Personal Injury Lawyers in Fort Myers & Other Areas in Florida | Car Accident, Wrongful Death, Child Injury & More | Harris Law Firm, P.A.
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Truck Crash Lawyer

Immediately following a trucking accident, evidence must be compiled for possible legal action, such as a personal injury lawsuit.  The necessary proof will focus on the truck accident scene, property damage, injuries involved and information about both the truck driver and the trucking company.

Evidence at the Scene of the Truck Accident

It is rare when a truck crash scene doesn't provide enough evidence to permit investigators to ascertain what happened and who was at fault.  Processing and preserving evidence at the scene of the accident should be done by police, sheriff's office, or highway patrol it's important for you as the victim to record what has occurred, including photos of the damage and the area, gathering witness information and so on.

Obviously, if you have been seriously injured, then your primary, or only, focus should be healing. Your truck accident attorney will work on gathering this evidence after the fact; but this demonstrates why it can be so important to retain an experienced accident lawyer as soon as possible.
 
Attention to detail is an absolute obligation in protecting evidence, as it includes:

  • Carefully photographing the scene of the tractor trailer accident to include all vehicles involved, all placards and markings on the commercial vehicle;
  • Personal injuries of all parties involved and the surrounding area
    collecting and photographing physical evidence, such as skid marks and crash debris.
  • Noting the immediate area to include sight distances, environmental conditions (foliage, weather), lighting, and any visible.
  • Securing police accident documents to include any photographs and videos, as well as any accident debris inventory.
  • Immediately arranging to have the commercial truck inspected by an expert (where appropriate)
  • Securing the commercial vehicle's black box and preparing for the contained information referring to pre- and post-accident speeds and conditions to be downloaded;
  • Talking to witnesses and the investigating trooper or officer and recording their statements.

If you're too hurt to take photos or even to speak to police immediately after your semi-crash, then it's critical that you or a family member find an experienced accident attorney -- one who has investigated truck accidents before -- as quickly as possible so they can analyze your police report and start collecting important evidence in your case.

Evidence from the Trucking Company

Beyond the evidence which has to be collected  at the scene of the trucking accident, proof must be collected from the trucking company as well.  This evidence will contain information regarding:

  • Driver qualification files and documentation
  • Hours of service regulations
  • Drug and alcohol testing the truck company has performed on the driver in the accident
  • Information regarding the truck's load
  • Securing depositions (recorded testimony under oath) of company personnel including the driver
  • Maintenance records, trip inspection reports, driver's logs, and other applicable documents for the commercial vehicles
  • Information on all shippers or cargo who may share liability for the victim's damages.

A full-blown trial on a 18 wheeler accident (while rare, as well-prepared truck crash cases often settlement in serious injury or wrongful death cases) may involve an accident reconstruction performed by an expert in the field.  It's critical that none of the vehicles involved in the semi crash are repaired prior to the trial, as this could prevent accurate results from being compiled.

Southwest Florida Personal Injury Attorney

After collecting evidence from the truck accident scene and from the trucking company, your accident lawyer will be in a position to determine who is at fault and litigate your claim.  Even something as simple as a truck driver's log book can establish negligence if the semi-truck driver was working longer hours than permitted by Federal law.

That's why a seasoned, aggressive, and ethical crash attorney can be so important to advancing your personal injury case.

Contact us today regarding your big rig crash case.  Maybe we can help.

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