A truck accident can leave you in pain and confused about the next steps to take. In 2022, 90 trucks got involved in fatal or major injury collisions on Alberta roads, leaving a trail of destruction and shattered families in their wake. If you have been injured in a truck accident, you need an experienced truck accident lawyer to build a strong case that gives you the best chance of securing fair compensation.
Strong evidence is at the heart of every successful truck accident claim. At Grover Law Firm, our experienced truck accident attorneys know how crucial early evidence collection is and what evidence could make the difference in your case.
In this post, we will explore the types of evidence that are vital for proving negligence and damages, as well as what a Grover Law Firm truck accident lawyer could do for you.
Complexities With Truck Accidents
Truck accidents are rarely simple, which is why you need strong evidence to prove fault. Unlike many car accidents, truck accidents often involve multiple parties.
Potentially liable parties could include the following:
- Truck driver
- Trucking company
- Truck owner
- Truck manufacturer, and/or;
- Truck maintenance company
In addition to involving multiple parties, truck accidents often cause more serious injuries and property damage than car accidents. As the stakes are higher and more people are often affected, the need for strong evidence is even greater.
To prove fault, your truck accident attorney must present comprehensive evidence to show negligence by one or more of these parties and establish liability. If your attorney can get hold of the right documents, photos, and records, you could have a better chance of securing compensation to get your life back on track.
Challenges in Gathering Accident Scene Evidence
Trucks travel the length of Canada’s most important highways, delivering essential supplies. When a truck accident happens, the first priority for emergency services is to provide medical attention to all affected parties. However, the next priority is to reopen the road to keep Canada moving.
The accident site may be cleaned up quickly, giving you a narrow window of time to gather evidence. As we go through the types of evidence to collect, note which ones to collect at the scene, if possible, and which can wait until later.
Key Evidence in Truck Accident Cases
This list is not comprehensive, but we will now explore 8 key types of evidence that could make a difference in your truck accident claim.
1. Accident scene evidence
Although you just have a short time to gather it, evidence collected at the crash scene could be some of the most powerful proof of liability. Of course, you should never jeopardize your safety when collecting crash scene evidence and should prioritize getting medical help.
If you are able, gathering the following evidence could make the difference in your case:
- Photographs of the vehicles involved and their positions after the accident
- Photographs of the scene, including skid marks, traffic signals, debris, potholes, weather conditions, and road layout
- Photographs of vehicle damage
- Photographs of injuries
After the accident, it may be possible to collect video footage from traffic cameras, dash cams, or surveillance footage from nearby businesses that could show what happened in the lead-up to the truck accident.
The more evidence that can be gathered, the easier it will be later if your attorney advises hiring accident reconstructionists to piece together what happened. These experts examine physical evidence from the crash site along with photos and site visits to recreate what happened before the crash. Their reports and testimony could form a crucial piece of evidence in negotiations or court.
2. Police reports
The police are usually the first people at the scene of a truck accident. They are impartial witnesses who have a duty to record what they see and collect relevant evidence from the scene.
The police report may include:
- Date and time of the accident
- Exact location
- Names and contact details of all parties involved in the accident
- Description of the damage to vehicles
- Description of injuries
- Narrative of what happened, based on the testimony of those involved
- Citation and violations, if any
- Names and contact details of witnesses
Of course, it is not the role of the police to determine who was at fault. However, the information contained in the police report could give weight to your argument and strengthen your case.
3. Medical records and expenses
It is vital to get yourself checked out by medical professionals immediately after a truck accident. Your hospital visit will create a clear link in your medical records between your truck accident and your injuries. Getting prompt attention can help avoid insurance companies trying to undermine your claim by insinuating that your injuries were not sustained in your truck accident.
Seeking immediate medical attention also shows you are committed to making a full recovery and are not using the accident to try to claim compensation. Throughout your recovery, it is essential to keep every appointment and follow the advice of medical professionals to help you make a full recovery from your injuries.
Under the Canada Health Act, most of your medical expenses after a truck accident will be covered. However, depending on the nature of your injuries, you may have some out-of-pocket expenses, and you may need to pay for support at home. Keep all your receipts as evidence of these expenses so you can claim them when filing your truck accident claim.
4. Witness statements
Witness statements are crucial pieces of evidence as they provide an outsider’s perspective on what happened. As they were not driving when the truck accident happened, they may have a clearer view and be able to express themselves with less emotion and bias.
