Thursday, September 8, 2016

Injured in a trucking accident? What are the important pieces of evidence in an accident claim or personal injury lawsuit?

When compared to car accidents, there is obviously a lot more to examine in a truck accident and this is why there exists a federal regulation requiring that all big rig accidents be investigated by a professional truck accident investigator.

You are in the right place if you need a Albuquerque, NM truck accident lawyer. Click on one of the links and be on your way. 
Trucking companies, truck drivers, and trucking operations in general are subjected to not state and federal trucking laws by the regulatory body, Federal Motor Safety Carrier Administration (FMSCA). Because truck accidents are subjected to such an extensive array of laws and regulations, the evidence that is vital in these cases go far beyond what is typical in cases of auto accidents.

This is precisely why truck accident victims who wish to file accident claims or personal injury lawsuits would be best served by a legal professional who can gather, analyze, and process evidence to the best advantage of his or her client and this will in turn help in winning a truck accident lawsuit. According to truck accident lawyers in Albuquerque, NM, evidence is classified in three different categories, namely driver evidence, vehicle evidence and load evidence.

Now in reality the legal representative will not be doing much of the investigation, they have investigators for that. These investigators may not have the skill and acumen as Dexter Morgan (Michael C. Hall) but they are pretty good. They can help augment or solidify your case so you can be made financially whole again.    

No one is exempt from truck drivers or any drivers for that matter.
Commercial rig crash - evidence involving the driver

Sometimes, it is the driver who was negligent and responsible for causing the auto accident. This could be due to the fact that the driver was not qualified to drive the rig or did not follow protocols and laws, etc. Some things which would qualify as driver evidence in a truck accident case are:

  • Driver's qualifications file (what documents need to be in this file are mandated by FMSCA regulations)
  • Driver's training file
  • Drivers journey log book and hours of service documentation
  • Driver inspection records
  • Post collision drug and alcohol test result
Commercial rig crash - evidence involving the vehicle

In some situations the truck may be faulty due to improper or lack of serviceability, manufacturing defects, onboard electronic issues, and so forth. In order to determine this and prove it, a New Mexico truck accident attorney may demand for the following from the truck accident company following an auto accident:
  • Data from the truck black box and onboard systems
  • Service and maintenance logs and documentation
  • Documents pertaining to inspection history
  • Data from onboard communication systems and GPS tracking systems
Commercial rig crash - evidence involving the load

Albuquerque, NM truck accident lawyers which can be found using this simple to use website Truck-Accident.USAttorneys point out that often overloading or improper loading are the major causes of accidents. When a truck is loaded more than the prescribed limit or is loaded improperly, it can substantially affect the vehicle’s center of gravity and this in turn can severely affect braking distance and maneuverability.

Evidence relating to load can include, but is not limited to:

  • Weight tickets
  • Bills of lading
  • Trip envelopes
  • Dispatch guidelines
  • Delivery documentation
If you have suffered damages in a trucking accident, you may be able to recover compensation by filing a truck accident lawsuit. Talk to a New Mexico truck accident lawyer today to find out how you can do this.  

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