Each trucking accident is different, so the types of evidence crucial to prove fault will depend on the circumstances of that incident. However, generally speaking, driver logs, relevant photographs, truck maintenance records, black box data, dash cam footage and other video surveillance, the police report, your medical records, and witness statements can be important in showing the other party’s negligence.
It’s not easy to access all of this documentation, especially when you’re recovering from serious injuries after the crash. Our Fort Lauderdale truck accident lawyers can locate, compile, and present this evidence to the liable party and their insurance company. We will also negotiate with the insurer and help you fight for maximum compensation.
How Your Attorney May Use Evidence To Prove Fault In Your Truck Accident
Once your Fort Lauderdale truck accident attorney collects all relevant evidence for your claim, they must apply it to the standard of negligence. Your case must have all four of these elements to be successful:
Duty Of Care
The liable party had an obligation to act in your best interests and protect your safety. For instance, truck drivers must take regular breaks to avoid fatigue, and trucking companies must repair damaged or worn-out truck parts.
Breach Of Duty
The at-fault party failed in their obligation to provide you with a duty of care, thereby acting negligently. Examples include:
- Fatigued driving
- Distracted driving
- Speeding
- Poor hiring practices
- Failure to address maintenance problems
- Intoxicated driving
- Failure to yield
- Improper cargo loading
- Poor merging or lane changing
Identifying negligence will enable us to identify the at-fault party. In most cases, the trucking company will be liable if its employee failed to drive safely. However, in some cases, another party such as a cargo loading company or a local municipality bears responsibility.
Causation
The liable party’s negligence caused the truck accident and your injuries. Truck accident victims often suffer from traumatic brain injuries (TBI), burns, amputations, broken bones, spinal cord injuries, lacerations, and soft tissue injuries.
Financial And Non-Financial Damages
Because of the truck accident, you’ve experienced financial and non-financial losses. You may be eligible to recoup these losses in an insurance claim or lawsuit. For example, medical bills, lost income, reduction in earning capacity, property damage, pain and suffering, and mental anguish may be recoverable.
You may be filing for wrongful death after losing a loved one in a truck accident. In that case, a Fort Lauderdale wrongful death lawyer can help you seek a financial recovery for their funeral arrangements, burial, and final healthcare costs, as well as loss of consortium and guidance, among other damages.
Types Of Evidence Used To Prove Fault In Fort Lauderdale Trucking Accident
Various forms of evidence will be crucial in proving fault in a Fort Lauderdale commercial truck accident claim. Given the specifics of your situation, they may include the following:
- Relevant photographs: Visual proof of weather and road conditions, the damaged vehicles, and apparent injuries can bolster your claim.
- The accident report: The police report will contain information like the time and location of the crash, a description of what happened, the parties involved, and any injuries or deaths
- Witness statements: If other people saw the big rig crash occur, their account of what happened can corroborate your version of events.
- Driver logs: These can provide insight into whether the truck driver complied with the Federal Motor Carrier Safety Administration hours of service regulations or other rules.
- Truck maintenance records: These records may show that the trucking company failed to conduct routine maintenance checks on the truck or make necessary repairs, making it unsafe for the driver to operate.
- Black box data: This technology records the driver’s speed, steering, and braking, providing an objective view of what caused the truck accident.
- Dashcam and other video footage: The truck’s dashcam or traffic camera footage could have recorded what happened before, during, and after the trucking accident.
- Medical records: This documentation will show that your injuries directly stemmed from the truck accident.
- Toxicology reports: If police suspected the truck driver was intoxicated, they may have ordered a blood alcohol content (BAC) test.
- Expert testimony: Doctors, accident reconstructionists, and other experts can clarify important details of the crash and your injuries.
- Employee records: These records will clarify whether the trucking company cut corners when hiring drivers.
This list is not exhaustive. You or your Fort Lauderdale truck accident attorney may find other information that bolsters your case against the negligent party.
Act Fast To Locate And Gather Evidence Following A Truck Accident In Fort Lauderdale
You don’t want to wait to involve our Fort Lauderdale personal injury lawyers in your case. As time passes, evidence can get lost, destroyed, or compromised. For example, any video surveillance that captured the accident could be erased after a few weeks. In addition, witnesses’ memories may fade. Both forms of evidence can be crucial to proving fault, and their absence may make it more difficult to do so.
It’s also important to act quickly due to Florida’s statute of limitations. This is the amount of time you have to file a truck accident lawsuit against the liable party. Florida Statutes § 95.11 affirms that most people have two years to take legal action. This timeline applies to personal injury and wrongful death lawsuits.
If you don’t file your lawsuit within the allotted time, the court will likely not allow you to take legal action. You may be stuck paying your medical bills and covering your other losses out of pocket. If you give our personal injury law firm sufficient notice, we will work to adhere to the time limit.
Our Attorneys Can Help You Prove Fault In A Fort Lauderdale Trucking Accident
A truck accident attorney from our firm will strive to gather crucial evidence to prove fault in your Fort Lauderdale case. Since our firm’s founding in 2005, we’ve been committed to offering responsive legal help and focusing on each client’s individual needs.
Our legal team offers free initial consultations. Connect with the Law Offices of Anidjar & Levine and take back control of your life today.
We Can Help.
