Proving Negligence in a Commercial Truck Accident Case
The aftermath of a commercial truck accident can be frightening, overwhelming, and confusing. You should not be concerned with gathering evidence and proving negligence to recover compensation for your injuries. You need to focus on your recovery and your family while our Fresno truck accident attorney and our legal team work on your behalf to prove your claims.
Proving liability in a truck accident case is much more complicated than proving liability in an accident involving two passenger vehicles. We need to perform a thorough truck accident investigation. Because there is evidence available in a truck accident case that is not available in other motor vehicle accident cases, you want an attorney who understands these types of traffic accident claims to handle your case. Our Fresno truck accident attorneys have extensive experience handling truck accident claims.
Important Information About the Truck Driver
Unfortunately, many commercial truck accidents involve driver error. Proving negligence and driver error can be complicated. However, certain information you can obtain through employee records can help prove liability. Examples of evidence we obtain about the driver in a commercial truck case include:
- Driver Background Checks – A truck company should conduct a criminal background check before hiring a driver. Reviewing the employee records may indicate the company did not perform a background check or something in the results should have resulted in the company not hiring the driver.
- Proof of Driver Qualification – Drivers must have a commercial driver’s license (CDL) in good standing to operate a large truck. Furthermore, the driver should have a medical certificate showing he is fit to operate a commercial truck. Lastly, the driver should have regular alcohol and drug screenings, especially after a crash. A review of this information may reveal problems that help support an allegation of driver error or company negligence.
- Driver Logbooks – Federal laws and regulations limit the hours a commercial truck driver can be on duty. A review of the driver’s logbook may reveal violations of the driving restrictions that support an allegation of fault.
Evidence to Prove Mechanical Failure
In some cases, mechanical failure causes a commercial truck accident. The mechanical failure could be due to one or more causes. The evidence we use to determine the cause of a crash and prove negligence include:
- The Truck’s Black Box – A truck’s black box records what happened immediately prior to the collision, in addition to other useful information. We must act quickly to preserve this evidence before it is destroyed or recorded over.
- Inspection and Maintenance Records – Liability could lie with the truck company or another third party if inspection and maintenance records reveal a problem that was not repaired.
- Repair Records – Records showing the truck has repeated mechanical problems or problems that are not fixed can put the blame on the trucking company.
- Pre-Trip and Post-Trip Reports – The driver should conduct inspection reports before and after every trip. These reports can often reveal valuable evidence about mechanical failure that could contribute to a collision.
- Annual Inspection Reports – Each truck must be inspected Detailed reports can indicate poor performance, lack of maintenance, or recurring problems that point to negligence by one or more parties.
Other Evidence We May Use
As with other motor vehicle accidents, we may use some of the same types of evidence to prove negligence in a commercial truck case. Eyewitness testimony, police reports, traffic cameras, expert testimony, property damage, and photographs of the accident scene are all sources of valuable evidence we can use to prove negligence and fault in a commercial truck accident case. Our Fresno truck accident attorneys have extensive experience investigating truck accident claims to identify and preserve key evidence we need to prove your claim.
Call Our Fresno Truck Accident Attorney
If a truck driver has injured you or your family member, you need a Fresno truck accident attorney to fight for your right to receive full compensation for your claim. Call Torem & Associates at (888) 859-4434 or use our online contact form to schedule a free consultation.