You are eligible for compensation if you were in a truck accident due to another person’s negligence. But you must prove that another person was responsible for the accident and your injuries. You must be clear about the responsible party and their involvement in the accident. You must also demonstrate that your injuries and damages were a direct result of the accident. That is the only way a civil court judge will grant your damages in a civil suit.
Obtaining, preparing, and presenting the needed evidence can be challenging if you need help understanding the law or are recovering from your injuries. You need the help of a skilled personal injury attorney to file a solid lawsuit against the responsible party. We can help you understand the type of evidence you need and where to find it at Dallas Horton & Associates. We can help you prepare and file the proof within the required timeline. We will fight alongside you until you receive the compensation you deserve for your damages if you have been injured in a Las Vegas truck accident.
Evidence to Demonstrate Negligence
The basis of personal injury lawsuits is usually negligence. You must demonstrate that someone caused the accident in which you incurred damages through negligence. The law requires you to show that someone owed you a duty of care, which they breached to cause the truck accident. It could be that the driver needed proper training, was driving while intoxicated, was distracted, or the truck did not undergo proper maintenance. Here are some elements that could help you prove negligence in a truck accident lawsuit:
Accident Scene Photos and Videos
The accident scene is where to start when collecting evidence for a truck accident lawsuit. More often than not, people who witness accidents take videos and photos that you can use to support your case. Your attorney can also take pictures right after the accident before crucial evidence is lost.
Accident scene pictures and videos can show yaw marks, gouge marks, potholes, and skid marks that can explain the cause of the accident or how it occurred. These are some of the details that can be lost quickly, so your attorney must act fast. You can request someone else if you do not have an attorney and are too injured to take pictures.
Pictures and videos of the accident scene will also show the status of road signage close to and around the scene. For example, if there was a speed limit and the driver was speeding during the accident, that could help you prove negligence. If the road signage were missing or defective and caused the accident, the government agency responsible for road maintenance would be accountable for your damages.
Pictures will also show the status of everyone and everything involved in the accident, including vehicles, motorcycles, and pedestrians. If multiple vehicles are involved, capturing them all and determining their involvement in the accident is advisable. It could be that the liable party is not the truck driver but another motorist. Take detailed pictures of your vehicle to demonstrate the accident's impact. Include everything else that could have been damaged in the accident.
Lastly, take detailed pictures of your visible injuries, even the ones that appear minor. It is crucial to have that information before starting treatment. That shows you never sustained the injuries before or after the crash but in that particular accident.
Ensure that all your pictures provide details of the accident you want to show. You can take several images from different angles. Some photos can be taken at close range, while others can cover a larger area to show the accident scene.
Police Report
The police are among the first responders at an accident scene. They gather evidence and interview eyewitnesses to develop a report. You can ask for that report to obtain details that could help you determine the liable party and their involvement in the accident. If you are involved in an accident, you should call the police immediately.
Phone Data
You can obtain the driver’s phone records if you suspect they were talking or texting on the phone while driving, which is a traffic violation. Remember that distracted driving is also a common cause of truck accidents. The total liability for your damages will fall on them if evidence shows that the driver negligently failed to observe road safety rules.
Events Data Recorder
The truck’s event data recorder can provide crucial information in establishing the cause of the accidents and the liable party. The recorder contains events right before the accident that could help you figure out what transpired and the possible cause of the accident. In the accident, it could implicate the driver, the trucking company, or another driver. For example, if the brakes failed or the driver was speeding, the recorder will provide solid evidence to support your claim.
Driver BAC Results
If you suspect that the truck driver was operating while intoxicated, you can request their blood-alcohol concentration results to support your claims. If their BAC exceeds the standard, you can file a claim against them for compensation.
Cargo Records
An experienced personal injury attorney will also consider checking cargo records for information that could help establish the liable party. Trucking companies must keep a record of what a driver is transporting at a particular time, the loading records, and the weight of the cargo. Your attorney can obtain the bill of lading to understand what the truck was transporting. They can also check the weight against the weight the truck is authorized to carry. The trucking company is responsible for the accident if the cargo exceeds the authorized weight. The truck driver will likely lose control if they exceed their carrying capacity.
Your attorney must also consider how the cargo was loaded into the truck. The law provides guidelines to ensure that the cargo is well-balanced in the truck. The balance keeps the truck stable and safe on the road.
Eyewitness Statement
You, another person, or your attorney can interview a few eyewitnesses to obtain a more precise account of how the accident occurred. Some eyewitnesses provide crucial information that could help establish the cause of the accident and the liable party. It is vital to conduct these interviews right after the accident, before the eyewitnesses leave or forget how the events occurred.
