A truck driver rarely admits to police officers at the scene of the accident that he dozed off at the wheel or lacked mental faculties because he or she was tired. Accident investigators can refer to data in the driver’s logbooks to determine whether he or she drove beyond the allowable hours of service for truck drivers.
If you were injured in a trucking accident on one of the many Dallas highways, an attorney will conduct a thorough investigation of the truck driver’s logs and other data. But beware that truck companies may legally destroy certain evidence, so it’s important to act quickly.
A trucking company must keep inspection records for a certain period of time:
- Roadside inspection reports – 12 months from date of inspection;
- Driver vehicle inspection reports – three months; and
- An annual inspection – 14 months.
Unfortunately, under federal guidelines, spoliation of evidence is permitted after a certain period of time. But accident victims can take steps to prevent the destruction of evidence for use in their accident claim.
In 2013, the state of Texas had nearly 30,000 commercial motor vehicle accidents, according to the Texas Department of Transportation. Of those, nearly 3,000 took place in Dallas County, which included 18 fatal crashes and 343 serious injury crashes.
Victims of injury-causing accidents – and families of victims of fatal accidents – can file a claim against a trucking company to recover damages like medical expenses, lost wages, pain, and suffering, and more. But to do so requires evidence of the truck driver’s or trucking company’s liability for the accident.
Some of the deadliest types of crashes are underride and override truck accidents. Those who survive may suffer from severe or disabling injuries. Proving fault is important if a victim or the family of a loved one killed wishes to pursue legal action.
The Texas Department of Transportation reports there were 379 serious injury crashes involving commercial motor vehicles (CMV) in Dallas County in 2012. Accident victims likely wish to pursue compensation for the damages they suffered if the trucker was to blame for the accident.
To do so, they must present evidence of fault and negligence. But motor carriers may destroy certain types of evidence after a specified time period. Accident victims need to act quickly to preserve this evidence.
Dallas County saw 379 serious injury commercial motor vehicle (CMV) accidents in 2012, according to the Texas Department of Transportation. One factor that contributes to some accidents that involve large trucks is trucker fatigue.
To prove negligence in truck accident cases, accident victims may use the driver’s record of duty logbooks to demonstrate the truck driver violated federal guidelines for allowable hours behind the wheel and on duty. This might suggest the driver was fatigued at the time of the accident.
The sheer size of a truck compared to a car may lead to significant damages. If a negligent truck driver injured you or a family member, you may have cause for legal action against the driver and/or trucking company that employs him.
There can be a great amount of evidence in these cases related to the:
- Crash itself;
- Condition of the driver; and
- Even federal trucking regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA).
Evidence collection often begins at the scene – provided you did not need emergency medical care – and continues in the days, weeks, and even months afterward. Read on for more about the various types of evidence that can be helpful to establish a trucker’s negligence or that of the trucking company, as well as the types and extent of your damages.
Truck accidents can be devastating — causing destruction to vehicles, serious physical harm, and even psychological injuries. Because of the repercussions that can be faced financially and otherwise, it’s important to gather sufficient truck accident evidence that demonstrates the negligence of the truck driver or truck company.
A spoliation letter is a notice sent to an opposing party in an accident requesting it preserve all relevant evidence. It may even mention specific evidence to preserve, such as a vehicle involved in an auto accident. This is commonly used in truck accident claims since the trucking company has access to a variety of records, documentation, and information that is helpful in establishing fault.
Accidents can be stressful and frightening, especially those involving trucks. Knowing what to do after an accident can be confusing, especially because the claims process is handled differently, and there may be special laws that apply. If a truck driver was at fault for the crash, knowing what to do after a truck accident is even more imperative than a regular passenger vehicle crash in Dallas.