How is fault proved in a trucking accident? What kind of evidence do we need?
Determining who was at fault in a trucking accident can be a complicated process. When liability is clear, the chances of a quick settlement are more likely. If it looks like you have a 50-50 chance of wining, or are partially at fault, or have questionable damages, the insurance company will determine whether it is going to cost them more to defend the case, or just get rid of it with a quick settlement. When that is the case, the settlement offer will be as low as possible. In order to bring that amount up to what is fair requires evidence. The evidence necessary to prove fault will depend on the parties in the case and the roles they played in contributing to the accident that caused your injuries. Although you may personally be able to collect some of the evidence that will establish fault - photographs of your car, statements from witnesses, a diary of your own recollection of the cause of the accident – you are wiser to put the majority of evidence collection in the hands of an experienced attorney.
Insurance companies have experienced lawyers and a lot of capital. Attempting to prove fault on your own without the aid of a truck accident lawyer is foolhardy. Trucking accident insurers are experts at defending trucking accidents – that is what they do all the time. It is common practice in this industry to have a team of in-house collision experts (attorneys, investigators) whose sole task is to investigate and prepare a defense immediately following an accident. They know which experts (such as accident reconstruction experts, computer graphics technicians, forensics specialists, metallurgist, certified safety specialists) to hire to show that their insured was not at fault in any given accident. You need an experienced trucking accident lawyer to level the playing field.
Through the process of litigation, your lawyer will collect evidence of fault: trucking logs, eyewitness accounts, the driver’s log, cellular phone log, communication log between driver and the company, driver’s safety record, safety rating, driver’s personnel file, out-of service inspection, driver’s qualifications, training experience, etc. Your lawyer will also try to establish fault by asking the driver and the driver’s employer questions in interrogatories and in depositions. For example, your attorney might focus on the following issues, to establish the fault of the following parties:
• Negligent hiring claim against the company: Did the company know about the driver’s bad driving record when he was hired?
• Negligent hiring claim against the company: What was the driver’s experience level when he was hired?
• Negligence claim against the driver: Were alcohol or drugs involved?
• Negligence claim against the company: Was the truck overloaded or improperly loaded?
• Products liability claim against the brake manufacturer or negligence claim against the leasing company or trucking company: Did the brakes malfunction?
If necessary, your trucking accident lawyer may hire an accident reconstruction expert, or other experts to establish the fault of the driver. All of this evidence will be used in settlement negotiations with the insurance company. To maximize your recovery, you need as much evidence in your favor as possible. |
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