You will need these eyewitnesses to testify in court once you file a claim. Thus, ensure you have their names, contact details, and addresses so you can reach out to them when the time comes. It could take a while before your case is heard. It will be easy to track them down when you have their contact information.
Truck Maintenance and Inspection Records
Trucking companies must properly maintain their trucks to keep them safe on the roads. They must also maintain regular maintenance and inspection records to prove their vehicles are road-worthy. Maintenance ensures that every part of the vehicle is functioning as it should. If one or more parts are faulty, they must be replaced immediately. Only cleared trucks must operate. If a trucking company fails to follow these guidelines, it is responsible for the resulting damages if the truck is involved in an accident.
An aggressive personal injury attorney can obtain these records to determine fault in a truck accident. Your attorney can request the company for the records or subpoena the documents if the company is unwilling to cooperate.
Investigation Report from National Transport Security Board
The NTSB conducts an independent investigation and compiles a report whenever a vehicle accident occurs. They use accident experts and other critical resources to ensure they obtain accurate results in their investigation. This report can contain the crucial information you need to establish liability. You can ask for this report through your attorney to support your claim.
Investigation Report from a Reconstruction Expert
If it is challenging to determine the cause of the truck accident, your attorney can enlist the help of an accident expert. These experts use the evidence provided and other forensic evidence to reconstruct how the accident occurred. It will help determine the cause of the accidents and the responsible party.
Reports from accident reconstruction experts are admissible in courts. If you can afford to hire one, you will have solid evidence to support your claim, which could improve your chances of obtaining the compensation you deserve.
Dash Camera Records
Trucking companies install various safety accessories and take numerous safety measures to keep their trucks and drivers safe while on the road. Installing a dash camera is one of the latest safety requirements trucking companies use to establish the events right before an accident. For example, it can help you verify the condition of the road when the accident occurred. The dash camera records can provide that information if the driver was speeding, driving recklessly, or tailgating the driver at the front. Thus, if you suspect that the driver negligently caused the accident in which you were injured, your attorney can obtain this information and use it to support your claims.
Traffic Citations
In desperate situations, your attorney can use traffic citations to demonstrate a particular pattern by the driver if you suspect the driver to be the liable party. You can obtain these citations from the police or FMCSA records. All drivers, including interstate motorists, must obey all traffic regulations provided by the FMCSA. For example, they must not drive while intoxicated or when suffering from a grave health condition. Motorists must always be alert, with their eyes on the road. If any of these regulations are violated, drivers will receive traffic citations. Your attorney can use these citations to prove negligence based on the driver’s records.
Driver Qualifications
Drivers must obtain the required training and pass all written and practical tests to obtain a license. Truck drivers require a separate license, which they receive after taking further training and passing the required tests after training. The driver must undergo on-the-job training to acquire the experience needed to perform. An ordinary driver can only safely operate a truck once they receive the required training and experience.
Trucking companies must be careful about the qualifications of the drivers they hire. They must ensure that the river has the required training, experience, and license to start ferrying goods. Sadly, some companies do not consider all the requirements to avoid paying highly qualified drivers. If the driver who caused the accident in which you were injured was not fully qualified to operate a commercial vehicle, the trucking company will be responsible for your damages.
An experienced attorney can obtain the driver's employment records to establish whether the company followed the required procedures in hiring. If not, it will be responsible for negligently causing your damage.
Truck Inspection Records
If you suspect the truck was defective or had a faulty part that contributed to the accident, your attorney can obtain the truck inspection records. Sometimes trucking companies dismiss some faults as minor, only to regret them after a devastating accident. The truck’s inspection records will show the truck’s condition in detail, as shown in the previous record. It will also show how often the company conducts the most recent inspections.
If a mechanical issue or a faulty part was not correctly handled or noticed on time, the trucking company will be responsible for your injuries. Remember that trucking companies have safety guidelines to follow before allowing commercial vehicles on the road. The inspection records must show how functional the vehicle's air brakes, air systems, lights, reflector systems, and safety equipment were. It will also show the conditions of the tires, rims, and engine compartment belts.
Evidence that The Accident Caused Your Injuries
The law requires you to demonstrate that the truck accident was the direct cause of your injuries. Simply claiming it is insufficient to compel the judge to grant your damages. Your skilled attorney must connect the accident to your injuries and the damages in your claim.
