The physical and psychological trauma of a commercial truck accident can impact victims for the rest of their lives. The financial losses can be disastrous and turn families’ lives upside down. Holding the liable party accountable may be the best way to avoid these devastating consequences.
Your dedicated Memphis truck accident attorney with Gatti, Keltner, Bienvenu & Montesi will be responsible for building a powerful case against the at-fault parties. The evidence we collect must be compelling and prove the defendant should be found liable for your damages and suffering. Here is more about which types of evidence are most valuable in trucking accident claims and how you can help build the strongest case possible.
The Burden of Proof in Truck Accident Lawsuits
When a defendant is accused of committing a criminal offense, the jury should only convict them if they are sure of the defendant’s guilt beyond a reasonable doubt. In civil court, the burden of proof is different. Instead, juries find defendants liable for the victim’s injuries and damages based on a preponderance of the evidence.
The evidence your personal injury attorney presents must be clear and convincing. Otherwise, the jury may not return a verdict in your favor. Our in-depth investigation into the cause of your trucking accident should provide valuable evidence we can use to obtain a favorable outcome, some of which might include:
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Black Box Data
Every 18-wheeler and commercial truck on the roadway should be equipped with an event data recorder (EDR). These devices are also commonly referred to as black boxes. They record a wide array of information, including speed, whether the vehicle was accelerating or decelerating, brake application, and driver steering data.
Your truck accident attorney will request the information contained within the truck’s black box. We will want to do this quickly, as the truck driver or trucking company may attempt to manipulate the black box data, particularly if they know they may be responsible for causing the collision. This type of irrefutable evidence can go a long way in proving fault and negligence.
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Truck Driver Records
It is not uncommon for truck drivers to be accused of causing trucking accidents. For this reason, you can expect your car accident attorney to request copies of all truck driver records. Some examples of such professional records could include:
- A criminal background check
- Their driving history
- Truck driver’s employment records with the trucking company
- The truck driver’s financial records
These official records can tell us a lot about the truck driver’s background, such as whether they have previously been convicted of drunk driving or have a history of negligent or reckless driving. The truck driver could have provided false information on their employment records, been working more than the Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations allow, or otherwise be in violation of state or federal trucking guidelines. After reviewing these records, we may find several parties share responsibility for the collision.
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Photos and Videos
Being able to show the jury how catastrophic the accident was is crucial. We will want to take photos of your injuries and the damage at the accident scene. You can expect your truck accident lawyer to obtain copies of traffic or dash cam footage, reach out to nearby businesses and homes to see if anyone caught the collision on a security camera, and request any body cam footage from responding law enforcement officers.
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Trucking Company Records
Trucking companies are regularly found liable for victim’s damages. This is partially because the trucking company is responsible for the safety, operation, and maintenance of their tractor-trailers. However, trucking companies are not merely scapegoats but often play an active role in contributing to these collisions.
Truck drivers may be forced to work more hours than the FMCSA allows, and trucking companies may fail to do their due diligence before hiring truck drivers. Many trucking companies fail to get 18-wheelers proper maintenance, which can lead to mechanical defects and malfunctions. In this way, the truck company should be held accountable for your losses.
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Corroboration is key. While we will do everything possible to introduce as much technical and forensic evidence as possible, witness statements complain into group part, improving my ability for the accident. If a bystander can verify that the driver that hit you swerving, speeding, or otherwise at fault, the jury may be more likely to return a decision in your favor.
However, we will need to speak with witnesses as soon as possible if we hope to retain their testimony. Even seemingly minor details can be forgotten in a matter of hours or days. Our witnesses will need to be reliable and trustworthy for the jury to believe their account of the collision.
Reports from Accident Reconstructionists
Your truck accident lawyer may hire an accident reconstructionist to analyze the evidence at hand and re-create the accident. This allows us to get a better understanding of how the accident occurred and which parties may be accountable. Accident reconstructionists can build models, create presentations, and offer valuable testimony at trial.
There are many other types of evidence that could also be used to prove culpability. You should be able to trust that your personal injury attorney is exhausting all resources to build the strongest case possible. With Gatti, Keltner, Bienvenu & Montesi advocating for you and your right to total reimbursement, you can breathe easier.
Contact a Respected Truck Accident Attorney for Help Today
In the throes of your recovery, attempting to investigate and work your truck accident claim alone could be a catastrophic mistake. Do not go at it alone when you do not have to. Connect with a highly experienced truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi to get a powerful legal advocate on your side.
We will handle every legal element of your case so you can devote your energy and resources towards your family and healing journey. Let us ease some of the burden of the collision. Schedule your free, no-obligation consultation as soon as today by filling out our quick contact form or calling our office to get started.