Truck accidents are complex cases which rely on various pieces of evidence. An early and thorough investigation of the crash is critical for obtaining compensation. At Chance, Forlines, Carter & King, P.C., we have spent decades helping accident victims receive monetary compensation for their injuries and property damage.
Contact us to speak with an experienced Atlanta truck accident lawyer about your case. We have won large settlements for many clients and are eager to hear your story. Below, we explain why an early investigation is so important.
Evidence Can Disappear
Truck accident victims need to prove who or what caused the accident. This is called establishing “fault.” In most situations, a trucker or trucking company is to blame for the collision. We cannot recommend enough how important it is to gather evidence in support of your claim as soon as possible.
Physical Evidence at the Scene
Some of the most important evidence includes skid marks, which can show a driver took swift action to avoid a crash, as well as any obstructions, such as tree branches obscuring stop signs. This evidence can disappear with the passage of time.
The Truck
A truck defect could have caused the crash. We would like to inspect the vehicle before the trucking company fixes it. Sometimes these defects stem from improper or negligent maintenance, or the part could have a design or manufacturing defect. Either way, first-hand observation of the truck is useful. The more time passes, the more likely the trucking company fixes the truck and eliminates the evidence.
Witnesses
Witnesses are also critical. They can provide their perspective of what happened. Maybe they saw a trucker blow through a red light or make an aggressive lane change when a car was already in the lane. These witnesses can help bring the accident alive for those who were not there to observe it.
Over time, even the best witness can have their memories fade. They might even move, so the phone number or address you have for them is out of date. Ideally, you should get their testimony down on paper as quickly as you can. We recommend reaching out to our Atlanta truck accident lawyer for help interviewing witnesses and memorializing their testimony.
Electronic Data from the Truck
Modern trucks are outfitted with data recorders. The data can tell us a considerable amount about the truck and the accident, such as:
- The vehicle’s speed,
- Date and time of the accident,
- Any maneuver made by the trucker in the moments before impact, such as braking.
Because the data is so important, we can’t rule out that a trucking company might tamper with it or otherwise lose the data. An attorney can send a letter to the trucking company and inform them of their duty to preserve this evidence for your legal team’s inspection.
Log Books
Truckers are limited in the number of hours they can work each day and week. The log book should properly reflect the hours on the road. Sometimes these books go missing or are clearly edited after the fact. You can improve your case by quickly requesting access to the books and copying them.
Inspection Records for the Truck
By law, truckers should perform both pre-trip and post-trip inspections. These reports can identify a defect on the truck, which might have led to an accident. As with electronic data, the key is to ensure the trucking company properly preserves this information and does not tamper with it. A lawyer can notify the trucking company of their legal obligations when it comes to evidence.
The Trucking Company is Performing an Immediate Investigation
Early collection of evidence is important, which is why the trucking company will likely send one or more investigators to the scene of the accident. Within one or two hours, these investigators are busily collecting evidence to use in the case: speaking to witnesses, inspecting the truck, photographing the scene, and so on. Although we can ask for access to the evidence, it might be a fight.
Most cases involve a trucking company as a defendant, even if the trucker was really to blame. In Georgia, employers are usually legally responsible when their employees carelessly hurt someone, so the trucking company steps up immediately and starts gathering evidence to use in their defense.
Call Chance, Forline, Carter & King, PC
Trucking companies in Georgia play to win, so injured victims should quickly call our office to speak with an Atlanta truck accident lawyer. Our consultations are free.