Proving Liability in a Truck Accident CaseBy Kevin Davidson
Mar. 28, 2014 12:00a
Truck accidents are as common in Missouri as they are in other parts of United States. Driving under influence of alcohol or drugs, driver’s fatigue, and faulty equipment are some of the common causes of truck accidents. Owing to the large size of the trucks, the accidents involving them are quite serious, and usually lead to severe injury and property damage.
Victims can file a lawsuit to claim compensation for the medical treatment, pain and suffering, repair or cost of the vehicle, and any other reasonable loss. However, to prove liability in a truck accident case the victim should preserve some evidences. These evidences can make the case stronger, and make it easy for the victim to receive the maximum possible compensation for the losses suffered.
Here is a list of 6 evidences those involved in a truck accident should preserve in order to prove liability in a truck accident case:
Documents from the trucking company and driver: The victim should try to secure as many documentary evidences from the truck driver and the trucking company as possible. This may include delivery receipts, driver logs, bills of lading, and any other documents that can help prove the case against negligent truck driver and the company.
Eye witness statements: The victim should try to gather contact information of the eye witnesses, and if possible, get them to provide written statements.
Physical evidence from the accident sight: If the victim is not in a state to gather physical evidences, he can request others present at the sight to do it for him. Photos of the accident sight, vehicle, and skid marks; evidence of conditions at the time of crash, and damaged vehicle are important evidences.
Electronic recording device: The onboard recording device provides a good indication of the truck’s movements that led to the crash. The information records of the device can confirm the information logged in documents.
Records maintained by trucking company: Every trucking company is legally bound by The Federal Motor Carrier Safety Administration to maintain certain records such as driving history of the drivers, employment application, maintenance records, and out of service inspections. These records can come in handy in the courtroom where the victim has to prove liability.
The truck: It is important that the victim, with the help of a
St. Louis truck accident attorney, sends a spoliation letter to the negligent company asking them to preserve the truck, it’s all components, and records.
If you or someone close to you has become a victim of a truck accident, get in touch with an experienced St. Louis truck accident attorney. If possible, gather all possible evidences from the scene of accident. Your attorney will thoroughly assess the case, and help get all the rightful claims you deserve.
Contact Zevan and Davidson at
(314) 588-7200 to schedule a free consultation.