Evidence in Truck Accident Cases
Victims who have suffered injuries in a truck collision have a right to pursue compensation from the driver or trucking company/shipper that caused their harm. The physical and emotional devastation that accompanies these catastrophic accidents may leave a victim and their family overwhelmed. At Nagle & Associates, we focus our legal practice on helping truck accident victims. In this undertaking, we seek to provide one source of answers and assistance for all of the financial, medical and emotional issues that arise for our clients. Before founding the firm, Raleigh truck accident attorney Carl Nagle defended truck drivers and trucking companies, and he understands that commercial insurance carriers always work to minimize victims’ claims and avoid payment. By relying on demonstrative evidence to prove the full extent of harm, we seek to recover maximum compensation from the truck driver, the trucking company, and their insurance carriers. Our knowledge and inside understanding of commercial insurance practices helps us to overcome coverage defenses, and our experience with federal truck accident litigation enables us to identify and prove every driver and trucking company error that contributed to causing the collision. Accident victims may recover payments through private settlements with insurance carriers that provide compensation for past and future medical costs and missed wages from work, as well as emotional distress and other damages. We are proud to have recovered hundreds of millions of dollars on behalf of clients throughout North Carolina, and we continue to offer dedicated, professional representation to injured individuals and their families.
Obtain the Evidence Needed to Prove Liability Following a Truck Accident
Evidence of carelessness or negligence in a truck accident case takes many forms. When a victim of a truck accident pursues a personal injury claim against a driver or trucking company, they have the “legal burden of proof” which means that the victim must come forward with admissible evidence to prove all errors of the truck driver and the trucking company. This burden may be met by presenting evidence of noncompliance with federal and state laws, which are enacted and enforced to protect the safety of people who share the road with large trucks.
The Federal Motor Carrier Safety Administration (FMCSA) enforces rules for truck drivers, and often these regulations are a strong foundation for showing careless conduct. For example, truck drivers are required to maintain logbooks and delivery records. By logging hours on the road, as well as rest hours, driver fatigue may be reduced. On-board electronic records also monitor the hours that a truck driver stays on the road. In many situations, this electronic record is more reliable than a logbook and may demonstrate whether a driver was fatigued while operating the truck.
Driver fatigue causes many truck accidents throughout North Carolina. Falsifying logbooks in order to drive for extended periods of time may expose the driver and the company to liability if a fatigued driver causes a collision. In addition to logbooks, delivery receipts may be used to prove the distance traveled in a period of time, possibly revealing a violation of FMCSA regulations.
Electronic data recording may help a victim meettheir burden of demonstrating negligence in a truck accident claim. Some trucks are equipped with a “black box” that records the truck’s speed and whether the brakes were engaged before a crash. As a form of data recording, this type of evidence may demonstrate that a driver violated a traffic law, such as speeding, when the accident took place. In-truck cameras may show the driver’s activities inside the cab of the truck. If a driver was distracted or engaging in aggressive driving, the camera will present this evidence clearly. When a driver’s failure to use reasonable care leads to a collision, they may be held liable for this negligent conduct.
Finally, evidence in a truck accident case may include expert testimony and witness statements. Witnesses may present their version of how the accident occurred, which may strengthen a victim’s claim that the truck driver had been negligent at the time of the crash. People who saw the accident take place may be helpful to a victim’s case and may even help identify the negligent conduct that caused the collision.
Expert testimony by medical professionals and vocational professionals may help strengthen a victim’s claim for damages. The nature and severity of their injuries correlates to an estimated cost of future treatment, as well as the long-term effect of their injuries. Accident reconstruction experts may also offer their opinion about the potential causes of the crash, based on their professional analysis.
After setting forth evidence of negligence, a victim may be able to recover damages for their harm. This compensation takes the form of both economic and noneconomic damages, which include property loss, medical expenses, lost income, pain and suffering, and emotional distress. Extensive losses are common in truck accident cases, since victims may endure catastrophic harm.
Hire a Skilled Truck Accident Attorney in Raleigh or Beyond
At Nagle & Associates, we only represent accident victims, and we understand how to prove legal fault following a truck accident. We investigate all potential causes of the crash, obtaining information that often documents a driver’s failure to abide by safety standards, as well as the trucking company’s potential fault. Trucking companies and commercial insurers will work to avoid liability, and a skilled motor vehicle collision attorney can aggressively enforce your right to recover compensation as an accident victim. Raleigh truck accident lawyer Carl Nagle has the resources and experience necessary to prove your claim. We are proud to advocate on behalf of people throughout North Carolina, including those in Raleigh, Winston-Salem, Asheville, Wilmington, Hickory, Greensboro, Charlotte, and other cities in Guilford, Wake, Forsyth, Mecklenburg, Brunswick, Durham, New Hanover, Catawba, and Cumberland Counties. Your initial case evaluation is free, so contact our office today online or by calling (800) 411-1583.