Evidence Gathering in a Truck Accident Case: What You Need to Know

Truck accidents are often catastrophic due to the size and weight of commercial vehicles. When these accidents occur, victims are left dealing with serious injuries, extensive property damage, and complex legal battles. One of the most critical aspects of securing a favorable outcome in a truck accident case is gathering and preserving the right evidence.

At Jeffrey S. Floyd & Associates, PLLC, our experienced Truck Accident Lawyers understand the importance of building a strong case. In this blog post, we’ll explore why preserving crucial evidence, such as the truck’s “black box” data, driver logs, maintenance records, and witness testimony, is essential in a truck accident claim.

Several types of evidence are crucial to determining fault and securing compensation in truck accident claims. Below are some of the most important forms of evidence your Truck Injury Lawyer will focus on gathering.

1. The Truck’s “Black Box” Data:

Many commercial trucks are equipped with an Electronic Control Module (ECM), also known as the “black box.” This device records vital information about the truck’s operation, including:

• Speed at the time of the accident
• Brake application
• Throttle position
• Engine performance
• Hours of service

The black box data can provide key insights into how the truck was being operated before the accident. For instance, it may show that the truck driver was speeding or failed to apply the brakes in time. This information can be invaluable in proving driver negligence. Since black box data can be overwritten or lost, it’s critical to act quickly to secure this evidence.

2. Driver Logs:

Truck drivers are required by the Federal Motor Carrier Safety Administration (FMCSA) to maintain logs of their hours of service (HOS). These regulations limit how long a truck driver can be on the road without taking a break, reducing the risk of accidents caused by fatigued driving.

Driver logs are a vital piece of evidence in truck accident cases. They can reveal whether the truck driver violated HOS regulations, such as driving for too many hours without a break. Fatigued driving is a major cause of truck accidents, and violations of these rules can strengthen your case. With many trucks using electronic logging devices (ELDs) to automatically track driving hours, securing this data is essential to demonstrating negligence.

3. Maintenance Records:

Trucking companies are responsible for regularly inspecting and maintaining their vehicles. Failure to properly maintain a truck can lead to mechanical failures that cause accidents. Key areas of concern include:

• Brake systems
• Tires
• Steering mechanisms
• Lighting systems

Maintenance records can provide evidence that a trucking company neglected its responsibility to ensure the truck was safe to operate. If an accident was caused by a mechanical failure, these records may prove that the company ignored known issues or failed to conduct required maintenance, which could make them liable for the accident.

4. Witness Testimony:

In addition to physical evidence, witness testimony is often crucial in truck accident cases. Witnesses can include:

• Eyewitnesses: Individuals who saw the accident happen can provide valuable information about how the crash occurred. For example, they may describe erratic driving behavior by the truck driver or details about the road conditions.
• Expert Witnesses: In some cases, expert witnesses, such as accident reconstruction specialists or engineers, may be called upon to offer professional analysis of the accident. Their testimony can help clarify how the crash happened and who was at fault.
  

Truck accident cases are complex and require a detailed understanding of both state and federal laws. Working with an experienced Truck Accident Attorney ensures that crucial evidence is preserved and used to build a compelling case. Here’s how a Truck Injury Lawyer can help:



• Issuing Spoliation Letters: One of the first steps your attorney will take is sending a spoliation letter to the trucking company. This letter demands that the company preserve all evidence related to the accident, including black box data, driver logs, and maintenance records.
• Thorough Investigation: Your attorney will conduct a comprehensive investigation of the accident, including reviewing all evidence, interviewing witnesses, and consulting with expert witnesses if needed.
• Negotiating with Insurers: Trucking companies and their insurers often employ aggressive tactics to minimize their liability. A skilled Truck Accident Lawyer can negotiate on your behalf to ensure you receive fair compensation for your injuries and damages.
  

If you’ve been injured in a truck accident, contact Jeffrey S. Floyd & Associates, PLLC today or fill out our online form to schedule a free consultation. Our experienced Truck Accident Lawyers are ready to fight for the compensation you deserve.