The Significance Of Preserving Evidence In Trucking Accidents
Trucking accidents can be devastating experiences, bringing with them all manner of complications and frustrations. An accident could mean injuries, property damage, and a complex legal case to navigate. For truckers, it could mean lost wages, a suspension of their livelihood, and possibly the revocation or non-renewal of their medical certificate. Dealing with the fallout of trucking accidents may require keeping your wits about you in a trying situation, especially when preserving evidence.
When pursuing compensation in a trucking accident case, preserving evidence may be key to building a solid case to prove negligence on the other driver’s part. Without concrete evidence, courts may be unable to determine fault, which could damage a driver’s chances at compensation.
Understanding Louisiana’s unique trucking accident laws may help provide an edge in a case like this. A skilled trucking accident attorney like Louisiana Law Lady may be able to help clarify the details of a case and help you understand your legal rights. Consider scheduling a consultation today by calling (504) 470-3511 for more information.
Importance of Prompt Action
In the event of a trucking accident, how the individual responds at the moment may dictate other particulars of the case later on. While trucking accidents are often high-stress situations and the driver may feel inclined to react emotionally, keeping calm and assessing the situation practically may help prevent further difficulty later.
Primarily, avoiding any admissions of fault can help strengthen a case. However, what many people forget in the chaos of an accident situation is the importance of preserving evidence. Courts and insurance companies will examine the accident details later and generally rely on concrete facts and trustworthy witnesses. Therefore, thoroughly documenting the scene may help prevent any misconduct or misinformation.
Significant Evidence to Preserve in a Trucking Accident
When preserving evidence, individuals may struggle to determine what evidence is relevant to a trucking accident case and what is not. Generally, the more evidence collected the better, as having this information may help fill in any missed details or quirks of the case. However, focusing on certain areas of documentation may help build a credible case when preserving evidence.
Photographs and Videos of the Crash Site
Photographic and video evidence is generally quite reliable in trucking accident cases, as it allows the reviewing assessor of an insurance agency or the relevant authorities of the court to examine the crash scene with their own eyes. This helps rule out the bias of witnesses or murky details. Photographing both the vehicles and the surrounding area for any relevant landmarks or road signage may help strengthen a case.
Black Box Data
In addition to photos and videos, preserving evidence from the black boxes of the cars and trucks may help give clarity on what happened leading up to the trucking accident. Black boxes record vehicle details as the vehicle drives, and are generally able to be salvaged in the event of a crash. The data in a black box may include the speed and velocity of the vehicle, steering angle, impact force, and more, which could help clarify if either driver was in violation of certain traffic safety laws at the time of the crash.
For more information on how traffic violations may impact trucking accident cases, consider speaking with an experienced trucking accident lawyer like Louisiana Law Lady.
Police Reports
Police reports may also provide an unbiased assessment of the trucking accident, which may help support a case in court. Police reports may include the information of any drivers involved, witness statements, and the reporting officer’s personal assessment of the accident. Having access to this report may help a driver pursue compensation. Keep in mind that there are frequent errors on police reports, so while they are helpful, they cannot prove your entire case.
Medical Records
When it comes to compensation, courts may also take into account the damages incurred by injury. Having up-to-date and accurate medical records, including bills from injuries sustained in trucking accidents, may help provide an accurate picture of the financial damages sustained by the driver. Understanding the value of medical documentation can help strengthen a trucking accident case.
Inspection and Maintenance Reports
Truckers in particular may benefit from keeping a record of their equipment’s inspection and maintenance reports. Trucks are often under high strain due to heavy loads and long operating hours, which can lead to equipment failure. Accurate documentation of maintenance and service may show that due care was taken to service the vehicle despite an equipment failure.
Benefits of a Trucking Accident Lawyer
For those pursuing compensation, preserving evidence, and seeking justice, there may be a difficult battle ahead. Legal codes can be complex and difficult to understand, and understanding the details of a case may be crucial to securing fair compensation.
In addition to this, the state of Louisiana subscribes to the model of pure comparative negligence, per CC 2323. This means that the degree of fault the court ascribes to the plaintiff may reduce the amount of compensation received. A skilled Louisiana trucking accident may be able to assist in many ways.
Case Analysis
An attorney for trucking accidents may be able to help assess a case and provide direction and counsel. A deep understanding of state laws and procedures may give them a unique insight into a given case. Experience in the courtroom may also help them to anticipate arguments against the case and help prepare for them.
Evidence Gathering
Due to their understanding of Louisiana’s legal processes, an attorney for trucking accidents may be able to help compile evidence by seeking out witnesses, evaluating existing materials, and finding information that the driver may have missed. Preserving evidence is often key to presenting a case for compensation, which means the help of an attorney may be valuable.
Negotiation With Insurance Companies
Additionally, one of the more difficult aspects of trucking accidents is negotiating with insurance companies and adjusters. The role of the insurance adjuster is to protect the interests of their company, which means an unscrupulous adjuster could offer an unfair deal to an unsuspecting driver. A trucking accident lawyer may be able to assess the value of a claim and negotiate on behalf of their client to protect their interests.
Case Example:
Trucking cases are document-intensive, and the federal trucking regulations have short timelines for some documents. For example, record of duty status (more commonly known as hours of service logs or driver logs) are only required to be retained for 6 months after creation. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.8
If your truck accident lawyer doesn’t immediately send a letter instructing the trucking company to save those logs, then they will usually be destroyed. By the time the lawyer realizes the logs would be helpful, it’s too late.
Contact a Dedicated Louisiana Trucking Accident Attorney Today
Preserving evidence in trucking accidents is often key to building a strong case for compensation. However, this may require a knowledge of Louisiana’s state laws, negligence policies, and court processes. Preserving evidence in and of itself may be difficult, depending on the nature of the trucking accident and the complicating factors involved. For more information on how to build compelling cases for trucking accidents, consider speaking with a skilled trucking accident attorney with Louisiana Law Lady. Schedule a consultation or free case review today by calling (504) 470-3511.