Proving the other party's fault in a trucking accident and disproving your own fault at the same time involves gathering various forms of evidence that establish negligence or wrongdoing. Below are key types of evidence that are essential in such cases:
Police reports. Obtaining a copy of the police report is one of the first steps after a trucking accident. Police reports often contain the officer’s observations and initial assessment of the accident, which may indicate who they believe was at fault. However, it is worth mentioning that these reports are not always free from error.
Witness testimony. People who saw how the accident happened can provide an independent account of what happened. Their testimonies can be crucial in supporting your claim to prove the other party’s fault and challenge their allegations that you were to blame.
Camera surveillance footage. If nearby surveillance cameras captured the accident (it is often the case in urban areas), this footage can provide critical visual evidence of the crash and the actions leading up to it.
Photos showing the vehicle damage, skid marks, and other details at the scene. Photographs taken immediately after the crash can show the aftermath of the incident, including vehicle positions, damage, road conditions, traffic signs, and skid marks, which might suggest the speed and movements of the vehicles involved.
The truck driver’s statements. Statements from the truck driver can sometimes reveal inconsistencies or admissions of fault. These can be statements made to you, witnesses, police, or their own company after the accident.
Trucking company records. Records maintained by the trucking company may indicate whether the company itself was negligent. This can include logs of driving hours, maintenance records, and any history of violations of the regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA).
The truck’s black box data. Many commercial trucks in the U.S. are equipped with an event data recorder, commonly called a black box, which captures critical data such as speed, brake usage, and other information pertinent to the moments shortly before the collision.
Testimony from accident reconstruction experts. These professionals use the evidence gathered from various sources to recreate the circumstances of the accident. Their expert testimony can be very influential in proving fault by demonstrating how the accident occurred and who was responsible based on scientific analysis.
Each type of evidence aids in creating a comprehensive picture of the accident and in establishing negligence on the part of the truck driver or their employer. For this reason, you want the assistance of a lawyer to gather and preserve all available evidence in your case.