After a truck accident occurs, the process of attempting to determine liability usually starts immediately. Many parties can potentially be held responsible, from the driver themselves, to the cargo company. The final decision on who was at fault will be determined based on who acted most negligently and whose negligence most probably lead to the accident taking place.
If a person wants to ensure their truck accident investigation is a success, they should get in touch with an attorney who specializes in dealing with such cases as soon as possible. An experienced lawyer will be able to get a person the compensation they deserve using both their knowledge and expertise. Contacting a lawyer is vital because to get compensated for one’s losses, a person will generally have to show how the other party was responsible and why they need the money as compensation.
Conducting the investigation
To collect the evidence to prove the fault of the other party, a proper investigation is in order. The first step of a successful investigation is to start it as soon as possible after the accident. One of the biggest mistakes individuals make is they take too long to launch their investigation and, in turn, lose a lot of vital, time-sensitive information that could have been otherwise used to strengthen their case.
Another major mistake often made in truck accident cases is the sole dependency on police reports. Some individuals just get a police report and don’t try to collect any other evidence through their own investigation. Though it is a good thing to have a police report on hand as evidence, a person should never give up their investigation because of the surprising amount of information that can be found by digging just a little deeper.
Police reports can be useful, but their main purpose is not to be used as evidence in civil court and therefore they usually won’t serve as the powerful evidence a person needs to get compensated for their losses.
During an investigation, one’s attorneys will focus on doing the following:
Collecting evidence at the scene of the accident
Sending out letters of Spoliation
Digital and electronic evidence gathering
Collecting driver records
Collecting employer records
A lawyer who knows what they are doing will be able to pursue the correct legal avenues to get access to all the above information. From the above, witness testimonies are among the most important pieces of evidence a person can collect. It is through witness testimonies that the accident reconstruction can take place and important pieces of the case can be put together.
Apart from witness testimonies, the employer records and driving records of the trucker can come in handy as well. For instance, if the driver had a history of drunk driving or reckless driving, they may be more easily held liable for this accident because there are more reasons to assume they were not driving per road safety regulations.