Evidence is a critical component of any truck accident claim. A valid insurance claim or personal injury lawsuit against a truck driver, trucking company, or other at-fault party must have proof. Specifically, you must be able to show how the at-fault party’s negligence caused your accident (or that the trucking company’s employee caused your accident). You will also need evidence to prove that you suffered damages because of the at-fault party’s careless or reckless actions.
Learn what evidence you need to prove a truck accident claim and how a Virginia truck accident lawyer can help you gather documentation to support your case.
Understanding Negligence in a Truck Accident Case
The types of evidence you need for a truck accident claim can vary depending on your accident’s details. Generally, you must provide evidence to establish the four principles of negligence:
- Duty of Care: We will gather evidence to prove the at-fault party had a duty to avoid causing harm.
- Violation of Duty of Care: We will use documentation to show the at-fault party failed in their duty of care.
- Causation: We will compile evidence to prove that the at-fault party’s violation of the duty of care caused the accident.
- Damages: We will use receipts and testimony to show that the accident caused by the at-fault party’s negligence caused you to suffer economic and/or non-economic losses.
Establishing the Duty of Care for a Truck Accident Claim
In a truck accident case, the duty of care often refers to a driver’s duty to follow driving and traffic laws. For example, the driver of a semi-truck has a duty to obey traffic signals, drive at a safe distance, pass legally, and yield the right of way when necessary.
However, truck accidents often have other responsible parties. For example, a trucking or logistics company that overschedules deliveries can be responsible if the truck driver causes an accident due to fatigue. Similarly, a company responsible for scheduling, loading, or maintenance could be liable if its failure to meet reasonable expectations or legal requirements caused the accident.
You typically don’t need evidence to establish duty of care. All road users, especially common carriers, have a duty to drive safely and avoid accidents. Maintenance companies have a duty to ensure a vehicle is roadworthy. Trucking companies have a duty to ensure their drivers are experienced, safe, and well-rested. However, some examples of documentation that could establish a duty of care include:
- Truck operator’s commercial driver’s license
- Training documentation from the shipping or trucking company
- Contract agreements between the driver and other parties
- Truck repair and maintenance contracts
- Vehicle manufacturer and distributor details
Proving Violation of the Duty of Care Following a Truck Crash
Once you establish that the at-fault party owed you a duty of care, you must also show how they violated that duty. Violations could include things like:
- Running a red light
- Texting and failing to see you stopped in traffic
- Falling asleep at the wheel and swerving into oncoming traffic
In more complex cases, violation of the duty of care may look like a trucking company overscheduling an employee or ordering them to violate hours of service regulations established by the Federal Motor Carrier Safety Administration. Other entities could fail in their duty if they create hazardous conditions, such as a defective truck component or construction debris in the road.
Evidence that can help you prove violation of the duty of care includes:
- Police reports from Virginia DMV
- Photos and videos of the accident scene
- Witness statements
- Truck driver schedules and hours logs
- Data from the truck’s black box or electronic data recorder
- Vehicle component recalls and consumer complaints
- Road construction or utility work schedules
Documenting Causation in a Truck Accident Case
One of the most difficult aspects of a truck accident case is proving that the at-fault party’s negligent actions caused your accident. Essentially, it is not enough to state that the other driver ran a red light; you must show that their running a red light directly led to your accident.
In some cases, causation is straightforward. However, in cases that involve multiple drivers and third parties, proving causation can be more complex. For example, if you were struck by a truck driver who swerved into your lane, you may need to establish how improperly loaded cargo shifted during transit and caused the driver to lose control.
Documentation you could use to prove causation includes:
- Accident reconstruction
- Photos of the damage to your vehicle
- Photos of your injuries after the collision
- Photos of the final vehicle resting places, skid marks, and other conditions that led to the accident
- Witness statements
- Crash reports from authorities
Showing Damages and Losses
The goal of a truck accident claim is to recover the damages you suffered because of someone else’s negligence. Whether you were the truck operator, another driver, or a pedestrian, you have a legal right to seek compensation from those responsible for your injuries.
To recover fair compensation after a truck accident, you must be able to establish the full extent of your losses. These losses may include economic damages, such as medical bills and lost income, or they may be non-economic damages, like pain and suffering.
Evidence you can use to prove damages may include:
- Medical records
- Expert medical opinions
- Economic expert testimony
- Financial statements and pay stubs
- Business income/loss statements
- Journals or logs detailing the effects of your injuries
- Household expense statements
- Invoices, bills, and receipts for accident-related expenses
Filing a Truck Accident Claim
You have a legal right to file a truck accident lawsuit to recover damages from the parties responsible. Proving responsibility is the first step. Once you establish who is responsible, whether it is the truck driver, trucking company, another driver, or a third party, you can proceed with your claim.
Truck accident cases typically begin with an insurance claim with the at-fault party’s liability insurance. Cases that involve trucking companies and other parties can become complicated. Often, you must file a personal injury lawsuit against the at-fault party or parties to recover the compensation you deserve. A Virginia personal injury lawyer from our firm can help.
Our Truck Accident Lawyers Are Here to Help
If you or a loved one suffered injuries in a truck accident in Virginia, the Parrish Law Firm, PLLC is here to help. Our truck accident attorneys can gather information to prove your claim and guide you through the complex legal process. While we work on recovering a fair settlement, you can focus on your recovery. Contact us today for a FREE claim review. We can learn more about your accident and how our team can help you seek justice and compensation.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form