Evidence Used to Prove Trucking Accident Claims
Request Free ConsultationA fully loaded commercial truck weighs up to 80,000 pounds, posing a significant danger to standard passenger cars weighing an average of 4,000 pounds. In an accident between a commercial truck and a typical car, about 70% of fatalities occur to the occupants of the car.
Injuries in truck accidents are often severe or catastrophic, leaving surviving motorists with a long road to recovery, paved with expensive medical bills and other losses that can quickly cause financial hardship. A successful truck accident claim against the liable party helps injury victims recover their losses—or “damages” in a truck accident claim. Sadly, the large insurance companies involved in truck accident cases often dispute or deny claims. Successful claims require strong evidence of liability to make a compelling case.
Investigating the Truck Accident
In fault-based insurance states like Missouri, making an accident claim to recover damages requires the injury victim (plaintiff) to prove the at-fault party’s (defendant’s) negligence and liability. This process necessitates a thorough investigation into the accident to determine the cause. Often this requires examining the police report, reviewing eyewitness testimony, looking at photos and any available video from traffic cameras or dashcams, and nearby surveillance video. Recorded data from the truck’s “black box” data recorder is also important evidence. Consulting with accident reconstruction experts helps to show how the accident occurred. The results of the investigation become documented evidence to prove the truck accident claim.
When a truck accident causes extensive damages to injury victims, hiring an experienced truck accident attorney to handle the claim is the best way to move forward on a path to recovering compensation.
Compiling Evidence of Liability in a Trucking Accident Claim
A skilled personal injury attorney performs a diligent investigation into a truck accident to determine what caused the accident so they can pinpoint the liable party. In a truck accident claim, the liable party could be the truck driver, the trucking company, a truck maintenance company, or the manufacturer of a defective part. Sometimes several of these entities share liability if they contributed to the cause of the accident.
After determining what caused the accident, a skilled attorney carefully compiles the evidence showing how the accident occurred, who was at fault, and what entity is ultimately responsible and liable for damages. Then they send the evidence in a demand package to the insurance company of the liable party.
Evidence of Damages in a Truck Accident Claim
To recover compensation after a truck accident claim, the injury victim must have evidence that they suffered economic damages like medical expenses and lost wages as well as non-economic damages like pain and suffering. The evidence used to prove damages in a truck accident claim commonly includes medical bills, receipts for out-of-pocket expenses, prescription receipts, proof of average income, and employer statements showing lost time from work. Testimony from medical expert witnesses becomes important evidence of the impact of the injury on the victim’s life and ability to earn a living as well as the level of pain they are likely to suffer until they reach their maximum medical improvement.
How Can a Missouri Truck Accident Lawyer Help?
Finding, documenting, and presenting evidence to make a compelling case for an injury victim’s compensation after a truck accident requires diligent attention, experience, and access to resources like medical and mechanical experts. Call (314) 413-2053 the Missouri truck accident lawyers at Miller & Hine to represent you in your case so you have assertive legal representation investigating the accident and arguing for your best interests throughout the process of your claim.