After a truck accident, preserving evidence becomes your most powerful tool for securing fair compensation. These massive vehicles can cause calamitous damage and catastrophic injuries, including traumatic brain injuries, spinal trauma, and disability. The attorneys at Miller & Mallett help prove liability while building your strongest case possible.
We aren't "cold fish" or "tough guy" attorneys. We set ourselves apart from other firms as careful, compassionate, and nurturing lawyers who genuinely care for your circumstances and assist you in obtaining justice and the compensation you deserve.
Importance of Preserving Evidence for a Truck Accident Claim
Time works against you after a truck accident. Physical evidence deteriorates, surveillance footage gets overwritten, and trucking companies often resist sharing information that could prove their negligence and liability. Without swift action, valuable proof of negligence vanishes forever.
How Do I Preserve Evidence for a Truck Accident Claim?
While you can photograph the scene and gather contact information, we access black box data, driver logs, and maintenance records that trucking companies guard closely. Our legal authority compels disclosure of evidence you'd never obtain alone. The attorneys at Miller & Mallett can help secure these vital pieces. However, time is of the essence, so please call our team as soon as possible to ensure that all evidence is preserved.
What Types of Evidence Do I Need to Preserve for a Truck Accident?
Evidence for a truck accident comes in many forms, each serving a unique purpose in proving negligence and damages. Strong evidence reveals not just the truck driver's fault, but also trucking companies, maintenance companies, cargo loaders, and manufacturers who share responsibility for your injuries.
Accident Scene Evidence
Preserving evidence from the crash site provides foundational proof of how the collision occurred and who bears responsibility:
- Skid marks and debris patterns
- Vehicle positioning and damage
- Road conditions and weather
- Traffic signals and signage
- Cargo spillage or load shifts
- Witness Statements
Eyewitness accounts offer unbiased perspectives that support your version of events. We locate and interview witnesses quickly, before memories fade or people become unreachable. Their testimonies often reveal driver behaviors, such as speeding or distraction, that cameras might miss.
Visual Evidence
Photographic and video surveillance evidence create an undeniable record of the accident's immediate aftermath and your injuries:
- Dash cam footage
- Traffic camera recordings
- Security camera video from nearby businesses
- Photos of injuries, vehicle damage, and the scene
- Surveillance footage from the truck itself
- Detailed Medical Documentation
Your medical records prove the severity of injuries, their direct connection to the accident, and the impact they have on your quality of life. We ensure that every doctor visit, procedure, and therapy session is properly documented. Complete medical evidence strengthens your claim for both current expenses and future care needs.
Electronic Data
Modern commercial trucks contain sophisticated electronic systems that record valuable information about the moments before, during, and after a collision:
- Event Data Recorder (Black Box): Captures speed, brake application, steering input, and engine performance data from seconds before impact, providing irrefutable proof of driver actions.
- GPS Tracking Systems: Show the truck's route, stops, and speed patterns over time, revealing whether the driver was rushing to meet deadlines or taking required breaks.
- Electronic Logging Devices: Track hours of service compliance, indicating whether driver fatigue played a role in causing your accident through violation of federal rest requirements.
Truck Driver Records and Logs
Commercial drivers must maintain extensive documentation that reveals patterns of unsafe behavior or regulatory violations:
- Driver qualification files
- Valid CDL in accordance with federal and state law
- Training records
- Previous accident history and traffic violations
- Paper or electronic logbooks
- Hours-of-service compliance records
- Pre-trip inspection reports
- Medical certification and drug testing history
- Post-Accident Drug and Alcohol Test Results
Federal regulations require immediate post-accident testing for commercial drivers in serious crashes. These results often disappear if not properly preserved through legal channels. We ensure that test results remain available, as impairment can dramatically strengthen your compensation claim.
Trucking Company Documents
Trucking companies maintain records that expose systemic negligence contributing to accidents:
- Vehicle maintenance and inspection records
- Hiring and training policies
- Safety violation history
- Insurance policies and coverage limits
- Internal communications about the accident
- Previous complaints or incidents involving the same driver
How Miller & Mallett Preserves Evidence for a Truck Accident
We move immediately to secure evidence before it disappears, utilizing legal tools and industry connections that are often unavailable to accident victims. Our systematic approach ensures nothing gets overlooked while you focus on recovering from your injuries.
Drafting and Sending an Evidence Preservation Letter
We immediately send spoliation letters to all potentially liable parties, legally requiring them to preserve evidence. These letters prevent "accidental" deletion of electronic data, destruction of documents, or premature vehicle repairs that could eliminate proof of mechanical failures.
Filing a Motion for Injunctive Relief
When trucking companies resist preserving evidence, we petition courts for emergency orders compelling preservation. Judges can impose severe penalties for evidence destruction after receiving these motions, motivating companies to comply with preservation requirements.
Preserving Evidence from the Accident Scene
At Miller & Mallett, our team photographs, measures, and documents the crash site before cleanup crews eliminate important details. We capture road conditions, sight lines, and environmental factors that contributed to your accident, creating a permanent record for use during negotiations or trial.
Interviewing Witnesses
We locate and interview witnesses while their memories are still fresh and detailed. Our investigators know which questions reveal important details witnesses might not realize matter. We record these interviews, preserving testimony even if witnesses become unavailable in the future.
Collaborating with Accident Reconstruction Specialists
We partner with engineers and reconstruction experts who analyze evidence to determine exactly how your accident occurred. Their scientific analysis transforms scattered evidence into a compelling narrative that proves the truck driver's negligence caused your injuries. The attorneys at Miller & Mallett can help coordinate these technical investigations.
Do You Need an Experienced Truck Accident Lawyer?
If you or a loved one suffered injuries in a truck accident, you need quality legal counsel. Don't risk insurance companies undervaluing or denying your claim. Contact the Law Offices of Miller & Mallett today to get a free consultation. Trust us to put our experience and knowledge to work for you.
