6 Best Ways To Collect Evidence After A Truck Accident, According To Our San Diego Attorney
Posted By The Law Offices of Eugene G. Bruno, P.C. Posted in: Truck Accident.
After a truck accident, the first thing injured victims do is file a personal injury claim against the bus driver and/or his/her trucking company to seek compensation. Many of them choose to be legally represented, while others handle the legal process on their own.
And regardless of whether you are legally represented or not, your personal injury claim needs to be substantiated with sufficient evidence in order to establish the defendant’s liability and recover the compensation you deserve.
Unfortunately, the vast majority of unrepresented truck accident victims think collecting evidence is limited to the scene of the truck accident. “If you have no witness accounts, there is no way to win the claim… or so many victims think,” says our San Diego truck accident attorney from the Law Offices of Eugene G. Bruno, P.C.
But experienced lawyers think bigger. Much bigger than that. There are many ways to establish the truck driver and his/her trucking company’s liability and successfully obtain compensation. And gathering evidence goes well beyond snooping around the scene of the accident.
Today, we asked our experienced truck accident attorney in San Diego to outline some of the most effective steps you can take to collect evidence in your case.
Preserve evidence. Any skilled lawyer knows that without preserving evidence there is no way to win a lawsuit, especially when it comes to trucking accidents. That is why they apply a tremendous amount of legal pressure on the trucking company and their insurance company to ensure that any evidence relevant to the case be preserved. This includes sending a spoliation letter to the trucking company ordering to preserve such types of evidence as truck driver logs, any data from the black box and any other recording devices in the truck, truck inspection reports, and many more.
Review driver logs and other reports. One of the most sure-fire ways to prove the trucking company’s fault in a truck accident is to examine the driver’s logs, truck inspection reports, and other reports that may show any violations of federal truck regulations, including but not limited violations in the number of hours the truck driver had been on the road prior to the accident, whether or not he/she had taken breaks, when the truck was last inspected, etc.
Review the black box and the truck’s electronic onboard recording devices (EOBRs). These devices can offer a unique insight into what caused the truck accident, as they record the truck’s speed at the time of the crash, engagement of the brake system, driving time, and many more.
Cooperate with accident reconstruction experts. Be warned that the services of accident reconstruction experts are not exactly affordable, yet what they can tell you about the accident can be the key to your legal success. That is why hiring a San Diego truck accident attorney is one of the best things you can do to your case, as lawyers usually retain accident reconstruction experts on their own.
Investigate the truck driver’s history, including but not limited his/her previous traffic violations, convictions, DUI arrests, previous accidents in San Diego and elsewhere in California, and many more. Also, examining the driver’s medical history may be a good idea depending on the circumstances in your particular accident.
Collect witness accounts. Having witness testimonies in your case is almost always half of the success. Even the weakest legal case can turn into a solid one if you have one or two witnesses testifying in your favor and proving the defendant’s liability.
This is just a short list of the things you can do to gather sufficient evidence and prove the defendant’s fault after a truck accident. Consult with our experienced lawyers from the Law Offices of Eugene G. Bruno, P.C., to find out more. Call at 619-577-4077 or fill out this contact form to get a free consultation.