Trucking accidents are different from typical car accident cases in Nevada for many reasons. They come with unique challenges, such as federal safety regulations for common carriers. One reason you may need to hire a truck accident lawyer in Las Vegas is to identify and collect the important types of evidence that are involved in your case.
The Truck’s Black Box
The “black box” of a commercial truck is an event data recorder or a device that collects various types of data while a truck is in operation. These devices are designed to remain intact after most types of accidents so that they can provide valuable information about the events leading up to the crash.
Accessing this data is an important part of a truck accident investigation, as it can provide insights into the truck’s speed, engine performance, brake usage, steering input, location, airbag deployment, and more. Investigators can use this data to help reconstruct the accident and determine fault.
Records and Documents From the Trucking Company
The Federal Motor Carrier Safety Administration (FMCSA) requires common carriers to maintain certain records. A trucking company may possess many documents that can be useful for a truck accident claim, such as:
- Event data recorders: the black box, as well as driver log books and electronic logging devices that record details of the driver’s hours and breaks.
- Fleet and truck maintenance records: pre-trip and post-trip inspection reports, repair history, regular maintenance, and federally mandated inspections.
- Truck driver medical and driving records: road test results, qualification files and certifications, training records, medical documents, and substance abuse testing records.
- Cargo loading and securement documentation: bills of lading describing the cargo being transported and records for how the cargo was loaded, balanced, and secured.
- Communication records: the truck driver’s cell phone records, as well as any communication between the trucker and trucking company.
- Accident and insurance claim records: any history of accidents involving the truck and/or driver, as well as any prior insurance claims filed.
Your Las Vegas personal injury attorney can help you obtain these records by issuing legal documents known as subpoenas or requests for the production of documents. These require trucking companies to release these records and any other evidence that may be relevant to the case.
Truck Company Compliance History
Truck accidents can be caused by many different issues with how the trucking company operates. A trucking company may try to cut costs by ignoring truck maintenance needs or failing to properly train its drivers, for example. The trucking company’s federal regulation compliance history can prove these failures and lead to the company being held accountable for an accident.
Compliance records may show issues such as overloaded trucks, unsecured loads, unqualified or untrained drivers, drug or alcohol use, distracted drivers, drivers exceeding their hours-of-service regulations, drivers not taking enough breaks, and poor truck maintenance. These documents may be used to establish the cause of the crash.
Need Help Collecting Evidence for Your Truck Accident Case? Contact an Attorney
Trucking companies have legal teams and powerful insurance carriers that will try to deny liability (financial responsibility) for a truck accident. The best way to even the playing field is by hiring an attorney to help you gather and preserve evidence to support your case.
An attorney can return to the scene of the truck accident, speak to those involved, review the police accident report, analyze photos and videos, interview witnesses, subpoena records, investigate the trucking company, hire experts, and reconstruct the accident to determine fault on your behalf.
If you were involved in a recent truck accident, a lawyer can help you collect evidence and build the strongest possible claim. Contact Valiente Mott to start your case with a free consultation with an experienced truck accident lawyer in Las Vegas.
