The injuries suffered in a truck accident can be severe. Many victims end up with permanent disability and disfigurement, making it nearly impossible for them to live what was once their normal life. The emotional toll, mental devastation, physical limitations and pain, and financial devastation can be oppressive, leaving many victims unsure of where to turn for help.
If you or a loved one is one of these victims, then legal action may be your best route to securing relief. A successful personal injury claim filed against both the negligent trucker who caused the accident and their employer could give you a sense of accountability while also providing you with the financial support you need to stabilize and focus on your recovery.
But how do you prove a case against a truck company? Let’s look at some places to look for evidence to support your claim.
Evidence to show truck company negligence
First, it’s important to note that many truck companies are held accountable for the negligent actions of their employees so long as the employee was on the clock and performing their job duties at the time of the incident in question. This is known as vicarious liability.
That said, here are some places that you can look for additional evidence to support a claim against a truck company:
- Maintenance records: Federal regulations require semi-trucks to be regularly inspected so that safety deficiencies are quickly identified and corrected. In fact, truckers are supposed to conduct post-trip inspections and report their findings to their employer. If you can get your hands on the truck company’s maintenance records, then you might find that they’ve failed to correct glaring issues that created avoidable safety issues.
- Personnel records: Trucking companies should only hire those who are qualified to safely operate a big rig. If they’ve hired someone with a history of traffic violations or dangerous driving practices, then they’ve knowingly put you and other motorists in harm’s way.
- Training records: Before putting a trucker out on the road, a truck company should ensure that they’re properly trained and educated. If they’re not, then they may not know how to safely operate their truck out on the road. This puts everyone around them at risk of being involved in a serious accident.
- Trucking logs: Truckers are required to adhere to federal hours of service regulations. If they consistently fail to adhere to those requirements and the truck company is aware of the violations and doesn’t take corrective action, then they’re complicit in pushing tired and fatigued truckers out onto the road, thereby jeopardizing your safety.
How do you access the records you need?
It’s likely going to take some legal footwork. You’ll probably have to issue a subpoena to access the records you want, and deposing witnesses who are familiar with the truck company’s operations may be necessary. In other words, there are ways to get your hands on the information you need to effectively build your truck accident case.
Fight for accountability and compensation after a serious truck accident
You only get one shot at recovering what you deserve from a negligent trucker and their employer. So, be diligent, be aware, and be aggressive in building your truck accident personal injury case. While there may be challenges along the way, you can find effective ways to deal with them. Just be sure to surround yourself with any assistance that you might need so that you increase your chances of turning the page on this dark time and can brighten the next chapter of your life.