Accidents with semi-trucks can cause serious injuries that have long-lasting effects. Whether you’re taken away in an ambulance or seek medical attention at the hospital after a car accident, know this — the legal battle starts.
Evidence can disappear quickly, especially when large trucking companies get involved. To protect your right to compensation, know what evidence to save — and to do it fast.
So, here’s a guide to the most important evidence you’ll need. We’ll explain what to gather at the scene, what information the trucking company should provide, and why hiring a lawyer early on is so important.
Let’s dive in, shall we?
Evidence at the Accident Scene
The moments after a semi-truck accident can be filled with confusion and shock. But if physically able, taking swift action to preserve evidence puts you in a much stronger position should you pursue a legal case.
Here’s what to prioritize.
Photographs and Videos
Even with a police report, nothing replaces your own visual documentation. Focus on capturing.
- Damage to all involved vehicles: Take detailed photos and videos of damage from multiple angles, including both wide shots and close-ups. This evidence establishes the severity of the impact and can help experts reconstruct the accident.
- Road conditions, traffic signs, weather and debris: These details help establish context and potential factors in the accident.
- Tire skid marks or other signs of how the accident occurred: Skid marks indicate braking patterns, which can help determine factors like speed and who had the right of way at the moment of impact.
Witness Statements
If anyone witnessed the accident, secure their names, contact information, and a brief written or recorded statement of what they saw. Witness accounts can be invaluable in supporting your version of events, especially if the other driver disputes what happened.
Seek Immediate Medical Attention
Even if you don’t feel seriously injured, it’s crucial to get evaluated by a medical professional as soon as possible. Some injuries, like whiplash or internal bleeding, might not show symptoms right away.
Ask yourself, “should I see a doctor after a car accident?” and err on the side of caution. Getting prompt medical attention not only safeguards your health but also creates the essential documentation to link your injuries to the accident.
Police Report
Obtain a copy of the police report as soon as it’s available. While not always entirely accurate, it provides essential documentation of the accident, including the investigating officer’s observations and potential witness statements.
Your Injuries
If you have visible injuries, photograph them before receiving treatment. This can be difficult in the aftermath of a traumatic event, but it provides strong evidence of the immediate impact.
Personal Notes
Jot down everything you remember about the accident while it’s still fresh in your mind — the direction you and the other vehicles were traveling, any unusual behavior from the truck driver, weather and road conditions, etc.
Essential Evidence from the Trucking Company
Beyond what you gather at the scene, trucking companies hold a wealth of data vital to your case. Accessing this evidence often requires swift legal intervention.
The “Black Box” (Electronic Control Module)
Modern semi-trucks have an Event Data Recorder (EDR) similar to an airplane’s black box. It records crucial information including speed, braking patterns, steering input, and even airbag deployment. This data can be instrumental in proving fault, but trucking companies may not preserve it without legal pressure.
Driver Logs
Federal regulations require truckers to keep meticulous logs of their hours on the road. These logs can reveal if the driver exceeded allowable hours of service, a strong indicator of fatigue-related accidents. Trucking companies have an incentive to hide or alter logs if violations occurred.
Maintenance Records
Proper maintenance is essential for safe semi-truck operation. Records can show if the truck had known mechanical problems or if the company neglected required inspections. These could be signs of negligence contributing to the accident.
Importance of a Lawyer
Securing this type of evidence requires urgent action. If you’ve been in a semi-truck accident, ask yourself “how long do you have to see a doctor after an auto accident?”
That same sense of urgency should extend to hiring an attorney. Trucking companies have vast resources to fight claims. An attorney levels the playing field, issues spoliation letters to protect evidence, and fights to ensure you receive the compensation you deserve.
Spoliation of Evidence and Legal Assistance
Unfortunately, trucking companies and their insurers sometimes try to avoid liability by intentionally or negligently destroying or withholding evidence. This is known as spoliation of evidence and can severely damage your case.
Here’s what you need to know.
What is Spoliation?
Spoliation is the destruction, alteration, or loss of evidence relevant to a legal claim. It can be intentional, indicating an attempt to cover up wrongdoing, or negligent — meaning the company failed to take reasonable steps to preserve evidence.
Spoliation Letters
If you suspect evidence is at risk, your attorney can issue a formal “spoliation letter” to the trucking company and other involved parties. This letter makes them aware that they have a legal obligation to preserve all relevant evidence.
Link to Medical Treatment
While immediate medical attention is critical for your health, it also plays a crucial role in preventing spoliation arguments.
Seeking prompt medical attention after a car accident establishes a clear link between your injuries and the accident. This makes it harder for the trucking company to argue that your injuries were pre-existing or caused by something else.
If you wonder “should I go to urgent care after a car accident?” Remember, your medical records become important evidence in your case.
Conclusion
Truck accidents can be scary and the aftermath can be unwieldy. To protect yourself, gather proof of what happened as quickly as you can. This will help you if you need to take legal action.
But the most important thing is to get medical help if you were hurt. Then, collect evidence as soon as you’re feeling better. Plus, a truck accident lawyer can help you with the legal stuff and make sure you get what you deserve.