Being involved in an accident with a commercial truck is often challenging and overwhelming. Due to the size, weight, and scale of these vehicles, truck accidents often result in significant injuries, psychological trauma, and financial hardships, which can make it difficult to know what steps to take and how to pursue the compensation you need.
If you are considering filing a claim following a truck accident, it's important to preserve specific types of evidence, as this will play an essential role in building a strong legal case and helping you pursue damages for the harm you suffered.
Harris & Hart Attorneys at Law, located in Overland Park, Kansas, are experienced in helping truck accident victims understand their rights and gather critical evidence to support their claims. Reach out today to schedule a consultation.
Why Evidence Matters in a Trucking Accident Case
Unlike passenger vehicle accidents, which typically involve the drivers of those vehicles, trucking accidents often involve multiple parties, including the truck driver, trucking company, and potentially the manufacturer of truck components.
Therefore, determining liability after a truck accident can be complicated, and strong evidence is required to establish fault. Without adequate evidence, proving negligence or misconduct can be significantly more challenging. Evidence helps to establish the facts of the case and supports your claim to recover compensation for medical expenses, lost wages if you can't return to work, or property damage.
Trucking companies and their insurers often act quickly to protect their interests after an accident. They may deploy investigators, adjusters, and attorneys to gather information that could be used to reduce or eliminate their liability. This underscores how critical it is for you to collect and preserve evidence early on so you can support your side of the story.
Types of Evidence to Preserve
If you or someone you know has been injured in a truck accident in Kansas or Missouri, there are several types of evidence that you and your attorney should concentrate on gathering and preserving after the accident. These include the following:
Accident scene evidence: If possible, collect photos and videos from the accident scene. This evidence can often capture important details, such as the positions of the vehicles, skid marks, road conditions, weather, and any visible damage. If you are physically able, take photos or videos from multiple angles.
The truck's data and logs: Modern commercial trucks are equipped with electronic logging devices (ELDs) and event data recorders (commonly referred to as "black boxes"). These devices can provide crucial information about the truck's speed, braking, and other operational details that lead up to the crash. Additionally, driver logs that state their recorded hours of service can help determine whether the truck driver was fatigued or violated federal regulations.
Police and accident reports: Call law enforcement to the scene and have them file an official report of the accident. These reports often include observations from the scene, witness statements, and the officer's initial assessment of fault. Be sure to obtain a copy of the police report for your own records. This can often be used as a foundational piece of evidence when filing a claim.
Witness testimonies: Eyewitness accounts can often provide powerful support for a truck accident claim. If possible, collect the names, phone numbers, and any other relevant contact information of anyone who witnessed the accident. Their statements could potentially help corroborate your version of events.
Medical records: Immediately after the accident, seek medical help from a licensed healthcare professional and obtain a copy of all records of your medical care and treatments. These documents can be used to demonstrate the extent of the harm you suffered and link your injuries directly to the collision.
Truck inspection and maintenance records: Trucking companies are responsible for maintaining their vehicles in a safe operating condition. Following an accident, request copies of the vehicle's inspection and maintenance records. These documents can often reveal whether the truck involved in the collision had any unresolved mechanical issues that might have contributed to the accident.
How to Preserve Evidence After a Truck Accident
Following a trucking accident, taking the proper steps to preserve evidence can significantly strengthen your case and improve your chances of obtaining fair compensation. Some of the essential actions you should take with the help of your attorney include the following:
Act quickly: Time is of the essence when preserving evidence. Accident scenes are typically cleared quickly, especially on busier roads, and critical evidence could be lost or altered. To prevent this, gather as much evidence as possible while at the scene.
Consult an attorney: Reach out to an experienced personal injury attorney who is experienced in handling trucking accident cases. They can help you secure critical evidence and issue spoliation letters, which formally request that relevant parties preserve specific evidence. This can include truck data, maintenance records, and more.
Document your injuries: Take photographs or videos of any visible injuries as soon as possible, and continue documenting your recovery process. Keep a journal detailing how your injuries have affected your daily life, including any physical pain, emotional struggles, and limitations in performing routine activities.
Secure expert opinions: With the help of your attorney, consult accident reconstruction experts and other specialists who can analyze your evidence to help establish what happened and who was at fault. These analyses often carry additional weight when pursuing a claim because they are based on expert testimony.
Request available footage: Depending on where the accident occurred, surveillance cameras, dash cams, or traffic cameras may have captured the accident. Request copies of this footage as soon as possible, as some systems automatically delete recordings after a short period.
Contact a Trucking Accident Attorney in Kansas City Today
If you or someone you know has been injured in a trucking accident, collecting and preserving critical evidence is essential for pursuing the compensation you need. Evidence can often be lost or destroyed with time, so acting promptly is in your best interest.
Based in Overland Park, Kansas, Harris & Hart Attorneys at Law understands the difficulties trucking accident victims face. The firm has extensive experience in handling complex truck accident cases and is well-versed in helping clients preserve evidence to protect their rights.
The firm serves clients throughout Kansas City, including Johnson County, Leavenworth County, Linn County, Miami County, Wyandotte County, Lee’s Summit, Independence, Cass County, Jackson County, Clay County, Platte County, and Ray County. Reach out today to schedule a consultation.
