If you intend to file a truck accident claim, its outcome is going to come down to the strength of the evidence you present. In order to recover a payout, you’re going to have to convince the insurance adjuster—or, if the case ends up in court, the judge and jury—of both liability and damages.
While the strongest pieces of proof will depend on the facts of the case, most truck accident claims are bolstered by the same types of evidence. Read on to learn what those are:
1. Black Box Data
Logs from the truck’s event data recorder (EDR), or “black box,” could help accident reconstruction experts piece together what happened. Nowadays, all commercial vehicles and most passenger vehicles are equipped with EDRs, which record dozens of operational variables that can paint a clear picture of the trucker’s behavior in the moments leading up to the wreck.
2. Eyewitness Testimony
While testimony from those who witnessed the collision—e.g., other motorists who were in the vicinity—won’t serve as irrefutable evidence of fault, they could at least corroborate your own statement. Since eyewitness testimony becomes less trustworthy over time, though, your legal team should depose any onlookers as soon as possible.
3. Toxicology Results
If police conducted any chemical tests after the crash, the results could help you assign blame. They could also lead to criminal charges. In the state of Texas, commercial drivers are prohibited from operating a vehicle while on the job with a blood alcohol concentration of 0.04 percent or higher.
4. Dash Camera Footage
If the vehicle you were in was equipped with a dash camera, copy the footage and save it in a safe place as soon as possible. Otherwise, it could be overwritten in a matter of weeks.
If your car doesn’t have a camera, don’t worry. Because advanced technology has made these devices incredibly affordable, a lot of people have them nowadays. In other words, there’s a good chance the incident was captured by another vehicle that was in the vicinity at the time.
5. Medical Records
Assuming you sought prompt care following the accident, the associated medical records should indicate a link between the crash in question and the injuries you sustained. This will help you prove causation during the claims process.
Hospital logs, diagnostic images, and other health care-related documentation can also help you prove damages when the time comes. Before you can recover a payout, you’re going to have to demonstrate the severity of your injuries and the losses you incurred as a direct result.
Call 713-893-8808 to Discuss Your Case with a Houston Truck Accident Attorney
If you were seriously hurt in a large truck crash, you can count on Chelsie King Garza, P.C. for strategic legal counsel. Her approach to the law is built on providing injured clients with the straightforward answers and personal attention they deserve. Call 713-893-8808 or use her Contact Form to set up a free case review with a truck accident lawyer in Houston.
