When you are injured in a truck accident, you deserve to recover compensation for your losses. To do this, whether through an insurance claim or a personal injury lawsuit, you must establish that the defendant acted negligently. Multiple parties may be liable for truck accidents, including cargo loaders, truck and parts manufacturers, the trucking company, and, of course, the drivers themselves.
You might be wondering what type of evidence is needed to prove negligence in a truck accident case. Through this blog, we will discuss the four elements of negligence that you need to establish in a personal injury claim and what evidence you need. Working with an experienced North Charleston truck accident lawyer from Shelly Leeke Law Firm will give you an advocate by your side to help you through every aspect of your claim.
The Four Elements of Negligence
To establish negligence, you must provide evidence to support the following four elements: duty of care, breach of duty, causation, and damages. Duty of care refers to the responsibility the defendant (the person you claim is liable) owed you as the plaintiff (the injured victim). The duty of care in a truck accident claim could be the responsibility of every driver on the road to operate their vehicle safely or the responsibility of a cargo loader to make sure a semi’s freight is tied down securely.
The next element required for a claim is that a breach of that duty occurred, showing that the defendant failed in their reasonable responsibility. In your truck accident claim, it could look like a driver failing to use their mirrors before merging into your lane or a trucking company failing to provide adequate training for their drivers. Once you establish that this breach of duty has occurred, you must show a direct correlation between that and your injuries.
Receiving medical care immediately after your truck accident can help in establishing this connection. You will also need to show proof of the damages or monetary losses that you sustained as a result of your injuries. Working with a lawyer from Shelly Leeke Law Firm can help protect your rights after a truck accident and establish these four elements of negligence for your claim.
Evidence Needed to Prove Negligence in Your Truck Accident Claim
Showing proof of these four elements of negligence can be difficult, especially with commercial trucking companies who may work to hide evidence of their negligence. Working with an experienced truck accident attorney who knows what to look for and how to thoroughly investigate a claim may significantly help your chances of recovering a settlement. Every truck accident claim is unique, but some main types of evidence that could be used to establish negligence include:
- Photos and videos taken at the scene of the accident
- Surveillance footage from traffic cameras or dashcam footage
- Eyewitness statements
- Police and traffic collision reports
- Company training records and company policies
- Commercial driver history, records, and logs
- Trucker alcohol and drug tests
- Vehicle black box data (such as an ELD or EDR)
- Truck and trailer inspection reports
- Mobile device data records
- Medical records and documentation
- Financial records
If evidence is sparse, your truck accident lawyer may hire an experienced accident reconstruction expert who could help show how the accident likely occurred. They may also choose to bring in other experts to weigh in on the injuries you sustained and the financial situation you will have to contend with in the future. For this kind of assistance with your case, trust in the experienced team at Shelly Leeke Law Firm.
Tips for Preserving Evidence
Acting promptly to preserve evidence is crucial after a truck accident. Evidence tends to degrade with time, so it is best to get started working on your case as soon as possible. Here are some essential steps to take as soon as you are able:
- Document the accident scene through photos and videos, including vehicles involved, road conditions, and any visible injuries.
- Gather witness information and contact details.
- Contacting law enforcement to report the accident is a legal responsibility as well as helpful in documenting the occurrence.
- Preserve any physical evidence, such as vehicle parts, for inspection.
- Collect all your medical records, including treatment plans, diagnoses, and bills.
- Maintain a journal to document your injuries, symptoms, limitations, and how the accident has impacted your life.
- Contact an attorney to get started working on your case as soon as you are able.
Evidence is not always evident to the eye, such as in the case of a traumatic brain injury. In cases like these, a journal or written documentation regarding the pain and suffering you are going through can help show the extent. If you choose to go to court for a truck accident, details and evidence like these may help the jury see your perspective as the plaintiff.
Statute of Limitations Period for Truck Accidents in South Carolina
Under the South Carolina Statute of Limitations, you generally have three years from the date of your injury to file a personal injury lawsuit. However, there may be other factors that make this timeframe more complex. For instance, if you lost consciousness due to the accident, the time may not start until you regain consciousness and become aware of your injuries.
Given the intricacies of these laws, it is crucial to consult with a knowledgeable truck accident attorney as soon as possible. They can help you determine the specific deadline for your case and protect your rights. Act swiftly and seek legal advice by contacting the Shelly Leeke Law Firm for help with your truck accident claim.
Trust Shelly Leeke Law Firm with Your Truck Accident Case
When a truck accident shatters your life, you need a legal team to fight for your case. Shelly Leeke Law Firm has experience securing substantial compensation for victims of truck accidents, and we understand the physical, emotional, and financial toll you are under. We offer our services on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf.
Contact our office today to set up a free case consultation. We will carefully evaluate your case, explain your legal options, and guide you through the claims process. Let us handle the law while you focus on healing.
