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If you were in an accident with a large truck, you can seek compensation for your injuries through a personal injury lawsuit against the liable parties. However, to identify the liable parties and gather the necessary evidence to hold them financially accountable, you need an attorney who can conduct a thorough investigation into the accident.
The first step in investigating a large truck accident is collecting evidence from the accident scene. Your attorney will visit the scene and photograph things like skid marks on the road, the weather conditions, and any relevant traffic signs and signals. If the truck or your vehicle is still there by the time they arrive, they’ll take pictures of those, as well.
This evidence is essential for building a strong case. For example, if skid marks are present right before where the accident took place, it may indicate that the truck driver was late applying the brakes, possibly because they were distracted while driving. Or, if the accident happened at a four-way intersection, your attorney may take photos that show all four directions had a stop sign that the trucker ignored.
If you were able to gather the names and contact information after the accident, your attorney will follow up with them to get their statements. However, because truck accidents often leave victims with catastrophic injuries, collecting witness information directly after an accident usually isn’t possible.
In these cases, your attorney may use the police’s accident report to track down witnesses. When police arrive at the crash scene, they often collect witnesses’ names and contact information and add that information to their reports.
Eyewitness statements can be vital evidence, offering an objective view of the crash that may corroborate your version of events. Witnesses may also be able to provide additional context for the accident if they saw the events leading up to it.
After gathering some general evidence, your lawyer will be able to identify the liable parties in your case. The truck driver is usually one of these liable parties, but they may not be the only one. Some of the other parties that could share liability for your injuries include:
It’s essential that your lawyer identifies all liable parties so you can file lawsuits against each of them and maximize the possible compensation you could receive.
All truckers must carry a logbook (either physical or digital) in their cab at all times. In this logbook, they have to record how long they were driving, their mileage, and when their last break was, among other things. The purpose of the logbook is to make sure the driver is following the hours of service regulations set out by the Federal Motor Carrier Safety Administration (FMCSA).
The FMCSA’s hours of service regulations for truckers are in place primarily to prevent fatigued driving. Fatigued truck drivers are more likely to make mistakes that result in significant accidents.
During the discovery phase of your lawsuit, your attorney can request a copy of the trucker’s logbook. They’ll typically do this if there are questions about whether fatigue contributed to the accident.
If any businesses contributed to the accident, your lawyer will review their practices and determine if a systemic issue at the business is to blame. For example, trucking companies that encourage drivers to speed to make faster deliveries may be liable for injuries. Also, cargo loaders that routinely secure cargo improperly may be liable if shifting weight causes an accident.
Even a one-time error can leave a company liable for your injuries. However, if your lawyer can demonstrate a pattern of negligence, that will make your case stronger.
Expert witnesses are vital in complex injury lawsuits like those arising from truck accidents. Truckers and trucking companies must follow various local, state, and federal laws, and lawyers often hire experts within the trucking industry to testify how the driver’s or company’s actions deviated from the norm and violated those laws.
For example, let’s say a cargo loader didn’t use the proper tie-downs, and cargo fell off the back of a truck and caused your injuries. In this case, your lawyer may hire an expert to testify about the proper tie-downs, how the cargo should have been secured, and why the cargo loader should have known that what they were doing was cutting corners.
Other expert witnesses hired in truck accident cases include crash reconstruction specialists, medical professionals, and even financial experts.
Finally, your lawyer will review your medical records to connect your injuries to the accident and calculate your medical expenses and other losses. Your medical records are among the most important pieces of evidence in your commercial truck accident case, and your lawyer will need to review them thoroughly.
The liable parties’ insurance companies may try to claim that your injuries aren’t the result of the action, such as by saying you had pre-existing conditions or that you didn’t receive the proper treatment that would have helped you recover faster. They may even say some of your treatments weren’t reasonable and necessary, so they don’t want to cover them. To fight back against these claims, your attorney must be familiar with your medical records.
If you suffered an injury in a large truck accident in St. Louis, Missouri, call Goldblatt + Singer at (314) 231-4100 or contact us online for a free consultation with an experienced truck accident lawyer. We’ll review your case, explain your legal options for seeking compensation, and walk you through our process of investigating the accident that caused your injuries.