Evidence Used to Prove Liability in Commercial Truck Accident Claims

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Attorney Robert M Knowles
Last Updated: September 25, 2024
Legally Reviewed By: Robert M. Knowles

Attorney & Partner At Knowles Law Firm

In the aftermath of a commercial truck accident, untangling the circumstances to determine liability is complex but critical. Victims seeking compensation for injuries and damages are often met with a formidable challenge: holding a multi-million dollar trucking company accountable for their negligence.  

At Knowles Law Firm, we have experience in handling commercial trucking claims, obtaining multi-million dollar settlements in multiple trucking cases. Our attorneys are passionate about holding the trucking company responsible if they have operated in an unsafe manner causing injury to you or your loved one. We center our practice around the needs and well-being of our clients, aiming to secure the justice and compensation they rightfully deserve. If you want support in your truck accident claim, contact us today.

What Evidence Might Be Helpful During Your Commercial Truck Accident Claim?

Commercial trucking litigation is a highly specialized area of personal injury law.The lay person would not know what information they need to collect to prove their case. The following are pieces of evidence that may be helpful in your claim:

  • Electronic data contained on:
    • Event data recorders
    • Engine Control Module
    • Electronic Control Module
    • Powetrain Control Module
    • Body Control Module
    • Airbag Control Module
  • Dashcam footage
  • DOT logbooks
  • Mechanical and repair records
  • Medical documents, including your records, bills, doctor’s notes, and test results
  • Pay stubs

Photos of the accident and scene

  • Witness statements
  • Receipts related to repairs
  • Police report
  • Pictures of your injuries
  • Communication between you and other involved parties
  • Insurance for the truck company

If you feel something is related to your claim, we suggest you hold onto it so it can be utilized appropriately. If you need assistance finding evidence related to your claim, Knowles Law Firm can help. We can help you find evidence, analyze information, and create vital arguments in your favor.

How Can You Prove Liability in Your Truck Accident Claim?

In all personal injury cases, including those related to commercial truck accidents, victims must prove that another party is liable for their injuries. To prove another individual is responsible for your losses and receive compensation, you will need to demonstrate a few essential elements are true.

Duty of Care

When drivers are on the road, they all owe a duty of care to each other. We are all responsible for maintaining safety while we drive by following speed limits, not using our phones, ensuring our cars are in good working order, and following other best practices. 

Commercial truck companies also owe a duty of care. They are responsible for hiring responsible drivers or providing adequate training to their employees. These companies are also liable for maintaining the trucks, ensuring cargo is secured, and following best employment processes, such as requiring drivers to take breaks at certain intervals.

Negligence

Also called a breach of duty of care, negligence is when someone acts in a way that puts others in unnecessary danger. For example, driving faster than the speed limit makes it more difficult to follow other traffic laws and stop before colliding with another vehicle. 

By acting negligently, trucking companies and drivers are likely breaking the law and increasing the risk of severe injuries for themselves and those around them. You may need evidence in certain areas to prove another driver’s negligence. For example, truck companies may be negligent by not following best practices for safety and employee well-being, as this increases the odds of driving while drowsy.

Causation of Injuries

You must also demonstrate that another party’s negligence resulted in your injuries. Generally, you can efficiently demonstrate causation of injuries by presenting medical records. You should seek medical attention as soon as possible for aid with this portion of proving liability. This paperwork will be useful in holding the commercial trucking company responsible for the losses and injuries you’ve faced.

Economic Losses

While you can also receive compensation for non-monetary damages, you must first demonstrate that you face objective financial losses. Economic losses include medical bills, attorney fees, lost wages from time off work, and property damage. 

Once you demonstrate economic damages, you can also receive compensation for non-economic damages, such as pain, suffering, emotional distress and loss of enjoyment of life, both past and future. 

Fight for Complete Compensation: Retain Outstanding Support From Knowles Law Firm

Navigating the aftermath of a commercial truck accident in Nebraska can be overwhelming, but you don’t have to face it alone. At Knowles Law Firm, we can confidently handle your complex truck accident claim. We’re dedicated to gathering the necessary evidence to prove liability. Our firm is ready to support you through the entire legal process, protecting your rights and helping you receive the compensation you deserve.

For personalized legal guidance on your truck accident claim, contact Knowles Law Firm today. You can reach us by phone at (402) 431-9000 or complete our contact form to schedule a free consultation with one of our experienced and dedicated attorneys. Let our experience and dedication work for you in securing the justice and recovery you need.

Attorney Robert M Knowles
About Our Attorney

Robert M. Knowles

Attorney & Partner at Knowles Law Firm

Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.