Evidence for Your Damages
After establishing the liable party, you will need evidence to demonstrate your damages. The strength of your evidence will determine your case’s success with the court or insurance company. The insurance provider will be willing to settle out of court when unsure of winning the lawsuit. Here are examples of evidence to prove your damages:
Medical Evidence
It is advisable to seek medical help right after the accident. That will help with the recovery and prove that you sustained an injury after the accident. You need to visit the hospital even if you physically feel alright. Sometimes, you could feel okay because you are in shock, only to realize an injury after a few days or weeks. Allow a doctor to examine you for any injuries related to the crash and write a report about them and your treatment plan. The judge will need to see that and any other medical-related report you have to grant your damages.
Your claim must include the amount you seek compensation for and evidence to support it. Thus, obtain records from emergency visits to the hospital, doctors, nurses, and caregiver’s reports about your injuries, experts you consulted, diagnostic reports from the lab, x-ray examinations and CT scans, and over-the-counter medication you bought. Ensure that all these records are related to the truck accident.
Your medical report must show your diagnosis, what you have been treated for, and any continuous medical needs you have. If you need a psychological evaluation or will require therapy and counseling in the future, include it in your claim.
Proof of Lost Wages or Earnings
If you could not go to work for a few days, weeks, or months following the accident, you must include that information with supporting evidence in your claim. You deserve compensation for any lost earnings or wages incurred during your recovery period. If you stayed in the hospital for weeks or months after the accident, you can present that information in court as proof of lost working days. Also, include the days you had to stay home to recover from your injuries.
Your attorney will help you determine that damage by multiplying the days you lost by the approximate amount you make in a day in your job or business. The judge will then order the liable party to compensate you fully for your lost earnings.
Proof of Lost Earning Ability
You must provide supportive evidence if you seek compensation because you lost your earning capacity. For example, you can obtain a doctor’s report detailing how you can no longer engage in gainful employment due to your injury. If you suffered a stroke, permanent brain damage, or lost your limbs, that could support your claim. A skilled attorney will also demonstrate your inability to work to ensure you receive the compensation you deserve.
Proof of Property Damage
You must present proof of damage to the court if you lost something valuable in the accident, whether your car, mobile phone, or laptop. You can physically bring the damaged item or provide pictures of the damage and how much it will cost to replace or repair it.
Proof of pain and Emotional Distress
If you include non-economic damages in your claim, like pain, suffering, and emotional anguish, the judge will grant them if you have sufficient proof. Unfortunately, these are some of the most challenging damages to prove because there is usually no tangible evidence that you were in pain, distress, or mental anguish. But an aggressive personal injury lawyer will know best how to demonstrate them to ensure you receive adequate compensation for your suffering.
Remember that truck accidents are usually very devastating. You will likely sustain a significant injury or lose your life after a truck accident. Suffering is inevitable in that case. But you need the help of an experienced attorney to convince the court how much you and your loved ones suffered due to the accident.
Your Evidence Must Be Admissible
Gathering evidence usually does not guarantee that you will use it to support your claim. You must ensure that your evidence is sufficient and admissible in court. Your skilled personal injury attorney will help you understand what makes evidence admissible and what could cause some of your evidence to be inadmissible.
For example, you must base your argument on something other than hearsay. You cannot claim that someone told you that the driver was driving while intoxicated or that the company did not maintain their vehicles. You must demonstrate that with solid evidence for the judge to accept your claim.
Admissible evidence must be related to the case, well prepared, and preserved. If you want to use pictures and videos, they must first be authenticated to be admissible. They must also have come from a reliable source. The reports you use to support your claim must also be reliable. For example, you can use police and expert reports. The court cannot admit evidence if it is unsure that you or someone else tampered with it after collection.
Your evidence must also be credible. If you use eyewitness testimonies, the eyewitnesses must be credible and reliable. If not, the judge will throw out that evidence.
Find a Competent Personal Injury Lawyer Near Me
Do you or someone you love need to file for compensation after a truck accident in Las Vegas?
You need sufficient, reliable, and credible evidence to support your claim. Civil court judges rely on the strength of evidence to determine lawsuits. However, it could be challenging to gather evidence if you have yet to recover from injuries or loss (in the case of a wrongful death). You need a skilled personal injury attorney to help you with all the legal processes to improve your chances of success.
Our Dallas Horton & Associates attorneys have excellent skills and experience handling truck accident lawsuits. We know the exact type of evidence you need, where and how to gather it, and how to prepare and present it in court. We will protect your rights and fight with you until you are happy with the outcome of your case. Call us at 702-820-5917 to discuss your case and our services further.
