To win a truck accident case, injured victims must show that the trucker or someone else was to blame for the wreck which injured them. At a minimum, the injured victim can’t have caused the crash, because Georgia law prohibits them from obtaining compensation when they are 50% or more at fault.
The foundation of any injury claim is evidence. Witnesses and police reports are critical, but truck accident cases often turn on harder-to-find pieces of evidence, which is one reason why a truck accident isn’t the same as a car accident. In a truck accident, your attorney can reach out to the trucking company and ask them to preserve relevant employee records and inspection reports. Call Stewart Miller Simmons Trial Attorneys so one of our Atlanta truck accident lawyers can immediately begin gathering evidence for your case.
Drug Tests
The trucker could have been intoxicated or high when they started their shift. The trucking company is supposed to follow federal regulations, which require drug testing after most collisions. Companies must test in other situations, too, such as randomly or whenever they have reason to suspect their employee is impaired.
We want to see the test results, which might show the trucker was intoxicated the day of the accident. We might also uncover a pattern of the trucking company failing to perform regular tests or refusing to suspend a trucker who has failed a test.
We can use this evidence when seeking compensation. No trucker should drink or do drugs before their shift, and we can hold them accountable.
Trucker Physical Exams
Every trucker must pass a physical exam before they are allowed behind the wheel. This exam is good for two years, after which the trucker must undergo another physical.
Trucking is a grueling profession. Many long haulers deal with sleep apnea, diabetes, or cardiovascular disease. They could have a medical crisis behind the wheel, which leads to devastating accidents.
We are often curious to look at the physical exam or check whether the trucker even took an exam. Some companies might not have required one because they were anxious to get someone hired. The trucking shortage has led some companies to grab any trucker, even someone who is in poor health.
Truck Maintenance Records
Sometimes the trucker drove as carefully as we can reasonably expect. Instead, your accident was the result of a defect on the truck. Brakes might fail or the suspension system could falter, making the truck unmanageable.
Federal regulations require both pre- and post-trip inspections. Trucking companies should also pull any truck which they have reason to suspect is not safe to drive.
We like to see maintenance records:
- There might be no records, which is a sign the trucking company is negligent about how it runs its business. Or the company somehow “lost” records which show their trucks need repairs.
- The records might show the trucker saw a defect but drove the truck anyway. That is negligent behavior.
- Other records might show mechanics did poor work or they fixed the wrong thing on the truck.
The biggest trucking companies keep all information to themselves and are not eager to share it, not even to an injured victim. Call our Atlanta truck accident lawyers for assistance gaining access to critical records. Where a dangerous truck is to blame, we can usually sue the trucking company directly for your accident.
Electronic Logging Device Data
Modern rigs have devices which continuously download information about the truck. This information can tell us how long the truck was in motion, the speed, and whether a trucker tried to brake or some other maneuver. Many people call this “black box” data, because the device is similar to black boxes in airplanes.
This type of “real time” data is invaluable for a truck accident claim. Before the invention of these logging devices, a trucker could fabricate a logbook, or else they could bend the truth. But it’s hard to argue with hard data from a logging device.
Our legal team can reach out to the trucking company and ask them to preserve the data for the truck involved in your accident. If they delete it, then we can ask a judge to punish them.
Cell Phone Records
Many truckers are distracted by their cell phones. According to one study, driver inattention was a critical factor in more than 80% of truck accidents. And nothing quite distracts truckers like cell phones and texting.
Despite a prohibition on hand-held phones, too many truckers are distracted. They might be texting family or friends, or they use text to communicate with their dispatcher. Whatever the reason, they should not be on the phone while driving.
We might seek access to the trucker’s cell phone records to determine if they were on the phone before the crash. That is a great way to prove the trucker was distracted.
Why An Attorney is So Critical
Most injured victims have no way of asking a trucking company to preserve this evidence. If you were hurt, then most of your time will be focused on healing. Going to the hospital and rehab is a full-time job.
Further, many victims don’t even know this evidence exists. Fortunately, we do. A member of our legal team can immediately jump in and demand that the trucking company preserve all evidence and make copies for our inspection. We might ask to inspect the truck involved in your crash and look at maintenance records.
Trucking companies defend themselves vigorously, and their insurers pull out all the stops to fight off claims. Hire the right legal team to negotiate for you and hold these large companies responsible for the accidents they cause.
Contact Stewart Miller Simmons Trial Attorneys Today
Truck accident victims struggle with job loss, pain, and expensive medical bills. They deserve a fair shake during the claims process. Our Atlanta truck accident lawyers will fight to make sure you receive a meaningful settlement for your injuries and property damage. Do not hire an inexperienced lawyer but instead call us today at (404) 529-3476 to set up a free consultation.