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How Do You Prove Fault in a Truck Accident?

Riddle Brantley LLP   |  September 28, 2020   |  

If you’ve been injured in a truck accident due to someone else’s negligence, you deserve justice  — and you may be entitled to compensation. These accident cases can be complicated, however, and proving fault can be difficult. Many of our clients ask, “How do you prove fault in a truck accident?”

In this blog post, we’ll take a look at things you can do to prove fault in a truck accident, and how an experienced truck accident lawyer can help.

Proving Fault in a Truck Accident: What to Do Immediately After the Accident

What you do immediately following a truck accident can have a huge impact on the outcome of your potential claim or lawsuit. If you’re wondering “How do I prove fault in a truck accident?”, be sure to follow these tips in order to protect your legal rights and strengthen your case after the accident:

  • Seek medical attention — If you’ve been injured in a truck accident, don’t wait to seek medical attention. Follow the recommendations of first responders on the scene, and remember, you may not even recognize that you’re injured in the immediate aftermath of an accident. Not only will seeking medical attention protect you and your health, but medical records will prove very important in any potential claim or lawsuit.
  • Talk with law enforcement — The accident report will be critical in proving fault in a truck accident. Be honest and straightforward with the responding officer(s). Remember that anything you say can and will be used against you.
  • Do NOT give a recorded statement to an insurance company — Insurance companies often use “tricks” to avoid paying a truck accident injury claim. Do NOT give a recorded statement to an insurance company before first talking with an experienced truck accident lawyer.
  • Take photos of the crash scene and any injuries — Take photos of the crash scene, including any vehicle damage, debris, skid marks, signage around the scene, etc. Also be sure to document any injuries with photos.
  • Get potential witnesses’ contact information — Identify any potential witnesses and collect their contact information. Their testimony may be critical in proving fault in your truck accident case.
  • Talk with a truck accident attorney — A truck accident lawyer can help you prove fault in a truck accident case and protect your legal rights. Many truck accident attorneys, including the team at Riddle & Brantley, have experienced accident investigators on staff who can help collect and preserve accident evidence, identify and interview witnesses, etc.

Crash Scene Investigation & How to Prove Fault in a Truck Accident

How to Prove Fault in a Truck Accident - Riddle & BrantleyTruck accident cases can be incredibly complex and proving fault can be challenging. The minutes, hours, and days immediately following the accident are critical in proving fault.

The accident investigation is critical.

An experienced team of accident investigators (such as the on-staff team at Riddle & Brantley) can help lead a comprehensive crash scene investigation, including:

  • Photographing the crash scene, including all property damage, debris, skid marks, road signage, injuries, and more
  • Collecting, documenting, and preserving crash scene evidence
  • Identifying and interviewing potential witnesses

In many cases, outside experts can also be called in to assist with the truck accident investigation and prove fault.

These experts may include accident reconstructionists and truck safety experts, among others.

The “Black Box”

Another key piece of evidence that can help you prove fault in a truck accident is the “black box.” Otherwise known as an “electronic control module” (ECM) or “event data recorder” (EDR), a truck’s black box records information about the conditions and circumstances before, during, and after a truck accident.

If you’re wondering “How do I prove fault in a truck accident?”, the truck’s black box can provide invaluable evidence concerning potential negligence by the truck driver and/or trucking company.

A truck’s black box may record data concerning:

  • Truck speed
  • Braking behavior
  • Acceleration and deceleration
  • Airbag deployment
  • Seatbelt usage
  • Specific crashes or “events” that have occurred and their duration
  • Tire pressure
  • GPS location
  • Truck usage data

Truck Accident Investigation - Riddle & BrantleyBlack boxes may even contain records of email and other communication between drivers and trucking companies concerning scheduling and maintenance.

Because a truck’s black box data may help prove fault in a truck accident, trucking companies are often hesitant to turn the ECM over to claimants. An experienced truck accident lawyer can help obtain the black box data and prove fault in a truck accident claim.

For a FREE consultation concerning your potential truck accident claim or lawsuit, including help proving fault, please call 1-800-525-7111.

The consultation is free, as always, and you won’t pay any attorney fees unless we recover compensation for you.

How to Prove Fault in a Truck Accident: The Bottom Line

The short answer to the question, “How do I prove fault in a truck accident?” is this: truck accident cases can be extremely complex and there are many factors to consider when attempting to prove fault and liability.

In addition to following the tips above, the best thing to do to help prove fault in a truck accident is to hire an experienced truck accident lawyer to help organize a comprehensive investigation.

At Riddle & Brantley, our award-winning truck accident lawyers have nearly 200 years of combined legal experience handling complicated truck accident cases (see disclaimer below).

We have an experienced team of investigators on staff who can help investigate the accident. We also frequently bring in outside experts like reconstructionists and leaders in trucking safety to help prove liability and strengthen our clients’ cases.

Experienced NC Truck Accident Lawyers - Riddle & BrantleyIn one recent truck accident case, we even subpoenaed traffic data from Google Maps in order to prove that trucking companies and a pavement marking company were liable in the accident. That case resulted in the recovery of $9.45 million in total compensation (see disclaimer below).

For a FREE, no-obligation consultation with an experienced North Carolina truck accident lawyer, please call 1-800-525-7111 or complete the fast and convenient form below.

There are no upfront costs and no attorney fees unless we win your case and you receive financial compensation.

Call 1-800-525-7111 to consult with a personal injury attorney for free. We will evaluate your claim, investigate the circumstances of the truck accident, and help prove fault if we can. If you decide to hire us, we will fight tirelessly on your behalf to get you the justice and compensation you need and deserve.

“They turned a heartbreaking situation completely around.”

Tonya Taylor, Riddle & Brantley client 

Don’t wait — in order to prove fault in a truck accident, a thorough accident investigation is necessary and the longer you wait, the harder it may be to prove liability. Our attorneys are ready and willing to help however we can.

For a FREE, no-obligation case review and claim investigation, please call 1-800-525-7111 today.

Justice Counts for those injured in truck accidents in North Carolina, and we would love to help prove fault if we can and fight for your legal rights.

Please call 1-800-525-7111 today and let’s review your 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, and the Litigator Award, 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.

*** 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.