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If you intend to bring a personal injury or wrongful death claim after a truck accident, the outcome of your case will ultimately hinge on the strength of your evidence. Unfortunately, much of the evidence needed to support your case might be time-sensitive, and it’s not unheard-of for trucking companies to withhold or even cover up evidence of negligence.
A seasoned truck accident lawyer can help you compile essential evidence while it is still available. If the defendant refuses to hand over evidence voluntarily, your attorney can work to obtain it by filing a subpoena.
At the end of the day, the kinds of evidence needed to support your case will depend on the circumstances; however, the following evidence often plays an important role in truck accident lawsuits.
Liability will most likely be established by proving negligence, meaning that the defendant or one of its employees breached the duty of care owed to you or to your deceased family member. There are many ways that the negligence of a truck driver, motor carrier, or another party could lead to an accident. Examples include:
Depending on the cause of the accident, evidence of negligence may include:
You must be able to prove that your damages would not have been incurred but for the accident. In some cases, proving causation is fairly straightforward, but if you had a pre-existing condition, the defense might say that your damages would have occurred even if the accident had not happened. You might also face a causation dispute if the injuries were aggravated by your own negligence—for example, if you returned to work or strenuous activities against your doctor’s orders. This is called a “failure to mitigate damages.”
To counter these defenses, your lawyer might use the following evidence:
Depending on the types of damages you intend to pursue, valuable evidence may include:
The attorneys at Hodge & Langley Law Firm have many years of experience helping truck accident victims fight for the compensation they deserve. We have the resources to take on even the largest motor carriers and their insurance companies. Send us a message or call 864-585-3873 to schedule a free, no-obligation consultation.
Submission of information in this contact form does not establish an attorney-client relationship. In order to establish such a relationship with our firm we require a direct meeting with the attorney.