The Importance of Collecting Evidence After a Truck Accident
Key Takeaways
- Evidence is critical in proving fault, linking your injuries to the crash, and securing full compensation.
- Trucking companies and insurers fight hard to minimize payouts, making strong documentation essential.
- Types of key evidence include police reports, photos/videos, witness statements, medical records, ELD data, and company maintenance files.
- Time is critical — skid marks fade, records can be erased, and trucks may be repaired or scrapped quickly.
- The Callahan Law Firm acts fast to preserve and gather evidence, giving you the strongest case possible.
Evidence is critical in Texas truck accident claims. Not only do you have to prove that the truck driver, trucking company or some other entity caused or contributed to the collision, but you must also connect the crash to your injuries and financial losses. Without essential evidence after a truck accident, you’re unlikely to recover fair compensation, or you might lose your case and come away with nothing.
That’s where The Callahan Law Firm comes in. Our Houston personal injury lawyers have extensive experience with truck accident investigations and know what evidence is needed to prove your case. We can examine your truck accident case from every angle to identify how the crash happened, why it happened and document the harm you’ve suffered. Call now at (713) 589-7767 or complete our contact form for a free case review with our truck accident attorneys. Our office is conveniently located at 440 Louisiana St #2050, Houston, TX. Yes! Your personal injury consultation is free.
Why Evidence Matters After a Truck Crash
It is an unfortunate reality that, after a devastating truck accident, the trucking company and its insurers will be fighting against you when you seek compensation for your losses, damages, and injuries. To have a successful truck accident claim, you must provide evidence that the truck driver, trucking company, or another party caused the accident to convince an insurer that a settlement is better than a prolonged, expensive trial. And if your case does go to court, you need the right evidence to persuade the judge or jury.
Furthermore, maximizing your compensation requires thorough documentation of your medical treatment and expenses, lost income, and other harm from the accident. If you don’t have essential evidence in a form that is admissible, you may have to settle for less than your claim’s full value.
Types of Evidence That Can Support a Truck Accident Claim
Some types of evidence that can prove your truck accident claim include:
- Police accident report – The responding officer’s crash report should contain details about the crash, such as diagrams, witness names, and notes about potential traffic violations. Insurers frequently rely on these reports to provide an independent account of the collision, and the officer’s findings can back up your version of events.
- Photos and videos from the scene – Images of vehicle damage, skid marks, road conditions, and injuries can paint a clear picture of how the collision happened. Visual evidence makes it harder for a trucking company or insurer to dispute fault or your damages.
- Witness statements – Testimony from people who saw the crash can confirm your account and challenge claims made by the truck driver or their employer. For example, someone may have seen the truck drifting out of their lane or following too closely behind your car.
- Medical records – Detailed records show the extent of your injuries, the treatment you received, and the costs of your care. These documents connect your injuries directly to the crash while illustrating your financial losses.
- Electronic logging device (ELD) data – Most commercial trucks have ELDs installed that record the truck driver’s time spent driving as well as data such as speed and braking during the time leading up to the crash. This data can establish liability and help prove the truck driver was fatigued, speeding, or violating federal hours-of-service rules.
- Employment and maintenance records – A trucking company’s files may show poor vehicle upkeep or inadequate driver training, which are all too common factors in these crashes.
A skilled truck accident lawyer knows how to act fast to secure this evidence before it disappears.
Did you know?
Federal regulations require trucking companies to store ELD data for only six months. Quick action is crucial to make sure you can recover this data before a company deletes it, which can weaken your case.
What Makes Truck Accident Investigations More Complex?
One factor that complicates truck accident investigations is that you’re usually not just dealing with the truck driver. You should also look at the trucking company, shippers, brokers, maintenance contractors, or equipment manufacturers depending on the circumstances. Additionally, large trucks have electronic logging devices, GPS data, and maintenance records that your lawyer must review for signs of negligence. These records can disappear quickly if you don’t act quickly to preserve them, which adds more time pressure in these cases.
Furthermore, state and perhaps federal trucking regulations come into play, which makes it necessary to check whether the truck driver or trucking company broke rules about driver hours, inspections, or weight limits. On top of that, insurance companies for trucking businesses will work aggressively to protect themselves. All these moving parts make it harder to get clear answers and highlight why doing a thorough investigation is essential.
How Fast Action Helps Protect Critical Evidence
Swift action is crucial to protect evidence after a truck accident. Evidence like skid marks, vehicle debris, and road conditions can disappear within hours or days. Similarly, a trucking company may alter or erase electronic logging device data and GPS records if you don’t request them timely. Trucking companies may also repair or scrap a damaged truck before anyone inspects it. In addition, witnesses’ memories can fade over time, making it harder to get detailed statements later.
What Happens If You Don’t Have Enough Evidence?
It’s much harder to prove who caused a truck crash or show the full extent of your losses without the right evidence. Insurance companies will likely use the lack of documentation to deny your claim or offer you far less than your case is worth. Without strong proof, you risk being left with unpaid medical bills, lost income, and other expenses.
How The Callahan Law Firm Helps Preserve and Collect Evidence
Our Houston truck accident lawyers can help preserve and collect essential evidence as needed after a collision.
They can help you by:
- Sending legal notices to the trucking company to prevent them from destroying maintenance records, driver logs, or damaged vehicle parts.
- Collecting and reviewing electronic logging device data, GPS records, and information from the truck’s event data recorder (also called a “black box”).
- Inspecting the vehicles involved before they are repaired or scrapped to document mechanical failures or safety issues.
- Interviewing witnesses quickly to capture accurate details before their memories fade.
- Gathering police reports, accident reconstruction analyses, and other official documentation.
- Working with experts to analyze the truck driver’s behavior, maintenance practices, and potential violations of federal trucking regulations.
Call The Callahan Law Firm for Help After a Truck Accident
At The Callahan Law Firm, we have spent over 30 years standing up for people injured in serious accidents, never corporations or insurance companies. We keep our caseload small to make sure the people we do represent receive the focus, compassion, and attention you deserve. We prepare for each case as if it will go to trial, and our results reflect that dedication.
With board-certified attorney Michael S. Callahan on your side and partner Casey M. Brown’s inside knowledge of insurance defense tactics, we have the experience and resources to fight for your rights. Call now at at (713) 589-7767 or complete our contact form for a free consultation.