Nebraska Truck Accident Attorney Explains Evidence Collection and Preservation That Helps Your Case
When you’re struggling after a collision with a semi, big rig, tanker, or another large commercial vehicle, your first thought isn’t to slip out of your car and start taking pictures. But all evidence relating to your truck accident is critical to the outcome of your injury claim—and unfortunately, securing the many types of it isn’t something you can do alone.
Brothers and founders John Beck and Paul Beck are skilled truck accident lawyers and know exactly what aspects of proof to obtain, preserve, and apply to the strategy of your case. Here’s how the process works.
Evidence is the Cornerstone of a Successful Truck Accident Claim
It’s vital to your potential compensation to establish the link between the defendant's actions and the resulting harm. The burden of proof lies with you, the plaintiff, to demonstrate that the truck driver's or trucking company's negligence directly caused the accident, how you were hurt, and the resulting economic and non-economic damages.
So our entire team at Beck & Beck Attorneys works quickly to gather and present evidence to build a persuasive case and hold all responsible parties accountable. Here are the key types of evidence critical to your case.
Black Box or Electronic Logging Device Data
Black boxes, also known as event data recorders, contain critical information that helps semi-truck accident investigations. These devices record several different aspects of the vehicle after an incident or collision, including:
- Sudden deceleration or braking
- Airbag deployment
- Cruise control use
- Speed when braking
- Steering angles
- The tilt of the vehicle
- Other aspects
Semis may also be equipped with electronic logging devices (ELD) that retain various data, such as the distance a truck has traveled and when the engine is running. The information from ELDs is valuable in proving liability after a truck accident. A Nebraska truck accident lawyer can help secure data from these devices, especially if a court order is required to do so.
Trucking Records
Trucking companies may be resistant to releasing the records related to their big rigs, but our experienced legal team can help. Repeat requests, a certified letter, a subpoena, or a court motion may be needed to obtain the necessary records with details about:
- Adherence to federal guidelines for hours of service
- Maintenance logs
- Hiring, training, and supervision details
- Load records
Incident Description
We might also ask you to submit a detailed account of exactly what happened to the best of your knowledge. This description is based on your recollection and includes the date and time of the crash and any relevant details.
Police Report
The police report for your case may contain statements from those involved in the collision, other witnesses, records of any citations, and information or observations from law enforcement regarding the accident scene. When you work with us, our office supplies your police report for free.
Photos or Video of the Accident Scene
Another valuable source of evidence may be found on traffic cameras, storefront surveillance cameras, and other public and private sources. Footage from traffic cameras can be obtained through the Freedom of Information Act. The semi truck might also have a dash cam, and our team works quickly to request and preserve that recording. If public or private sources are unwilling to share the footage or photos, we may have to secure it through subpoenas.
Physical Evidence of the Scene
Your accident attorney can work with law enforcement or other experts to obtain any physical evidence or photos that are pertinent to your case. This might include debris, skid marks, road conditions, and other factors.
Cell Phone Data
What was the trucker doing at the time of the accident? If they were texting, reviewing cell phone records helps prove that distraction contributed to negligence.
Medical Records
The type and severity of your injuries as a result of the collision can be proven through your medical records. However, you don’t want to give an insurance adjuster access to your entire medical history—our attorneys simplify the process by only requesting the necessary information related to the accident with your written permission.
Toxicology Reports
A toxicology report reveals if the truck driver was under the influence of alcohol, medications, or illegal drugs during the accident. The Nebraska State Patrol Crime Lab processes chemical substances reports for moving violations, but alcohol testing is provided by the state’s Health and Human Services lab. These reports may be public records, but our team will issue a detailed public records request to both divisions, if necessary.
Reconstruction and Expert Witness Testimony
In some cases, a big rig accident scene may need to be reconstructed or analyzed by industry experts in areas such as:
- Trucking safety
- Accident reconstruction
- Medical or financial evaluations
- Forensics
Our attorneys won’t hesitate to rely on qualified professionals with the knowledge to reinforce key points of evidence that support your truck accident injury claim.
Beck & Beck Attorneys work diligently to get results. Auto accident law is all we do, and we believe you’ll benefit from our valuable experience gained through this exclusive legal focus.