The nature, size, and sheer physical presence of trucks mean that accidents involving these vehicles have the potential to be catastrophic, and can result in life-changing injuries for victims and in some cases, even death.
In order to make a successful claim against a trucking company or their insurer, there are certain things that need to be done correctly – and evidence preservation is a key element of this. We have put together all you need to know about the best way to preserve evidence for a truck accident claim, and the elements to bear in mind to increase your chances of a successful claim.
Why Make A Truck Accident Claim?
The first thing to understand when making a claim after an accident with a truck is why you should do so. There are many reasons why you may want to pursue a claim, but the primary motivations tend to be that you were seriously injured, or even lost a loved one, as a result of the negligence of another person.
Some of the most common causes of commercial truck accidents can include:
- Driver Error
Driver error is one of the most common causes of truck accidents, and this can include errors such as speeding, driving under the influence of alcohol or drugs, following too closely behind other vehicles, failing to obey traffic signs and signals, and more.
- Driver Negligence
A truck driver who has been negligent will often cause an accident, and this can include issues such as poor road conditions, failure to follow safety procedures, failure to maintain control of the vehicle, and more.
- Vehicle Defects
A defective part on a truck can lead to an accident, and this includes faulty brakes, steering or suspension systems, and more.
- Road Conditions
Poorly maintained roads can also contribute to accidents, and this can happen through potholes, cracks, holes, uneven surfaces, debris,or loose gravel on the surface.
- Improper Loading And Unloading Of Cargo
Improper loading and unloading of cargo can lead to accidents, and this includes items being loaded onto or unloaded from a truck that are too heavy, improperly secured, or damaged.
Truck Accidents Claims
If you have suffered serious injuries or loss of life due to the negligence of another person, then you may be entitled to seek financial compensation. This compensation could take the form of medical expenses, rehabilitation costs, funeral expenses, pain and suffering, and much more.
If you believe that you have a case for a truck accident claim, then you must ensure that you collect all relevant information regarding the incident. This includes details of what happened, how long ago it occurred, where it took place, and more.
Some of the main examples of evidence that can be gathered in a truck accident claim include:
- Witness Statements
These are important because they provide a detailed account of what happened during the incident, and they can help establish liability. You should always try to gather witness statements as soon as possible after the accident, and ideally within 24 hours.
- Photographs & Video Footage
This type of evidence is very useful because it shows exactly what was happening at the time of the collision, and it can prove crucial in establishing liability. It is therefore recommended that you keep copies of any photographs or videos taken at the scene of the crash.
- Medical Records
This is another key piece of evidence that can be used to support your claim. Medical records show the extent of your injuries, and they can also reveal whether any pre-existing health problems contributed to your injuries.
Preserving Evidence In The Event Of A Truck Accident Injury
Once you have collected all of the above information, you will need to preserve it in the event that you decide to make a claim for a truck crash injury. This means that you should not destroy any of the evidence that was gathered, and instead keep it safe until you decide whether to proceed with a claim.
This is because if you choose to proceed with a claim, then you will need to provide the court with all the evidence that proves your case. You will therefore need to retain the evidence that you have collected, and this will help to prove your case.
In addition to gathering evidence, you will need to make sure that you hire a qualified personal injury attorney to represent you in court. An experienced lawyer will know how to use the available evidence to build a strong case for your claim, and he/she will also be able to negotiate with insurance companies on your behalf.
In order to win a truck accident claim, you will need to show that the defendant’s negligent actions caused the accident. The best way to do this is by proving that the defendant had a duty of care towards you and that his breach of this duty led to your injuries.
Final Thoughts
You should never underestimate the importance of collecting all the evidence related to a truck accident claim. Without this evidence, you will struggle to prove your case, and you run the risk of losing completely.
It is therefore essential that you gather all the necessary evidence as quickly as possible, and that you store it safely until you decide whether to pursue a claim – this could make the difference between a win or a loss.