Evidence in Truck Accident Cases

Often, the immediate aftermath of a truck accident involves treating injuries and recovering emotionally from the shock of this traumatic event. Sometimes remembering to get information from police, drivers, or witnesses is difficult following a crash. The Miami truck accidents at the Law Offices of Robert Dixon have experience making sure that the proper evidence is gathered to be used for insurance claim purposes, as well as for any litigation that becomes necessary. Having a seasoned legal advocate to act on your behalf is important in seeking to hold the responsible parties accountable for your injuries.

Many different factors and parties may contribute to causing a truck accident. Improper maintenance of a vehicle’s parts, the uneven loading of cargo, a lack of adequate training for a driver, and fatigued or distracted driving may all lead to a devastating crash. A trucking company may also be liable if it fails to adhere to state or federal trucking regulations, resulting in a lack of safe practices. In order to discover and prove these inadequacies, evidence must be collected at the scene of an accident as well as from other sources.

Commercial drivers are required to keep adequate log books that track the number of hours spent on the road, how many miles have been traveled, and the amount of hours that a driver slept or rested. Inspecting the records contained in log books may indicate whether a driver might have been fatigued at the time of a collision. Many trucks are also now equipped with cameras or other data-recording devices that could show how a driver was maneuvering just before the accident. The accounts of witnesses, if available, as well as medical professionals called to the scene may be useful in determining what led to the accident. Collecting the names and contact information of people who witnessed the accident may help ensure that a defendant is held responsible. Records kept by the trucking company regarding its hiring practices, maintenance and inspection schedules, and repair protocols also may be important in determining liability.

Sometimes companies are resistant to release these records, in which case court involvement may be necessary to gain access to that information. Since insurance companies, trucking companies, drivers, and investigators represent separate interests, the potential for evidence being corrupted increases after a truck accident. Spoliation of evidence refers to the actions of a party in altering, destroying, or intentionally losing evidence in an attempt to avoid legal liability. Courts take spoliation very seriously, often issuing sanctions against offending parties in the form of fines and other penalties.

The Miami truck accident attorneys at the Law Offices of Robert Dixon are committed to ensuring that victims’ rights are properly asserted following a crash. When serious injuries occur due to another party’s negligence, it is important to gather the proper evidence that supports a victim’s right to compensation. If you need assistance from a motor vehicle collision attorney, call 877.499.4878 or contact us online to schedule a free consultation regarding your case. We also represent people in Miami, West Palm Beach, and other cities in Broward, Palm Beach, and Miami-Dade Counties.