Important Evidence in a Truck Accident Case in Las Vegas
Truck accidents frequently cause painful injuries that require extensive and expensive medical care. When someone else caused your crash, you can demand payment to cover your medical bills, lost income, and other damages. A trusted Las Vegas truck accident lawyer can help you gather all the evidence you need to build a strong case for maximum compensation.
THE702FIRM Injury Attorneys have the knowledge and experience needed to investigate the most complex truck accident claims. We have the skills and the resources to fight for you. Contact us today for a free consultation, and let us get to work preserving the evidence in your case before it is lost or destroyed.
Evidence for Truck Accident Claims
Depending on the nature of the crash, the following types of evidence may help prove negligence in your truck accident claim:
- Photos and video footage – Photos and video footage of the accident scene, visible injuries, and damage to the vehicles involved can demonstrate the causes and effects of the crash.
- Cellphone and GPS records – Truck driver cellphone records can show whether the driver may have been talking or texting at the time of the wreck. GPS records may provide evidence of excessive speed.
- Police accident reports – The accident report created by law enforcement can lead to crucial evidence showing who caused the crash. The report may also contain useful accident diagrams and citations issued for traffic violations.
- Toxicology test results – All truck drivers involved in accidents resulting in death or injury are required to undergo drug and alcohol testing. The results of these tests can provide important evidence of sobriety or lack thereof.
- Truck company hiring records – If a trucking company employs drivers who are unqualified, untrained, or have a history of unsafe driving, their hiring records may show a pattern of similar negligence.
- Truck maintenance records – Truck drivers and owners must keep diligent records of their truck inspections, maintenance, and repairs. In loss-of-control accidents, records may indicate a failure to conduct routine maintenance.
- Hours-of-service (HOS) logs – Drivers are required to keep detailed logs of their time spent driving, working, and resting. These HOS logs may show evidence of inadequate rest periods or excessively long periods spent driving.
- Electronic logging device (ELD) data – Many modern trucks are equipped with ELDs that track driving data. While manual logbooks can be fudged or altered, ELD data is captured automatically and cannot be edited after the fact.
- Event data recorder (EDR) – Many of today’s trucks have event data recorders, also known as black boxes. These record useful data such as speed, brake application, tire pressure, and GPS coordinates that can provide crucial evidence about the crash.
- Eyewitness testimony – Statements from individuals who saw the crash occur may help verify your version of events if it’s unclear who is liable.
- Expert witness testimony – Expert witnesses such as medical professionals or accident reconstruction specialists can provide unique insights into the causes and effects of the truck accident.
In addition to the evidence surrounding the crash, our attorneys will also gather extensive documentation of your injuries and the losses you incur. This includes medical records, receipts and invoices, pay stubs, and expert testimony about your prognosis and future care needs.
How to Gather Truck Accident Evidence
If you can, take photos of the accident scene, vehicle damage, and any visible injuries you sustained. You may also ask someone else to take photos and send them to you. If there are any eyewitnesses, request their names and contact details. The responding officer should also file a report and provide you with a copy.
Other necessary evidence, such as medical bills and vehicle repair invoices, can be accumulated over time as you go through the process of filing your claim. However, some types of evidence may be difficult to obtain on your own. To access evidence such as trucking company hiring records, ELD records, expert witness testimony, and black box data, you will need to work with an attorney who has experience handling truck accident cases.
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What Evidence Is Considered Inadmissible?
Inadmissible evidence is anything that can’t be used as proof in your truck accident lawsuit. Truck accident evidence may be inadmissible for a variety of reasons, including:
- The evidence is hearsay. Hearsay is a second-hand account of someone else’s words, which is not admissible as direct evidence in a court of law.
- The evidence was improperly obtained. If the evidence was gathered illegally, such as by stealing information to prove the other party’s liability, it may not be used in the courtroom.
- The evidence is prejudicial. If the evidence is largely unnecessary but intended to elicit certain emotions or bias in the judge or jury, it may be dismissed because it is too “prejudicial.”
- The evidence is not relevant. Courts may dismiss certain types of evidence if they are considered irrelevant to the facts of the case, such as the personal history of the claimant.
When to Contact a Truck Accident Lawyer
Not everyone needs a lawyer after a traffic collision. But it’s a good idea to contact a truck accident lawyer for your claim if:
- You suffered significant physical or psychological injuries.
- Your injuries were so severe that you were unable to return to work.
- It’s not clear who should be held liable for the truck accident.
- More than one other vehicle or road user was involved in the wreck.
- The truck accident took place in a school, construction, or work zone.
- An uninsured or underinsured motorist or company was involved.
- You need help identifying or preserving evidence to support your claim.
- The insurance company attempts to minimize or reject your claim.
- The insurance company asks you to provide a recorded statement.
- You feel uncomfortable about engaging in settlement negotiations.
- You need help understanding the law or your legal rights and options.
At THE702FIRM Injury Attorneys, our team offers same-day consultations and returns all calls and emails we receive within 24 hours. We understand the devastating effects of a Las Vegas truck accident, and we’re here to support you in any way we can. Contact us now to learn more about how we can help in a free initial case review.