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What Kinds of Evidence Do You Need in a Trucking Accident Case?

What Kinds of Evidence Do You Need in a Trucking Accident Case?

What Kinds of Evidence Do You Need in a Trucking Accident Case? 1080 1080 Panter, Panter & Sampedro

In 2020, 4,965 individuals were killed in accidents involving a large truck according to a report by the National Highway Traffic Safety Administration. Second only to Texas, Florida recorded the highest number of occupants killed by large trucks that year with 45 individuals killed. 

Statistics show there is a 97% chance that the death will be of the person (or persons) in a passenger car when a collision involves a truck. Those who do survive a car accident with a truck are often left with life-altering injuries

When is a truck driver responsible for an accident in Florida? 

A truck driver may be held liable for an accident if it can be shown that they acted in a negligent manner. Some examples include traveling at unsafe speeds, carrying cargo over the weight limit that causes them to lose control of the vehicle, driving more hours than allowed by state and federal law, driver fatigue, unsafely merging into another lane, and colliding with the rear end of another vehicle in the truck’s travel lane.

According to the FMCSA ten of the most reported “associated factors” are: 

  • Traffic flow interruption 
  • Prescription and over-the-counter drug use
  • Fatigue
  • Traveling at unsafe speeds for conditions
  • Unfamiliarity with roadway
  • Roadway problems
  • Stop requirements, such as traffic control devices or a crosswalk
  • Inadequate surveillance
  • Brake problems

More information may be found in the post “Who Is Responsible After A Truck Accident In Florida at panterlaw.com/2022/02/28/truck-accident-florida

What evidence do you need after a collision with a truck? 

Florida law requires each driver to exchange information and provide “reasonable assistance” to those injured in an accident following a trucking accident. The Florida statutes list that the following information should be exchanged: name, address, the registration number of the vehicle, and a license or permit to drive if requested. 

Additionally, the following evidence is required if the injured person intends to pursue compensation for their injuries: 

  • The police accident report from the scene of the collision.
  • Commercial truck insurance information
  • Truck driver’s logbook – a detailed account of commercial drivers’ daily work hours and rest hours. 
  • Truck maintenance or fleet maintenance logs, which keep track of what maintenance is performed on the vehicle, by whom, and when. 
  • Certified truck inspection report, which is an inspection and/or performance testing on the vehicle performed by the Florida Department of Transportation
  • The truck’s black box – all commercial trucks are required to have a black box, a recorder that saves various data, including speed, when the brakes are used, steering changes, and if a seat belt was employed. 
  • Witness statements from any bystanders present at the scene of the accident.
  • Photo and video recordings of the accident.
  • Traffic camera footage, if available. 
  • Forensic evidence such as tire and gouge marks in the road.
  • The compliance record of the trucking company.

How is Evidence Used in a Truck Accident Case?

In a trucking accident investigation, evidence plays a crucial role in determining fault. Here’s how it typically works:

Physical Evidence: This includes the condition of the vehicles involved, skid marks, debris, and any damage to roadside objects. Examining the physical evidence can help reconstruct the sequence of events leading up to the accident.

Witness Testimony: Eyewitnesses who saw the accident occur can provide valuable information about what happened. Their statements can help corroborate or challenge other evidence.

Driver Statements: Statements from the drivers involved in the accident are also important. They can provide insight into their actions leading up to the collision, any relevant conditions (such as weather or road conditions), and any potential violations of traffic laws or regulations.

Electronic Data Recorders (EDRs): Many commercial trucks are equipped with EDRs, also known as “black boxes,” which record data such as speed, braking, and engine performance. This data can provide objective information about the truck’s movements before and during the accident.

Video Evidence: Surveillance cameras, dashcams, or onboard cameras in the truck can capture footage of the accident as it happens. Video evidence can be particularly compelling in establishing fault.

Accident Reconstruction: Experts may use the available evidence to reconstruct the accident and determine factors such as vehicle speed, braking distances, and points of impact. This can help clarify how the accident occurred and who may be at fault.

Driver Logs and Records: Commercial truck drivers are required to keep logs of their driving hours, rest breaks, and vehicle inspections. Reviewing these records can reveal if the driver was in compliance with regulations and whether fatigue or other factors may have contributed to the accident.

Vehicle Maintenance Records: Maintenance records can provide insight into whether mechanical issues or failures contributed to the accident. If the truck was not properly maintained, it could indicate negligence on the part of the trucking company.

Call An Experienced Truck Accident Attorney

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence must now be filed within two years of the date of the alleged negligence or the claim will be forever barred. The statute of limitations includes truck driving accidents. Failure to file a claim within the given timeframe means that an individual can no longer obtain compensation, and the liable party will not be held responsible for paying any damages for the accident. 

Finding fault in a truck accident is complex, and injured parties need an experienced personal injury law firm on their side. At Panter, Panter & Sampedro, our skilled truck accident attorneys can help you to understand your options and seek compensation to cover medical expenses, lost wages, pain, and suffering, and additional damages. Give us a call today for your free case review at 305-662-6178.

 

Sources: 

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813286

https://policyadvice.net/insurance/insights/truck-accident-statistics/

https://panterlaw.com/2022/02/28/truck-accident-florida/

https://www.findlaw.com/injury/car-accidents/common-causes-of-commercial-truck-accidents.html

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.062.html

https://www.jdsupra.com/legalnews/what-kinds-of-evidence-do-you-need-in-a-9244655/

https://www.azuga.com/blog/fleet-vehicle-maintenance-log-and-why-is-it-important

https://www.driversnote.com/dictionary/drivers-daily-log-book

https://www.fdot.gov/materials/structural/fieldoperations/commericalinspection/index.shtm

https://www.hg.org/legal-articles/are-black-boxes-required-in-commercial-trucks-42670

 

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