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Evidence to Win Your Truck Accident Case

Immediately following a trucking accident, evidence must be compiled for possible criminal charges as well as civil charges, such as a personal injury lawsuit. The necessary evidence will focus on the truck accident scene, property damage, injuries involved, and information about both the truck driver and the trucking company. If you are involved in a truck accident case and seeking to gather evidence, it’s crucial to consult with a legal professional for advice tailored to your specific situation. Here are some types of evidence that might be relevant in a truck accident case:

  1. Police Reports: Obtain the official police report from the accident scene. It typically contains details about the accident, statements from witnesses, and the officer’s assessment of what happened.
  2. Photographs and Videos: Take pictures or videos of the accident scene, including damage to vehicles, road conditions, traffic signs, and any relevant factors. This visual evidence can help establish the conditions at the time of the accident.
  3. Witness Statements: Collect statements from any witnesses who saw the accident. Their observations can be valuable in supporting your version of events.
  4. Truck Driver’s Logbook: If the accident involves a commercial truck, the driver’s logbook may contain information about their driving hours, breaks, and adherence to regulations. This can be crucial in cases involving driver fatigue.
  5. Maintenance Records: If poor maintenance is suspected, gather records showing the truck’s maintenance history. This could include inspection reports, repair records, and service logs.
  6. Electronic Logging Devices (ELD): Many commercial trucks are equipped with ELDs that track the driver’s hours of service. These records can be used to determine if the driver was in compliance with regulations.
  7. Black Box Data: Some commercial trucks have event data recorders (EDRs), similar to black boxes in airplanes. This data can provide information about the truck’s speed, braking, and other relevant details leading up to the accident.
  8. Medical Records: Document your injuries with medical records, including diagnoses, treatments, and prognosis. This information can help establish the extent of your injuries and link them to the accident.
  9. Expert Witnesses: In some cases, expert witnesses such as accident reconstruction specialists or medical professionals may be called upon to provide their opinions on the circumstances of the accident and the resulting injuries.
  10. Insurance Information: Obtain and preserve insurance information for all parties involved. This includes the truck driver’s insurance and potentially the trucking company’s insurance.

Remember, it’s essential to consult with a lawyer who specializes in personal injury or truck accident cases. They can guide you on the specific evidence needed for your case and help you navigate the legal process.

Evidence at the Scene of the Truck Accident

It is rare when a truck accident scene does not provide enough evidence to allow investigators to determine what happened and who was at fault. Processing and preserving evidence at the scene of the accident should be done by police, but it is important for you as the victim to record what has occurred, including photographs of the damage and the area, gathering witness information and so on.

Attention to detail is an absolute requirement in preserving evidence as it includes:

• Carefully photographing the scene of the accident (to include all vehicles involved, all placards and markings on the commercial vehicle; personal injuries of all parties involved, and the surrounding area);
• Collecting and photographing physical evidence such as skid marks and crash debris;
• Notating the immediate area to include sight distances, environmental conditions, and any visual impediments;
• Securing police accident documents to include any photos and videos the investigating officer compiled;
• Immediately arranging to have the commercial truck inspected by an expert;
• Securing the commercial vehicle’s black box and arranging for the contained information regarding pre and post accident speeds and conditions to be downloaded; and
• Talking to witnesses and the investigating officer and recording their statements.

If you are too injured to take photographs or even speak to police immediately after your truck accident, it is important to seek the assistance of a truck accident lawyer as soon as possible so they can analyze your police report and start collecting evidence vital to your case.

Evidence from the Trucking Company

Beyond the evidence that must be collected at the scene of the trucking accident, evidence must be collected from the trucking company. This evidence will contain information regarding:

• Driver qualification files and proper documentation;
• Hours of service regulations;
• Drug and alcohol testing the company has performed on the driver in the accident;
• Information regarding hazardous materials transportation to include the companies’ policy on such materials;
• Securing depositions of company personnel including the driver;
• Maintenance records, trip inspection reports, driver’s logs, and other applicable documents for the commercial vehicle; and
• Information on all shippers or cargo handlers who may share liability for the victim’s damages.

Accident reconstruction performed by experts

A full-blown trial on a trucking accident may also involve an accident reconstruction performed by experts in the field. It is vital that none of the vehicles involved in the truck accident are repaired prior to this occurring as it could prevent accurate results from being compiled. After collecting the evidence from the truck accident scene and from the trucking company, your truck accident lawyer will be able to determine who is at fault and start working on your case. Even something as simple as a log book can determine negligence if the truck driver was working longer hours than allowed by federal law. That’s why a qualified truck accident attorney is so imperative to your personal injury case.

When it comes to auto accidents, the first thing that comes to mind is a severed vehicle on the side or across the road. This is not always the case. There are many forms of accidents some which are so minor that they go unnoticed. Taking the motor vehicle engine for example, there are so many features that can lead to accidents. However, the most common auto accidents involve burn injuries.

A burn injury is defined as the damage to the skin or any other body organ from contact with heat, electricity, radiation or chemicals. A vehicle has the capability to cause all this types of burns, which can range from first degree burns, to second degree, to third degree. Care should be taken when dealing with the mechanical parts of an auto mobile and especially the engine when the vehicle has been running for some time.

Essentially, burn injuries are caused by heat either from steam or the touch of hot metal. However, there are other causes which include radiation, chemical burns, electrical burns and inhalation burns which can be caused by the inhalation of car battery acid. Some people assume these factors only because they are not popular but the truth is they carry the intensity to drive you to the grave, while the vehicle stands in your garage.

Moreover, it is imperative to note the effects of severe burn injuries. For one, you can totally lose their sense of touch as they kill the sensory nerves, lose the ability to perspire, change your body appearance and even limit your body motions. It does not matter whether you can handle the pain or not, once these auto accidents occur, you should seek medical attention as soon as possible.

How to treat burn injuries

Minor burn injury

In order to treat this condition, you will need to hold your burnt body part under running cold water. This should be done for at least 10 to 15 minutes. Alternatively, if you do not have any running source of water, you can just soak it in cold water for the same period of time. Ice can make things worse so try as much as possible to avoid it. Ice will tend to stick on the burnt area and might lead to frostbite. After cooling the burn apply Aloe Vera or burn ointment and then wrap the burnt area with a sterile dry cloth or bandage.

Major burn

Some burns are serious and will require medical attention. Never use water to cool third degree burns, this might worsen the condition. Get rid of any watches, bracelets or rings from the body. The burnt areas are most likely going to swell. Cover the burnt area with sterile clean dry cloth and rush to the hospital.

Conclusion

It is advisable that you always use protective gear when dealing with a hot engine as well as volatile liquids like the battery acid. Moreover, it is advisable to always have the first aid kit and skills regarding burn injuries on your finger tips.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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