What Evidence Do You Need in a Truck Accident Claim?

When facing the aftermath of a serious truck accident, it’s reasonable for you to feel overwhelmed, confused, and uncertain about what steps to take next. You know that building a strong case is critical, but you might wonder what evidence you need to ensure you can prove the damages you sustained. At Greenspan & Greenspan Injury Lawyers, we understand how difficult this time can be, and we are here to guide you through the legal process and fight for the full and fair compensation you deserve.

Since 1959, our experienced team has aggressively represented the best interests of New York clients. We know that strong evidence in a truck accident can mean the difference between a successful and denied claim, and we are ready to help you build the most compelling case possible.

Truck Accidents Can Leave Victims at a Disadvantage

Truck accidents are often devastating. Due to their size and weight, large trucks cause severe injuries and significant property damage. Unfortunately, insurance and trucking companies have teams of lawyers working to minimize their liability from the moment an accident occurs. Without solid evidence in a truck accident claim, it can be difficult for victims to obtain the justice and recovery they need.

According to the National Highway Traffic Safety Administration (NHTSA), over 71% of people killed in large-truck crashes in 2022 were occupants of other vehicles. This highlights how serious these accidents can be and why gathering evidence is critical. We highly recommend that you do not take on trucking companies alone. They have likely been in this situation before and know how to minimize their liability. 

The Importance of Evidence in Truck Accident Claims

The importance of evidence in truck accident claims cannot be overstated. A successful claim must demonstrate who was at fault and the extent of the damages suffered. Determining the liable party is crucial, which can be complicated in truck accidents. In some instances, there may even be multiple liable parties. Insurance companies require proof before agreeing to pay, and courts need compelling evidence to award compensation.

Our attorneys work to quickly secure and preserve key evidence, knowing that time is critical. The sooner you act, the better your chances of recovering important records and documentation before they are lost or intentionally destroyed.

What Types of Evidence Do I Need to Prove Negligence?

To hold the at-fault party responsible, you will need multiple types of evidence to prove negligence in a truck accident case. Some of the most important forms of evidence include:

• Police reports. In New York, law enforcement officers must file an official crash report for any accident resulting in death, injury, or property damage exceeding $1,000. This report can contain critical observations and initial fault assessments.
• Electronic logging device (ELD) data. Federal regulations require commercial trucks to have ELDs that record driving hours. This data can help prove if a driver violated hours-of-service regulations.
• Driver employment and training records. Employment files may reveal poor hiring practices, inadequate training, or previous safety violations.
• Maintenance logs. A lack of regular inspections or repairs may point to negligence on the part of the trucking company.
• Witness statements. Eyewitnesses can provide an unbiased account of how the accident occurred.
• Photos and videos. Visual evidence from the scene, including dashcam footage or surveillance videos, can be incredibly powerful to demonstrate what happened.

Your attorney can help you determine what evidence is available and how to retrieve it based on the circumstances of your claim. 

Collecting Evidence and Documentation for Your Claim

Acting quickly and strategically when collecting evidence and documentation for a truck accident claim is critical. Trucking companies often have strict recordkeeping policies, but are only required to maintain certain documents for a limited time under federal law. Generally, companies must keep driving logs for only six months. After that, they may not be recoverable, which could be detrimental to your case. 

Our attorneys send immediate spoliation letters to trucking companies demanding that they preserve critical evidence. We also conduct thorough investigations, consult with accident reconstruction experts, and subpoena necessary records to ensure no piece of evidence is overlooked.

What Steps Should I Take Following a Truck Accident?

After a truck accident, you can take several important steps to help preserve your right to compensation:

• Seek medical attention immediately, even if you feel fine, as some injuries are not immediately apparent;
• Report the accident to law enforcement and obtain a copy of the official police report;
• Document the scene with photos or videos, if it is safe to do so;
• Get contact information for witnesses and anyone involved in the accident;
• Avoid speaking with insurance adjusters before consulting with a lawyer; and 
• Contact an experienced truck accident attorney as soon as possible.

Even if the opportunity to take some of these steps has passed, that is alright. An experienced truck accident attorney can help you determine the best way to move forward with the information you have. 

How Greenspan & Greenspan Injury Lawyers Can Help You Secure Evidence In a Truck Accident

At Greenspan & Greenspan Injury Lawyers, we are committed to helping New York clients recover after devastating accidents. We know how critical strong truck accident evidence is, and we fight aggressively to collect every necessary document, interview key witnesses, and build the strongest case possible.

We are not just here to get you financial compensation. We are committed to supporting your full recovery by ensuring you receive the medical treatment, rehabilitation, and support services you need to move forward with your life.

If you have questions about what evidence you need in a truck accident claim or if you are ready to move forward, contact our dedicated legal team today. We are prepared to stand by your side, protect your rights, and pursue the justice you deserve.