Witnesses can also assist in the following ways:
- Substantiate your claims about what happened
- Verify that your injuries were sustained in the truck accident
- Establish what happened in the lead-up to the accident
Potential eyewitnesses can include passengers and bystanders.
In addition, as truck accidents often cause serious injuries, your truck accident lawyer may work with expert witnesses. These professionals can provide an expert opinion on a particular element of the case, such as the financial implications of the accident or the long-term medical prognosis.
5. Trucking company records
Experienced truck accident lawyers know that trucking company failures are often at the heart of truck accidents. Truck drivers and trucking companies must follow strict federal regulations about hours of service to prevent fatigue-related accidents.
Your attorney can request the following information from the trucking company to look for key evidence of rule-breaking:
- Physical driver logs and electronic logging devices showing how many hours the truck driver was on the road
- Inspection records showing maintenance history
- Inspection reports showing needed repairs and whether these were carried out
- Employment records that speak to the truck driver’s behaviour and prior accidents
- Non-adherence to weight limits or improperly secured cargo
Canadian trucking companies are required by federal law to maintain records for 3 years. However, it pays to act fast and request these records to preserve evidence and start building a strong case for liability.
Black box data recorders
Some large trucks are now fitted with event data recorders, also called black box recorders, that track a wide range of electronic data. Black box data can provide evidence showing:
- Truck speed before and during impact
- Sudden braking or acceleration
- Steering behaviour
- Whether seat belts were used
The recent case of R. v Attard, 2024 ONCA 616 in Ontario, established that there is no reasonable expectation of privacy regarding event data recorder data. Therefore, it may be admissible in court and could help your attorney prove the truck driver was driving negligently when your accident occurred.
Driver records
In Canada, trucking companies are responsible for the actions of their drivers under the legal principle of respondeat superior. This responsibility doesn’t just apply to how well their drivers drive the trucks. It also extends to the trucking company’s hiring practices.
During the evidence collection process, experienced truck accident lawyers will always ask to see evidence of the following:
- Hiring practices: If the trucking company negligently hires a truck driver with a history of unsafe driving, your lawyer may be able to build a case that the trucking company is liable for your accident.
- Unrealistic schedules: Trucking companies can create an environment where a driver feels pressured to speed. Drivers may be incentivized to finish deliveries faster or penalized for delays, creating indirect pressure that leads to dangerous driving practices.
- Negligent training: If a trucking company fails to train truck drivers adequately or ensure drivers are properly licensed, the company could be responsible for the accident.
Truck manufacturer records
Truck manufacturers could also be held responsible if the crash occurred due to a mechanical failure. Under product liability law, a manufacturer can be held liable for:
- Faulty design
- Manufacturing defects
- Failure to warn consumers of dangers
An experienced truck accident attorney can look for any evidence that the truck manufacturer can be held responsible and use this information to build a case for compensation.
Preserving Evidence in Truck Accident Cases
Gathering evidence can be a challenging process. The last thing you want is for crucial evidence to be misplaced or destroyed by one of the other parties involved in the case. There are several things experienced truck accident lawyers do to preserve evidence:
- Act fast: Gathering evidence as quickly as possible before it gets wiped is crucial for black box data and surveillance footage.
- Use legal means: Your truck accident lawyer can send a document preservation letter to all parties involved in the case. This is a legal notice that formally asks companies and individuals to preserve evidence related to your truck accident case.
- Launch an investigation: Truck accident attorneys work with investigators and a legal team to take a deep dive into your case and try to uncover evidence to give you the best chance of securing the compensation you deserve.
Let Grover Law Firm Build a Strong Case for Fair Compensation
Truck accidents are complex and require comprehensive evidence to give you a chance of securing fair compensation. Whether the truck driver, trucking company, or another party was at fault, the experienced truck accident lawyers at Grover Law Firm have the knowledge and skills needed to build a strong case for compensation.
Grover Law Firm truck accident attorneys can handle evidence collection, deal with insurance companies, and fight for your best interests by negotiating for you – and representing you in court if needed.
In one truck accident case, we turned an initial offer of $6,500 into a settlement of $850,000. Are you curious to find out what we could do for you? Call us at [phone number] or contact us online to schedule a free case review with an experienced truck accident attorney and learn more about your rights today.