What Evidence Do You Need in a Truck Accident Claim in North Carolina?
Accidents involving large trucks often result in much more serious injuries to drivers of smaller vehicles. If you or a loved one were involved in a truck accident and have sustained injuries, you may be asking, “What evidence will I need to file a truck accident claim?”
Reach out to Riddle & Brantley for expert guidance on a wide range of truck accident lawsuits.
North Carolina Truck Accidents
In 2017, according to the National Highway and Traffic Safety Administration, large trucks accounted for 9% of fatal accidents nationwide. In North Carolina alone that year, tractor-trailers and semi-trucks were involved in 4,567 motor vehicle accidents.
In this blog post, we’ll answer the question, “What evidence do you need to file a truck accident claim?”, and also share some tips you can use to protect your legal rights in the event you’re injured in truck accident.
The Evidence You Need in North Carolina Truck Accidents
According to North Carolina law, when it comes to filing a truck accident claim, you must collect evidence to prove that the other party is at fault due to negligence. Due to the law of contributory negligence, you will also need to prove that your own negligence did not contribute to or directly cause the accident.
How to Prove Fault in a Truck Accident
It is understood that all drivers on the road share the same basic duties of care:
- maintaining control of their vehicle
- remaining alert
- obeying all traffic laws
If you can provide evidence that the other driver in your truck accident did not fulfill their duties of care, and by doing so, caused injury, you may be able to prove fault and make a claim for compensation.
In addition to collecting evidence, it is also important to have an experienced legal team on your side to help you every step of the way and help seek the maximum compensation you may be entitled to.
Riddle & Brantley’s experienced truck accident lawyers help accident victims in Raleigh, Charlotte, Durham, Fayetteville, Greensboro, Winston-Salem, and across the entire state of North Carolina pursue truck accident claims and lawsuits.
There is never any obligation and you won’t pay a dime in attorney fees unless we win your case. We would love to help you collect the evidence you need for your truck accident case if we can.
“So… What Kind of Evidence Do I Need in a North Carolina Truck Accident Claim?”
The evidence that you need to collect in a truck accident claim must show the ways in which the other driver was negligent, resulting in your injuries.
Common evidence for a truck accident case includes eyewitness testimony, photos or videos, medical records, driver logbooks, electronic data recordings, and expert testimony, among other types of information.
Some of the first and most important pieces of evidence in any truck accident case are your medical records. Documented by a medical provider, the records of your injuries and treatment will help calculate damages and determine the physical, emotional, and financial consequences of the truck accident.
If you’re injured in a truck accident, you’ll need medical records as evidence in your case. In order to protect your health AND your legal rights, be sure to seek immediate medical attention.
The Federal Motor Carrier Safety Administration has many rules and regulations designed to enforce driver safety. One of these is requiring drivers to maintain logbooks and delivery records which track how much time a driver spends on the road and at rest.
Fatigue is one of the largest contributing factors to accidents involving large trucks and driver logbooks can help determine if the driver or the trucking company violated the rules regarding mandatory rest periods.
In instances where logbooks are falsified, delivery receipts can also be obtained to cross-reference the hours logged and prove hours traveled between locations. If logbooks are found to be falsified, this may be strong evidence of negligence by either the driver or their company.
Electronic Data Recording
Many modern trucks are equipped with truck “black boxes” that collect data such as vehicle speed and brake deployment at the time of an accident.
If the recorded data shows that a driver was violating the speed limit or failed to employ the brakes in reasonable time before a collision, this may be evidence for driver negligence as they may not have been abiding by traffic laws at the time of the accident.
There are many other types of data that truck black boxes collect. An experienced truck accident lawyer can help obtain the black box and sift through the data to help prove liability in your truck accident claim.
If electronic data recording is also being used in tandem with a physical logbook, this can be used to cross-reference the entries in the logbook with the data collected by the black box, verifying whether or not the driver was falsifying their logbook.
In addition to truck accident evidence such as driver logbooks and data records, eyewitness evidence can be collected to help prove driver negligence.
Videos or photos taken at the scene either from bystanders or devices such as traffic cameras can be key pieces of evidence to show whether a driver violated traffic rules or displayed clear negligence in their duty to properly maintain control of their vehicle.
Witnesses can also provide testimony that can support collected evidence and may help support your claim.
If you’re wondering, “What evidence do I need to prove fault in a truck accident?”, be sure to identify and collect contact information from anyone who may have witnessed the accident. A truck accident attorney can help with witness interviews and depositions, as well.
In addition to data and eyewitness testimony, expert testimony may also be used to support your truck accident claim. Testimonies from medical providers can provide evidence for the injuries caused by the accident and their cost for treatment.
Accident reconstruction experts can provide a professional assessment of the scene of the collision and offer expert insight on the possible causes of the crash.
At Riddle & Brantley, we have a team of experienced truck accident investigators on staff to help evaluate the evidence for your injury claim. We also regularly bring in outside experts like accident reconstructionists and truck safety experts to help prove liability.
Injured in a North Carolina Truck Accident?
In addition to collecting evidence to support your claim in a truck accident, the next best thing you can do is get an experienced truck accident lawyer on your side to support you through every step of the claim or lawsuit.
At Riddle & Brantley, we have a team of truck accident lawyers with more than 220+ years of combined legal experience and multiple awards who are dedicated to seeking the maximum compensation our clients are entitled to (see disclaimers below).
We have recovered millions of dollars in compensation for our deserving clients, including several major settlements in recent truck accidents (see disclaimer below).
If you’re wondering, “What evidence do you need in a truck accident case?”, our attorneys can help.
As always, the consultation is free, there is no obligation, and we don’t get paid unless you do. No win, no fee.
Insurance companies often rely on tricks to avoid paying injury claims, so make sure you have a team on your side that will fight for you.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.
*** Disclaimer: An attorney must meet certain requirements to join these organizations or receive these awards. For more information on Membership Criteria for Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Super Lawyers, The National Trial Lawyers Top 100, The National Association of Distinguished Counsel, AV Preeminent by Martindale-Hubbell, the Litigator Award, and other memberships, awards, and accolades, please visit our Membership Criteria page. These awards and memberships should not be construed as a promise or guarantee of a similar result. Each case is different and must be evaluated separately.