How to Determine Liability after a Truck Accident

In the event that you or anyone you love is involved in a truck accident and the evidence at the accident scene indicates that driver of the truck or the trucking company is liable you should make reach out to your truck accident attorney immediately. Doing so is very important because it serves as a guarantee to get all the necessary documentation required to prove liability and successful claim compensation. 


These documentations are extensive and will usually include:


i. The official accident Report

This is the initial report that is drafted by the lead officer assigned to investigate the accident scene in a bid to establish liability. Your attorney will help make sure that this particular report is thorough and complete. 


ii. The Driver's Log

Although the drivers log serves a source of valuable information in proving liability, it is important to note that most trucking companies can only keep such records for up to six months after which most of them are destroyed. As a truck accident victim, it is important to make sure that through your lawyer, you move quickly and collect time sensitive information linked to the driver’s log.


iii. Fuel Receipts 

These receipts are very important since they help verify the trucker’s alleged routes as well as the speed recorded in the driver’s log. Any discrepancies between the time and fueling location when compared to the driver’s log can help the truck accident attorney prove liability. 


iv. The Black box

Most modern trucks are fitted with electronic modules dubbed ECMs or the black box as they are commonly referred to. These modules are designed to record the speed of the trucks as well as other details such as when the driver intimated brakes. All this data however, can easily be wiped out hence it is important to liaise with your attorney to have the black box in your possession immediately after the accident in order to increase your chances of proving liability. 


v. The Driver's Record

Collecting the driving history of the trucker is also important since it may help prove whether the driver violated his/her hours of service.


vi. The Truck's Maintenance records

Close scrutiny of the maintenance records may help proven whether or not the truck had any recurring mechanical problems e.g. problematic brake system or if it was properly maintained. 


Upon completion of collecting all these documents, the truck accident attorney representing you will be able to go through and use the evidence to determine and prove if the driver or employer of the truck driver should be held liable for punitive damage or wrongful death considering how serious the accident was. Click here for more information on the same.