If your vehicle and a big rig collided, you may have been left with a lot of injuries. If the truck driver is responsible for the accident - or even partially responsible - you may be able to bring a personal injury case against them. A personal injury case can help you pay off your medical bills and recover money lost from being unable to work.
Filing a personal injury claim and proving fault on your own can be challenging. But fortunately, a great personal injury lawyer can assist you. Here are a few of the ways that a personal injury lawyer will conduct their truck accident investigation to help prove the other driver was at fault.
One of the things that a personal injury attorney will do is speak to witnesses. Witnesses may have seen exactly what happened and can paint a clear picture of what may have lead up to the accident and who was at fault. In many cases, the witnesses will be willing to state what they know about the accident. If your case goes to trial and your attorney feels they will make a strong witness, they may also be called to testify on your behalf.
Video cameras may be in place to offer protection for home or store owners. But any cameras that are near the crash scene may also have captured a driver driving erratically or may have captured the exact point of impact. Video evidence can be irrefutable proof as to why the accident occurred, who caused it, and who may be at fault for the accident.
Obtaining video evidence is not always easy. An attorney has to follow the route you and the truck were traveling to see which cameras may have caught the footage, and then they either have to ask the owner to turn over the videos voluntarily or subpoena them to do so.
Obtaining the Police Report
Another thing the personal injury attorney will do when investigating the trucking accident is to obtain the police report. The police may talk to witnesses or do accident scene recreations to help show who was at fault.
If the report states the truck accident driver was at fault, this bodes well for your case, as judges and juries place a lot of weight into their opinion. Having this can be a crucial piece of evidence.
Obtaining Electronic Data Recorder Information
Most big rigs have electronic data recorders, or black boxes, in them. These black boxes can show the rate of speed at which the truck driver was driving and if and when they attempted to brake.
Your personal injury attorney can subpoena the information contained in the black box from the company or person who owns the truck. This information may help you to prove the truck driver was speeding, ran a red light, or didn't slow down and hit you.
The last step that the attorney takes when conducting their truck accident investigation is obtaining the logbooks. Truck drivers are required to keep logbooks of when they took breaks, when they drove, and when they slept or rested. By law, they can only drive 11 hours in a 24-hour period, and they must routinely take breaks as well. If they failed to do this, they broke laws and may be responsible for the accident.
If you have been involved in an accident with a big rig, an attorney will work quickly to help you win your personal injury case by conducting a thorough investigation into the accident. When you need an attorney following a trucking accident, you can trust and rely on Ringsmuth Wuori PLLC. Contact us today to schedule a free consultation and see how we can assist you.