How Is Negligence Proven In A Trucking Accident?

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Unlike in many other personal injury cases, negligence is necessary in an accident involving a semi-truck to prove that the driver or someone else was ultimately responsible for the accident. Establishing the proof of a major mistake or purposeful decision on behalf of a repair technician or driver is essential to winning an award, even if the accident left you permanently disabled or killed your spouse. Finding the right paths to establishing negligence, some of which are listed below, is one of the most challenging parts of a lawyer's job when they're handling a trucking accident case.

Signs of Law Breaking

First, it's necessary to comb the police records and physical evidence gathered from the scene along with witness reports. Combining what's found in all of these sources provides evidence of any broken traffic laws or mistaken maneuvers. While it's not always necessary to prove a specific traffic law was violated, such as the speed limit, it does help establish a clear sign of negligence.

Data from the Onboard Computer

Requesting expert analysis of the truck's onboard computer, or black box, reveals a wealth of information on speed, engine condition, serious equipment malfunctions, missed maintenance opportunities, and more. Insurance companies often take custody of these pieces of equipment, but it may be held by the investigating police department as well.

Investigation into the Hiring Practices

If you suspect the driver wasn't properly trained or lacked the medical qualifications to be on the road, your trucking accident injury law firm can investigate the hiring practices of the trucker's employer. Each state requires different hiring limitations for truck drivers, so knowing the requirements for your area is essential to establish negligence on the part of of the trucking company. You'll need to know exactly who's to blame before your date in court arrives.

Records from Log Books

Did you get into an accident with a truck that backed into you or swerved into your lane because the driver was drowsy or asleep? Checking the log books kept by the trucker and the trucking company may reveal the driver was spending too much time on the road and not getting enough rest, which could lead to negligence on behalf of multiple parties.

Inspection of Physical Evidence

Finally, hiring an expert in accident forensics and having them inspect the truck, your vehicle, and the accident scene may reveal hidden clues hinting at negligence. Speed, direction of impact, and more can be deduced just through a thorough inspection of what's left in the impound lot.