Act Immediately When Helping Someone Who Was In A Commercial Truck Accident

3 November 2020
 Categories: Law, Blog

If your loved one is involved in a car accident with a commercial truck, you might be in a state of shock. However, you will not want to wait too long before getting involved in the accident because the commercial truck insurance provider will likely arrive on the scene to try to perform damage control. Information might disappear and the commercial insurance provider will do everything possible to make the driver look better to reduce their liability.

Preserving Evidence

Depending on how the law enforcement officers respond, you may be able to obtain critical pieces of evidence before they are lost. Sometimes, the police are busy directing traffic and it's not possible to retrieve the evidence in time. However, you may also be able to avoid losing critical evidence by contacting an attorney as soon as possible. 

One example of where an attorney can help you is with the black box. Commercial trucks often come with a black box that preserves crucial information. However, you will need help from an attorney to issue a court order for the evidence to be preserved or there's no reason for the company to do so. However, you'll need to hire an attorney who is specifically experienced with commercial truck accidents. If you're lucky, you will be able to obtain the dashcam that will record exactly what occurred before the crash and whether the driver was negligent.

Write a letter to preserve evidence, also known as a spoliation letter. Keep a copy of this letter and send one by certified mail. That way, you'll have proof that it was received. You will also need to have both vehicles inspected immediately.

The Importance of Negligence

Showing that the driver was negligent is crucial because you will only be entitled to compensation if your injuries were caused by negligence. If there was no way that the driver could have prevented the accident, such as after an intense storm, you may not be entitled to compensation for your injuries.

To prove negligence, you'll need to speak with your loved one about what occurred during the crash if they are not able to conduct the investigation themself. Ask them to write down everything they know. If your loved one is incapacitated, you may be forced to only rely on witnesses to the accident. Also, your commercial truck accident attorney may use an accident reconstruction specialist to reconstruct how the accident occurred. 

Reach out to a truck accident lawyer to learn more.