Mishaps involving large trucks cause some of the most traumatic injuries in West Virginia. These accidents often involve much more physical, emotional and financial damage than accidents involving passenger cars. Fatalities are also more common. Anyone involved in a complex truck accident should gather as much evidence as possible to ensure a solid case.
Anyone who intends to pursue a lawsuit against the trucker and trucking company involved in a motor vehicle accidents in which serious injuries occurred should gather several pieces of crucial information to help prove their case. If someone remains too severely injured in the incident’s immediate aftermath, a family member can help gather the needed documents. The sooner you obtain these, the better, as you can start building your case.
Truck accident victims and their families should obtain the following:
- Official accident reports generated by the police and certified trucking inspectors that examine evidence on the scene to determine whether vehicle defect, an overweight load, low tire tread, loading irregularities, or other malfunctions contributed to the accident.
- Photos, videos, and witness statements that detail skid marks on the road, vehicle damages and personal injuries like cuts, bruises, and broken bones.
- Alcohol and drug testing reports required by federal law.
- Electronic trucking logs required by federal regulations that detail how long the trucker had driven the vehicle and whether rest periods were observed correctly.
Get help when gathering evidence
Although you can obtain many of these documents on your own, you may need help in getting others that prove your personal injury claim. One such document is “evidence requested in a spoilation letter,” where injured parties in a trucking accident ask that all evidence generated from the accident remain preserved for use in the case. This information goes beyond information from the incident and can include the truck driver’s qualifications, dispatch instructions, etc.
Having thorough information about the incident and the truck driver can help prove your negligence claim. You can use proceeds from a successful lawsuit to pay for medical and physical therapy treatments, living expenses, lost wages and pain and suffering.