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The types of evidence in truck accident lawsuits

On Behalf of | Dec 29, 2020 | Motor vehicle accidents |

Truck drivers in Indiana and around the country are not often eager to admit that they were intoxicated, distracted or dangerously fatigued when they lost control of their vehicles and crashed. This is why truck accident victims who plan to pursue civil remedies may be wise to gather as much evidence as possible. The logistics industry is heavily regulated and serious commercial vehicle accidents are usually investigated thoroughly by the authorities, which can make obtaining evidence that could be used to prove negligence in court far more straightforward.

Inspections and accident reports

Before damaged trucks are removed from an accident scene, they are often examined by certified inspectors for mechanical defects that could have played a role. The results of these inspections can be crucial evidence in truck accident lawsuits. A copy of the police accident report should also be obtained as it may contain descriptions of the road and weather conditions and the names of any witnesses.

Inspections and accident reports

Blood samples may be drawn from truck drivers who are involved in serious accidents to find out if they were under the influence of alcohol or drugs. If these tests are positive, meeting the burden of proof in a civil lawsuit could be far less challenging. Another potential source of evidence is the electronic logging devices that federal regulations require semi-tractor trailers to have. This data could reveal that the truck driver ignored hours of service regulations and was likely fatigued.

Spoliation letter

When experienced personal injury attorneys file a truck accident lawsuit, they may send the defendants what is known as a spoliation letter. This correspondence is sent to ensure that all documents, reports and logs related to the events in question are preserved. Attorneys could then use subpoenas to obtain this evidence along with cellphone and medical records.