Being the victim of a truck accident is a traumatic experience. You’re facing painful and debilitating injuries that can permanently alter your life, making it difficult to enjoy the things you love and live independently.
If this happened to you or a loved one, we know you’re angry and want justice. California law allows truck accident victims to hold parties accountable for the injuries caused by negligence.
What evidence is essential for a successful truck accident claim? To be successful, you must provide evidence of the four elements of negligence.
But what type of evidence is needed to prove negligence in a truck accident case?
Our experienced truck accident attorneys at the Beliz Law Firm can help you collect the evidence you need to prove your negligence claim.
What Type of Evidence Is Needed to Prove Negligence in a Truck Accident Case?
Experienced truck accident attorneys know how to prove negligence in a truck accident case. You must provide evidence of the four elements of negligence:
- Duty of care,
- Breach of duty,
- Causation, and
- Damages.
The following includes common types of evidence.
Accident Photos and Video Footage
Photos and surveillance footage of the accident scene establish what happened. Photos can show car damage, property damage, and debris after an accident. Video footage may show the actual accident.
Black Box
A black box is an electronic monitoring device. It can provide crucial evidence in a truck accident case, such as:
- When an accident happened,
- How fast the truck was moving, and
- Whether the driver used their brakes.
A black box in a truck is similar to an airplane’s black box.
Police Report
When police are called to the scene of an accident, they write a report that includes the following:
- What happened,
- Suspected cause of the accident,
- Description of the scene, and
- Statements of parties and witnesses involved.
Police reports can be collected from the local police station.
Camera Footage
Some trucks have cameras. If the camera faces the driver, it can show what the driver did during the crash, such as sleeping (driver’s fatigue) or talking on the phone (distracted driving).
The camera can also be on the outside of the truck, providing evidence that the truck swerved or was driving too close to another vehicle.
Log Books
Federal regulations require truck drivers to maintain specific schedules for driving, including mandatory breaks and rests. The driver must log their driving hours, breaks, and rests in a log book. Log books provide evidence of the driver’s compliance with these regulations.
Alcohol and Drug Testing
All truck drivers should operate their trucks free from alcohol or drugs. Driving while under the influence is a breach of their duty. If there is suspicion of driving while intoxicated, an alcohol or drug test should be performed.
Phone Records
Phone records can show whether the driver was talking on the phone, texting, or sending emails when the crash occurred.
Truck Maintenance Schedule
Trucks need routine maintenance to ensure they are operating correctly. Thus, all trucking companies should have a maintenance schedule for their trucks.
Suppose there is no maintenance schedule, or a truck operates with missed maintenance appointments. In that case, this can be used as evidence of the trucking company’s failure to follow through with its duty to ensure its trucks function properly.
Employee Files
Trucking companies should keep detailed employee (or independent contractor) files on their truck drivers. These files provide information such as whether the driver has the proper training and license to drive a truck.
Medical Records
Healthcare records provide evidence of injuries sustained from the truck accident. Examples of records include the following:
- Hospital stays,
- Doctor visits,
- Surgeries,
- Diagnostic tests,
- Physical therapy, and
- Home care.
A doctor’s diagnosis explains the extent of the injuries and describes the effect they will have on the life of the victim and their ability to earn a living. Healthcare bills provide evidence of the financial impact resulting from the injuries.
Financial Records
Part of the element of damages in a truck accident claim involves providing evidence of financial injury. After a truck accident, you most likely took time off work. This loss of income is recoverable.
Further, truck accidents can affect your ability to earn a living in various ways, such as:
- Schedule change to fewer hours,
- Transition to a less-paying job, or
- Inability to continue working.
Evidence of these financial damages can be found in tax documents, pay stubs, and bank statements.
Contact The Beliz Law Firm for a Free Consultation
Founder of the Beliz Law Firm and University of San Diego School of Law graduate Michael A. Beliz has almost 20 years of legal experience. He understands the importance of collecting and preserving evidence immediately after an accident.
Proving negligence in a truck accident lawsuit can be complicated. You don’t want to miss anything. Having a seasoned attorney can enhance your chances of maximum recovery. Contact our office now for a free case evaluation.
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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