What Types of Evidence Can Prove a Truck Accident Claim?
The injuries to motorists involved in commercial trucking accidents can often be catastrophic. Therefore, the financial recovery available in these cases can be substantial. However, before an injured accident victim can receive compensation in his or her case, he or she must first present evidence to prove the different aspects of their claim.
Evidence must be discovered, gathered, and presented to the court in accordance with Wisconsin law, and identifying proper evidence can be complex and confusing. Still, presenting the right evidence to prove a truck accident claim is imperative to an accident victim's recovery.
In order to recover, an truck accident victim must demonstrate that another party—such as the truck driver or trucking company—acted in a negligent manner to cause an accident. Negligent acts can include driver error, improper maintenance of a truck, and negligent hiring or supervising of drivers.
Evidence that can be used to prove such negligent acts or omissions may include the following:
- Results of blood tests;
- Police reports or citations against the truck driver;
- Calls to 911, which must be requested within 120 days;
- Intersection or police videotapes, which are kept for a limited amount of time;
- Photographs depicting skid marks, debris, etc.;
- Delivery and hours logbooks;
- Witness testimony;
- Driving records or personnel files;
- Inspection and maintenance records for the truck;
- Cargo-loading records; and
- Information from the truck data recorder or camera.
If the cause of an accident is not immediately clear, it may be necessary to have an accident reconstruction expert analyze the scene of an accident and the damage to the vehicles involved to help determine and prove what happened.
Proving Your Losses
Proving a negligent act is not enough, however. An injured accident victim must also provide proof of his or her damages.
Damages not only include the medical bills and lost income that has been incurred, but also all of the estimated future losses expected to be sustained. In addition, injured accident victims can often recover for intangible losses such as pain and suffering, which can be difficult to quantify and prove. Various evidence used to prove one's losses includes the following:
- Medical bills, healthcare records, and reports from doctors ;
- Pay stubs and time sheets for hourly workers; but business, tax, or other records for others;
- Reports and testimony from medical professionals regarding necessary future treatment and costs;
- Reports and testimony from vocational consultant regarding lost future earnings;
- Reports and testimony regarding nursing services provided by others;
- Reports and testimony of life care planner for seriously disabled victims;
- Testimony from an injured accident victim, his or her doctors, or his or her family regarding the effects of the injury on the injured victim's life;
- Journals or other notes an injured accident victim kept regarding his or her physical and mental state; and
- Psychological evaluations regarding any emotional issues an injured accident victim suffered due to the accident.
There are many additional types of evidence that may be used to prove an injured accident victim's losses.
Call a Green Bay Truck Accident Attorney for a Free Consultation Today
Cases involving commercial truck accidents are often complicated and can involve a significant amount of investigation and preparation. Therefore, it is crucial to have representation by a law firm that has the resources to fully and zealously pursue a claim.
If you have been injured in a truck accident, the skilled Green Bay truck accident attorneys and Appleton personal injury attorneys at Herrling Clark Law Firm Ltd. have the resources necessary to take on large trucking companies in court if needed. Call us today at 920-739-7366 to schedule your free consultation. Our offices are located throughout Wisconsin in Appleton, Green Bay, Oshkosh, and New London.