defendant’s actions and your injuries

• Statements from vocational rehabilitation specialists and economists who can explain the financial impact of the crash

• Statements from accident reconstruction specialists and highway safety experts

• Computer animations or models that show how the accident occurred

Contact a DuPage County Truck Accident Lawyer

If you or a loved one were hurt in a truck collision, you may be able to recover medical bills, lost income, and other damages. A knowledgeable Bensenville personal injury attorney from Kaiser Law can help you obtain evidence and use it to build a solid claim. Call our office today at 630-233-9946 to schedule a free consultation.

Source:

https://www.isba.org/ibj/2007/11/burdensofproof