Evidence establishing liability and damages is crucial to supporting a compensation claim in a Fort Myers truck accident case. You can find evidence in a big rig’s electronic logging device, records confirming truck maintenance, driver’s logs, and many other sources.
Accidents involving trucks can be complicated to unravel. Determining fault and financial responsibility is pretty straightforward when two cars crash. But when a commercial truck crashes into a car, the number of potentially negligent and liable parties multiplies. A Fort Myers truck accident lawyer experienced in such cases will know how to help victims seeking full and fair compensation.
Evidence Specific To Trucks Involved In Accidents
Capturing evidence before it’s lost or out of reach is the first step when handling a personal injury case. Here are some sources a truck accident attorney will review.
Black Box
A commercial truck’s “black box” is an electronic logging device (ELD) that tracks critical data points, including the truck driver’s driving time, the engine hours, and the general location of the rig. Federal and state regulations limit the hours drivers can spend behind the wheel—primarily to prevent fatigue from interfering with safe driving—and the ELD will track those hours.
Event Data Recorder
If a truck has an event data recorder (EDR) on board, it can provide vital information about:
- The truck’s speed and braking patterns
- Steering wheel activity
- Acceleration or turns made by the driver
- The force of impact on collision
The recorder’s data makes it an invaluable tool for understanding what happened prior to the crash.
Driver’s Daily Log
When a truck driver travels beyond a 100-mile radius of their office, they must keep a daily log that notes the following:
- Date and number of hours they’re on duty
- How many of the on-duty hours they spent driving
- Number and length of rest periods
- Miles driven every 24 hours
- Location of every change of duty
- Details such as license number, name of the shipper, carrier name, and name of co-driver (if there is one)
- Cargo they’re hauling
The ELD also captures some of this information, which can help explain the driver’s physical and mental state at the time of the crash.
Inspection, Repair, Safety, And Maintenance Records
Trucking companies or owners must keep records concerning the dates and types of inspections, repairs, and maintenance a truck undergoes. For example, suppose the company recently repaired the brakes, but their failure caused the collision. That’s valuable information to have when building a case.
Reviewing a company’s safety records can shine a light on shoddy management habits that may be shown in their choice of employees or maintenance contractors and the overall condition of their trucks.
Truck Driver’s History
Driving a big rig requires special training and licensing. Investigating the truck driver’s qualifications, past employment, and driving record is pertinent to determining liability in a Fort Myers truck accident. The investigation might find the truck driver at fault, making the company also liable for its employee’s actions. The company could also be liable for inadequate hiring or training practices.
Cargo Company
Cargo that is too heavy for the truck or improperly loaded can cause a truck driver to lose control if the cargo shifts in transit.
General Evidence Applicable To Motor Vehicle Accidents
There is crucial evidence in Fort Myers truck accident cases that can apply to any collision, including:
- Police reports, which are usually necessary to file a compensation claim and helpful in learning what the officer concluded from the crash scene
- Medical records that establish a victim’s injuries, their progression of treatment, and prognosis for recovery
- Visual data of the accident site through video footage and bystanders’ phones and cameras
- Eyewitness statements
- Contributions of experts such as accident reconstructionists, medical professionals, truck mechanics, regulatory authorities, and physical therapists
A Fort Myers truck accident lawyer may work with accident experts to review the crash site, looking for physical evidence, road conditions, traffic signal visibility, and operational status. Considering all possibilities for liability is central to resolving an accident claim successfully.
Parties That May Be Liable For A Fort Myers Truck Accident
Many companies and individuals play their part in getting and keeping a truck on the road. Negligence by any one of them may cause an accident. Typical liable parties may include:
- The truck driver if they ignored traffic laws or drove while fatigued or distracted
- The trucking company, under the legal doctrine of vicarious liability
- Truck or truck parts manufacturers if their work proves defective
- Cargo owners and loaders, if they did not correctly load and secure cargo
- City, county, or state governments if poor road maintenance or nonfunctioning traffic signals contributed to the crash
Compensable Losses Sustained In A Fort Myers Truck Crash
Truck accident victims can recover economic and non-economic damages for their losses. Economic damages are objective financial losses such as:
- Medical expenses
- Property repairs or replacement
- Income loss
- Loss of future earnings
- Out-of-pocket costs such as transportation, childcare, or home maintenance
Non-economic damages are subjective losses that don’t have bills or invoices detailing them and may include:
- Pain and suffering
- Mental anguish
- Changes in relationships
- Loss of quality of life
- Loss of enjoyment in life
Call A Fort Myers Truck Accident Attorney Today For Answers To Your Questions
At the Law Offices of Anidjar & Levine, our truck crash lawyers offer responsive legal help focused on serving your needs. We travel to you, help you get the medical care you need, and provide your attorney’s phone number so you can always get information from the person who knows the most about your case.
We offer free, no-obligation case consultations and work on contingency. Call or go online today to connect with our legal team. We fight for the compensation you deserve.
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