When you are involved in a truck accident, evidence such as a police report, witness statements, accident scene photos, and black box data can help show who caused the collision. The drivers’ statements can also be helpful.
Because of the value of this evidence, you should seek help from a knowledgeable and experienced personal injury lawyer as soon as possible after a truck accident in Georgia. The attorney can preserve, gather, and review evidence, build a compelling case, and work tirelessly to pursue the compensation you deserve.
Who Can Be Held Liable for a Georgia Truck Accident?
Truck accident evidence can show how the crash occurred and establish liability. Even though it is natural to blame a careless truck driver, the reality is that other parties may have contributed to the issues that caused the truck collision. In many cases, the evidence establishes that multiple parties are responsible, including the following:
- Truck driver
- Trucking company
- Cargo loading company
- Shipping broker
- Parts or truck manufacturers
- Maintenance providers.
Uncovering liability takes dedication and a complete investigation into the cause of the crash. This type of investigation may be complex for accident victims who suffered severe physical injuries in the truck accident. However, a truck accident attorney can thoroughly investigate it, looking for evidence of fault and signs of negligence or wrongdoing to craft a compelling truck accident claim for you.
What Different Types of Evidence Can Be Useful in Proving Fault in a Georgia Truck Accident Case?
Several types of evidence exist in Georgia truck accident cases. One of the most vital forms of evidence is physical evidence. It can be recovered from the accident scene and may include crash debris, photographs, videos, and skid marks. These items are physical, tangible pieces of evidence that can help an experienced attorney and expert witnesses piece together the cause of the crash.
Witness statements are another valuable source of evidence. They help corroborate the physical evidence, building a more substantial picture of how a truck accident occurred.
Electronic data is another form of potentially critical evidence. It cannot be recovered at the scene. However, it may be vital to recreate the moments before the crash and identify whether state and/or federal regulations were violated.
However, black box data, electronic hours of service logs, and other information are trucking company property. Obtaining this information can be challenging without immediate legal action.
Digital images are another form of critical evidence. Digital images can come from dashcams, CCTV cameras, onlookers’ telephone videos, and various other sources. Your lawyer can track down this crucial evidence to help prove the trucker or trucking company’s negligence and establish your claim for medical expenses, lost wages, pain and suffering, property damage, and more.
What Sort of Evidence Is Needed to Prove the Driver Was Negligent in the Truck Accident?
Every piece of evidence collected and preserved helps tell an overall story of how the truck accident occurred and who may be at fault. Physical evidence, witness statements, electronic data, and digital images combined can help establish that a truck driver may have been negligent due to distracted driving, failing to follow federal regulations, or driving carelessly.
Forms of evidence that may be useful in proving the truck driver or other entities were negligent can include the following:
- Police report
- Back box data
- Hours of service logs
- Dash camera video
- Surveillance footage
- Photographs and videos of the accident scene
- Cargo loading reports
- Safety inspection records
- Truck maintenance records
- Violations of federal and state regulations
- Driver background information
- Cellular phone records
- Witness statements
- Testimony from accident reconstruction experts.
It will be vital for you, or your attorney, to preserve this evidence before someone loses or destroys it. Quick legal action is the best way to protect your legal rights and ensure an attorney can start obtaining information that will help strengthen your claim.
What Additional Forms of Evidence Can Help Prove the Extent of My Injuries?
The above items can be essential evidence to establish liability. You must also prove damages. Medical records and expert witness testimony are other evidence that may be essential for building a solid compensation claim. Medical documentation of your injuries can prove the severity and extent of your wounds. Medical professionals’ testimonies can help corroborate your medical documentation and explain how your injuries impact your life and well-being.
Medical evidence is also significant. It can help an insurance company or court understand whether the severity of your injuries impacts your ability to return to work and generate income.
What If I Am Partly to Blame for the Accident?
Sometimes, truck accident victims fear seeking legal help because they worry that an investigation could reveal they were partially to blame for causing the accident. However, Georgia follows a modified comparative negligence system. Under this law, accident victims can recover compensation for their injuries if they are less than 50 percent at fault for causing the crash.
The rule allows an injured person to recover compensation that is reduced in proportion to the percentage of responsibility they bear for causing the collision. So, if a victim is 10 percent to blame for causing the crash, the compensation they can claim is reduced by 10 percent.
Even if you are partially to blame, you can still pursue compensation for your injuries through a personal injury lawsuit. However, if you are 50 percent or more at fault, you cannot obtain any compensation.
The modified comparative negligence rule binds only court decisions. Still, insurance company adjusters use the rule as a guide to help them establish the value of claims.
Contact a Georgia Truck Accident Attorney
Since 1984, the personal injury lawyers at Spiva Law Group have tackled the most challenging personal injury cases. Our seasoned attorneys and support staff know how to pursue maximum compensation for our clients. We have recovered over $500 million in verdicts and settlements. To learn more about our experience and discuss the specific facts of your truck accident, contact us today and receive a free consultation.
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