Truck accidents are often extremely dangerous, leading to fatalities and injuries on a far higher scale than that of automobile crashes. If someone survives a truck accident, they can be out of commission for a substantial length of time. If the responsible company is liable, a survivor might be able to gain a large settlement from a personal injury claim if he or she collects evidence after a truck Accident. This will necessitate an investigation into whether or not the truck company was negligent and caused the accident. For expert assistance in making a claim, contact the best truck Worker’s Compensation Attorney in Los Angeles: Belal Hemidah.
Investigating a truck accident with a view to compensation
It is important for evidence to be collected as quickly as possible as the relevant documentation does not have to be retained for long. For example, the Federal Motor Carrier Safety Regulations (FMCSR) requires trucking companies to keeps records of drivers’ duty rosters for only six months, reports on roadside inspections for just one year, and annual vehicle inspection records for 14 months. Time is clearly of the essence.
What types of evidence should be collected?
- The truck wreckage itself
- Witness statements
- Photographs of the accident scene
- Truck inspection records
- Trucker’s driving record
- Tire marks in the road
- Driver logs
- Trucker’s medical history
- Data from Electronic Onboard Recording Devices (EOBRs)
How to gather evidence
Contact Belal Hemidah Los Angeles for assistance
Prevent the truck from being repaired. To cover up evidence, the truck company might quickly attempt to get the truck repaired. Do not allow this because valuable evidence of company negligence might be lost. Have the truck checked as soon as possible for evidence.
Send a demand
Send a spoliation letter to the trucking company and/or insurance company. This is a formal demand for the storage and preservation of evidence for a case. The letter should spell out exactly what evidence should be preserved. This could include driver logs, accident scene photographs, EOBR data, and truck inspection records.
Speak to witnesses
Witness testimonies are crucial for pinpointing liability for an accident. Many people involved in a truck accident will be badly injured, and thus unable to provide a statement at the scene. They will have to be contacted as soon as they are able to communicate. Testimonies from investigators and police are also vital.
Check the records
- Check the truck company’s records for evidence of negligence.
- Check the trucker’s driving records, medical history, and qualifications for evidence that they might have caused the accident.
- Check EOBR data for equipment failure or speeding that might have caused the accident.
- Check cellphone logs to see if the driver was on his/her cellphone at the time and could have become distracted.
- Check the driver’s log to see when the truck was last inspected.
- Check accident reports from police on the scene.
If you or someone you love has been involved in a truck accident, contact Belal Hamideh to handle your claim from start to finish and ensure you get the settlement you deserve.