How to Collect Evidence After a Truck Accident in Tennessee

Truck accidents in Tennessee are rarely simple open-and-shut ordeals. And with so many of the state’s major thoroughfares, including Interstate 24, Interstate 65, and Interstate 240 making the list of most dangerous roads for crashes, drivers need to be extra cautious. This is especially true when sharing the road with massive tractor-trailers. Any truck accident is likely to result in serious injuries and significant property damage. Making the most of the hours and days immediately after a crash can help you preserve crucial evidence that may strengthen your claim against the at-fault party.

Learn more about which types of evidence are important after a truck collision, how to preserve that evidence, and the role of a truck accident lawyer. Discuss your case in greater detail now by calling Rocky McElhaney Law Firm.

Immediate steps at the scene

Some of the most important evidence for your truck accident case is at the scene of the collision—and it is often only available for a matter of hours before it is cleaned up and gone. We recommend taking these steps right after an accident:

• Photograph everything. This is one of the most important steps in securing evidence from a truck accident. The damage you see right after a crash will be gone as soon as the police can get a road crew to clean it up. Get photos of the entire scene from multiple angles, skid marks and broken road barriers, damage to all involved vehicles, road conditions, cargo spillage or loss, and identifying information on the truck.
• Get information from the truck driver. Write down the driver’s name, employer, truck number, insurance carrier, and any other identifying information that you can use to prove who was at the scene.
• Identify witnesses and get their information. Eyewitnesses can be an incredibly valuable source of testimony and context, but it is very hard to track them down after the fact. Getting their information right away makes it easier for your truck accident lawyer to get in touch with them and get their perspective.
• Call 911. Call 911 or local law enforcement as soon as possible after a crash involving injury, death, or significant property damage. This is required by law, and it is important to have the documentation.

Truck-specific evidence to document

Much of the evidence that we just discussed is what you would get after any type of vehicle crash—motorcycle, car, or truck. However, there are also truck-specific forms of evidence that can be used to build your case and prove that you are owed compensation. Commercial carriers are regulated much differently from personal drivers, and there are strict limitations on when a driver can operate a vehicle and when a vehicle is safe to be driven. Evidence proving fatigue, negligence, improper maintenance, or pressure from the company to cut corners can make it very hard for the trucking company to deny liability.

Your attorney will consult the truck driver’s driver logs and hours-of-service records. While some trucks have written logbooks, most are now required under federal law to have electronic logging devices. The data from these devices can show whether or not the driver was compliant with FMCSA hours-of-service regulations.

The truck’s black box (or event data recorder) can also provide context as to what happened immediately before and during the crash itself. Your lawyer may be able to see whether or not the driver was speeding, if they took proper action to avoid the crash, or if their braking patterns were irregular.

Dash cameras and onboard cameras can provide unbiased insight into what happened leading up to a crash. However, you often have to act quickly to get the footage from these cameras. As you may imagine, trucking companies are not in a hurry to preserve evidence that paints them in an unfavorable light. Your lawyer will likely send the company a spoliation letter that reminds them of their legal obligation to preserve evidence for legal proceedings. If they ignore the spoliation letter and destroy or write over evidence anyway, that can help your case.

Maintenance and inspection reports are often a critical part of truck accident cases in Tennessee. Trucks go through a lot while on the road, so they have more rigorous inspection and maintenance needs than other vehicles. If a trucking company fails to conduct regular inspections or ensure that trucks are properly maintained, it may be held liable for any crashes that occur.

Medical and injury evidence

While a big part of your case is proving that the other party caused the accident, that is not all there is to it. You also need to prove that you were injured and that your injuries are the result of the accident.

This is why we always recommend seeking medical attention as soon as possible after a truck accident. First, these accidents are likely to result in severe or catastrophic injuries. Prompt medical care can protect your health and help you get the treatment you need. However, it also links your injuries to the accident and makes it harder for the trucking company to deny responsibility for your injuries.

Keep copies of all of the documentation and records you receive as you recover after an accident. Doctors’ notes, treatment recommendations, diagnostic scan results, medical bills, proof of missed work, prescription medication logs, and other forms of documentation can go a long way in proving the effect of the accident on your daily life. Your attorney may also bring in expert witnesses who can speak on your medical condition and its effect on your life.

Start your truck accident case with Rocky McElhaney Law Firm

If you have been hit by a truck and you are not sure how to protect your legal rights, we are here to fight for you. Call us today or reach out online to schedule a consultation right away.