Injury claims for crashes involving large commercial vehicles, such as tractor-trailers, can be complex for various reasons, including the severity of the injuries. Navigating the process is also more challenging because you must file a claim against the commercial trucking entity and understand the federal and state regulations that truckers must follow.
Prompt action to gather comprehensive and crucial evidence is essential to prove the extent of liability and your injuries and other damages. A board-certified attorney can offer help and further information regarding evidence in Memphis truck accident cases. Contact The Law Office of David E. Gordon & Elissa M. Coombs to schedule a free consultation.
What Evidence Can Help Establish Liability?
The first step in building a strong case is an investigation to collect the evidence necessary to prove that the trucker’s actions were negligent and that the collision was avoidable. The police accident report is vital, as this official document contains key information gathered by the responding officers, such as their observations, citations, and witness statements.
Photographs and videos taken by cell phones at the site of a heavy-duty vehicle collision in Memphis are also crucial evidence to demonstrate the severity of the damage and document the scene, including road conditions, defects, traffic signs or controls, and skid marks. In recent years, it has become common to recover dash cam footage from the injured client’s vehicle, the truck, or other witnesses nearby. The footage can support testimony or witness claims and provide an unbiased account of the accident’s cause.
Vehicle Electronic Data and Operator Documentation
The appropriate vehicle electronic data and operator documentation are also essential to support the claim. This includes:
- The black box, which records information such as speed and braking activity at the time of impact
- The electronic logging devices (ELDs) that record the driver’s hours of operation and ensure compliance with federal regulations
- The hours-of-service log if the ELD data is unavailable
- Trucker qualification files, such as commercial driver’s license records, medical history, certifications, and completed training
- Post-accident alcohol and drug test results
- The truck operator’s cell phone records, to verify whether they were texting or talking on the phone when the crash occurred
- The operator’s employment history, to check for previous instances of poor performance or recklessness
- The tractor-trailer’s maintenance, repair, and inspection records, to determine whether the trucker or the company employing them maintained the vehicle as the laws require
Tennessee follows the federal hours-of-service regulations, which govern the maximum amount of time drivers can be on the road, the frequency of breaks, and the minimum amount of time they must remain off duty. The federal government agency, called the Federal Motor Carrier Safety Administration, regulates and oversees the industry for highway safety.
This organization governs the relevant rules and regulations, limiting the maximum time truckers can operate vehicles to 11 hours after being off duty for at least 10 hours. Times may vary depending on various factors. David and Elissa can review specific cases and provide specific information regarding evidence in truck wreck cases.
Client Records
The injured individual must also gather the information needed to establish their driving history and prove the seriousness of their bodily injuries and other damages and losses. Documentation required from the petitioner in a Memphis tractor-trailer crash case includes medical records, statements or testimony from healthcare providers, and documentation from their employer.
That may also include documentation to prove psychological injuries, such as an affidavit from a counselor or therapist and testimony or written statements from family and friends. Finally, the injured person may need to obtain a driving history report and any other relevant information to support their claim and establish the trucker’s liability.
Call an Experienced Memphis Attorney Today About Proof in Semi-Truck Collision Cases
Truck crashes can leave you with painful injuries and other financial losses. When a trucker’s carelessness causes you harm, you must hold them legally responsible.
Call an experienced lawyer today to learn more about evidence in Memphis truck accident cases. The Law Office of David E. Gordon & Elissa M. Coombs can help you through the process, provide support, and fight for a fair outcome.
