Evidence to Prove Truck Accident Liability

 Posted on November 09, 2023 in Truck Accident

When tractor-trailers and other commercial trucks are in an accident, victims often suffer devastating injuries. Given a commercial truck’s weight and overall mass, accidents are more likely to happen on congested roads and in inclement weather.

Truck accidents are on the rise, with a 49% increase in the last decade. In 2021, 117,300 large trucks were involved in an accident that caused injuries, with 5,700 large trucks being part of a fatal crash. 

Proving fault in a truck accident case can be complicated, so it is crucial that you hire a Fort Collins truck accident attorney to recover the compensation you deserve.

Proving Negligence

Negligence is a person’s or entity’s failure to take ordinary care in performing a task. Most truck accidents are caused by a truck driver’s negligence. To establish a truck driver’s negligence, you must demonstrate the following:

• Duty of care: The truck driver had a responsibility to other road users to drive responsibly
• Breach of duty: Through an act or omission, the truck driver breached the established duty of care
• Causation: The truck driver’s actions were the direct cause of your injuries and had the foreseeable consequence of causing you harm
• Damages: The truck driver’s actions caused your injuries and other measurable losses

Collecting Evidence

Any successful truck accident case will require sufficient evidence to prove that the trucker caused your accident.

Evidence in a truck accident claim may include physical evidence, video footage and/or photographs, and electronic logging devices.

Physical Evidence

Physical evidence is any material objects or anything that comes off of a vehicle that may prove the trucker’s negligence and that his or her actions are responsible for the crash. 

This may include vehicle wreckage, shredded tires, and broken glass. 

Video Footage and/or Photographs

Also known as documentary evidence, video footage or photographs of the accident scene can help you to prove the validity of your claim. Dashcams tend to be the most common type of video footage in a truck accident case. 

A dashcam is normally mounted on the dashboard of a vehicle that records continuous footage of your drive. Dashcam footage is usually admissible as evidence in a personal injury claim.

Video surveillance is not the only documentary evidence that may help prove your case. Any photos that you can take at the accident scene, such as identifying road signs, skid marks, vehicle wreckage, your physical injuries (lacerations, bruising, and any dislocations), and property damage, may help weigh the evidence in your favor.

Electronic Logging Devices 

An electronic logging device, or ELD, automatically records data while the truck’s engine is running. An ELD also chronicles the mileage that a truck driver travels each day. 

The number of hours a commercial truck driver is allowed to drive on a given day is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Commercial truck drivers must transfer ELD data to safety officials, who will flag any data that violates federal regulations.

The goal of electronic logging devices is to keep fatigued drivers off the roads. Unfortunately, ELDs have yet to decrease the number of truck accidents happening nationwide.

A Larimer County truck accident attorney will determine if pursuing an insurance claim or taking your case to court is the best approach in your situation.

A Fort Collins, CO, Truck Accident Attorney Dedicated to You

Gathering evidence in a truck accident case can be complex and time-consuming, but deciding who should represent you should not be. If you have been involved in a truck accident, you need the experience of a Larimer County, CO, truck accident attorney. Contact Hoggatt Law Office, P.C. online or call 970-225-2190 today to schedule your free consultation.