When a truck accident occurs, the focus must be on medical care. However, it is also important to consider compensation recovery, and this involves gathering evidence. Evidence is crucial for determining liability so that victims can recover the money they need for their losses. Here, we want to discuss some of the most important types of evidence needed for a truck accident claim.
Evidence Gathered at the Scene of the Incident
The evidence-gathering process begins right away after a truck accident occurs. The police officers will come to the scene of the incident in order to conduct an investigation and create a preliminary accident report. Additionally, individuals at the scene are often able to gather evidence.
Please note that we do not recommend gathering evidence at the scene of an accident if you have sustained any injuries. Your health and well-being are the number one priority.
At the scene of an incident, it is not uncommon for individuals to use their cell phones to take photographs or videos of the entire area. Important items to capture on surveillance include injuries, vehicle damage, possible causes of the crash, traffic and weather conditions, debris and skidmarks, and more.
At the scene of a large truck crash, there are often various types of eyewitnesses. This can include drivers and passengers, and other vehicles who may have stopped as well as those near the roadway who may have seen what happened. Even though you may not be able to get full statements from these individuals, it is crucial to get their names and contact information written down.
Evidence Gathered in the Days and Weeks After the Incident
In the days and weeks that follow a commercial truck crash in New Mexico, there will be additional investigations. If you work with an attorney, your lawyer will begin to gather additional types of evidence to complement the evidence that has already been obtained. This additional evidence can include surveillance footage from cameras on nearby businesses, homes, or traffic cams. Your lawyer will work to obtain the police accident report to ensure that it lines up with the scene of the incident.
Some important evidence that is unique to commercial truck accident claims includes:
- The truck’s electronic control module (ECM)
- The driver’s electronic logging device (ELD)
- Truck company maintenance and training records
Importantly, your attorney can handle all communication with other parties involved, including gathering statements from the eyewitnesses from the scene of the incident. In some cases, it may be necessary to bring in accident reconstruction experts who can use mathematics and computer algorithms to put together an idea of what likely occurred.
How This Evidence Helps the Claim
Any evidence gathered after a truck crash in New Mexico is used to prove liability. The evidence is supposed to highlight which party’s negligence caused the incident. The ultimate goal is to show that the defendant breached the duty of care that they owed other parties on the roadway.
In many cases, fault will point to the truck driver, which could result in a lawsuit against various parties, including the company that the driver works for. Depending on the situation, there could be other liable parties outside of the driver and the trucking company. This can include third-party vehicle part manufacturers, maintenance companies, cargo loading companies, and even government entities.