Our Experienced Truck Accident Lawyer Explains How Critical the Right Evidence Is to Your Claim for Compensation

When a truck driver’s wrongdoing compromises your safety and forces you to face a lengthy recovery and mounting medical expenses, you have every right to seek a settlement that helps compensate you for collision-related losses. But what type of evidence is needed to prove—and hopefully win—your truck accident claim? 

At Rechtman & Spevak, we understand the unique types of evidence required to prove negligence in trucking accident cases. We’ll partner with you in your pursuit of a personal injury claim by providing resources to gather all aspects of evidence and fight for the damages you deserve from all liable parties.  

Evidence to Collect at Your Georgia Truck Accident Scene

Unfortunately, when an 18-wheeler or semi-truck is involved in a collision, the results are often catastrophic, frequently leaving victims with significant physical, emotional, and financial burdens. You may be entitled to damages if you have suffered injuries in a truck crash, but proving your case requires solid evidence.

After you’re in a semi-truck crash, collecting evidence at the scene is vital to building a strong case. It helps determine your truck crash's cause and prove it. If you’re able, you might be able to do some of this yourself, but if not, asking a family member or friend to help is important. Here’s what we recommend:  

  • Contact information. This includes details on the trucker, their employer, and their insurance company. You’ll need this information to file your claim.
  • Police report. Call 911 immediately so both emergency medical personnel and law enforcement arrive on the scene. Then, request a copy of the police report. The attending officer's report can provide essential facts about how the semi-truck accident happened and who was at fault for it.
  • Photographs and videos. This documentation provides additional proof your attorney will use to establish the cause of the accident. Record damage to your car and the commercial vehicle, skid marks, road and weather conditions, and any visible injuries you suffered. 
  • Witness statements. Eyewitness testimony is another form of compelling evidence to corroborate that the truck driver's negligence caused the collision.

If you secure legal representation right away with our experienced truck accident team, we’ll also help you preserve and collect valuable information to support your case. 

Additional Evidence Necessary to Prove Your Injury Damages

Your case also benefits from documentation that outlines the extent and severity of your injuries, and the economic and non-economic damages detailed in your claim for compensation. Keep track of all:  

  • Medical bills and records. Save all the records and expense statements related to your injury diagnosis, treatment, and rehabilitation, including hospital bills, doctor's visits, medications, assistive equipment, specialist visits, and other costs.
  • Wage loss documents. If your injuries caused you to miss work, gather documentation of your lost wages, including pay stubs and statements from your employer.
  • Property damage receipts. These include all repairs to your vehicle, the loss assessment from your insurance company, or other property damaged in the accident.
  • Insurance policies. Our team obtains information on policies held by the trucker, the fleet company, and any other parties potentially responsible for your accident. This informs us regarding how much liability insurance coverage there is to compensate you.

Unique Evidence You Need in an Atlanta Truck Accident Case 

Truck accidents differ from other motor vehicle collisions and often require specific types of evidence to prove your case. The cause of your collision could be due to violations of Federal Motor Carrier Safety Administration (FMCSA) regulations, such as hours of service rules

Unfortunately, the trucking company has much of this evidence and won’t give it to you voluntarily. However, our knowledgeable truck accident lawyer will send the company a spoliation letter demanding this evidence and advising them not to destroy the requested documents. 

Here are some types of evidence we may request from the trucking company: 

  • Electronic logging device. Commercial trucks often have electronic logging devices (ELDs) that track the driver's hours of service. This data can be crucial in helping us determine if the trucker was in compliance with federal regulations regarding rest breaks and driving hours.
  • Truck dashcam footage. Many semis, 18-wheelers, tanker trucks, and other large commercial vehicles are equipped with dashcams that record footage of the road ahead or the truck operator in the cab while they’re driving. This footage can provide valuable evidence of their actions leading up to the crash and the incident itself. 
  • Truck maintenance and inspection records. Our team also requests this documentation to determine whether mechanical issues contributed to the accident, and if all parties were complying with their duties to inspect and maintain the truck regularly under FMCSA regulations.
  • Trucker's medical certification. Commercial truck drivers must undergo regular medical examinations to ensure they’re physically fit to drive. We’ll review this certification to determine if any underlying health issues may have been one of the causes of the semi-truck accident.
  • Truck operator’s drug and alcohol test results. All drivers undergo random drug and alcohol testing, but also specifically after certain types of crashes. These test results assist us in showing if the driver was impaired at the time of the collision or had an alcohol or drug problem.
  • Truck driver’s personnel file. We also request this to establish whether the trucker was qualified to drive a large commercial vehicle and review any past disciplinary actions or performance issues.
  • Logbook. The person who caused your collision had to complete a logbook showing when they took required rest breaks. Our truck accident legal team reviews this to determine if there were any violations of the hours of service regulations. 
  • Receipts. Unfortunately, the trucker could have falsified their logbook—maybe with the encouragement of their employer—to hide the fact that they were driving longer than allowed. Comparing their gas, food, and lodging receipts while delivering their load is critical to uncovering these discrepancies.
  • Trucker cellphone and email records. Another type of evidence we pursue at Rechtman & Spevak is the truck driver's cellphone and email communications to determine if distracted driving or other violations of FMCSA rules may have been a factor in the accident.
We understand what a trying situation this is, and want to give you every assurance that we’ll weigh all evidence in your truck accident case thoughtfully, leaving no stone unturned, to help you get the results you deserve to move forward in life.
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