If you were injured in a truck crash, you must prove that the truck driver’s negligence caused it in order to receive the compensation you deserve from the insurance company. However, it can be more complicated to determine why your truck wreck happened than if you were involved in a car accident. Conducting a thorough investigation is essential if you want to win your case.
How Will a Truck Investigation Help Prove How a Truck Crash Occurred?
You may not know the cause of your truck accident right after it happened. There could have been many contributing negligent actions of the truck driver, trucking company, shipper, and others that caused it. You will need to conduct a thorough investigation and collect evidence to prove your case.
Because truck accident claims are so complex, you should not try to conduct an investigation on your own. It is best to retain an experienced truck accident lawyer right away. Here are some of the ways a lawyer can help determine why your truck collision happened:
- Obtain a police report. Your attorney will review the police report because it can contain helpful information, such as the officer’s conclusions as to the cause of the crash, who was at fault, and whether any traffic citations were issued. However, a knowledgeable lawyer will know this is only one step in the investigation.
- Investigate the collision scene. Your lawyer will review any pictures or videos taken at the accident scene and interview witnesses and obtain their statements. They may also want to look at the crash scene if it appears that the trucker’s negligent driving or a road condition caused your accident.
- Send spoliation letter. Even if the trucker was speeding, engaged in distracted driving, or driving unsafely in another way, lack of truck maintenance, violations of hours of service regulations, or other violations of federal regulations could have contributed to the crash. Your lawyer will send the trucking company a spoliation letter notifying them of your claim and not to destroy or modify documents that could help prove how the trucker’s and trucking company’s negligence caused your wreck.
- Check for hours of service violations. Under federal hours of service rules, a truck driver is only allowed to drive for a certain number of hours before taking a break. Your lawyer will need to examine the log book, receipts for gas and food, and other documents to determine if these regulations were violated.
- Review trucker’s personnel file. Your lawyer would obtain a copy of the trucker’s personnel file from the trucking company. They would review it to determine if the driver was licensed to drive a truck, had medical conditions that affected their driving, or had a drug or alcohol problem. They would also inspect their driving record.
- Trucking company records. The trucking company is also required to conduct a background check of truckers, properly maintain the truck, and test drivers for drugs and alcohol use. A lawyer would review the trucking company records to determine if the trucking company’s negligence also caused your truck collision.
Were you injured in a truck accident in Virginia Beach or Norfolk? Do you believe the trucker’s negligence caused it? Call our Norfolk office or fill out our online form to schedule a free case evaluation to learn how can investigate your claim and fight with the insurance company so that they fully compensate you in your settlement.
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