If you have been injured in a truck accident, Virginia law allows you to obtain seek compensation from all parties who are responsible for those injuries. In many cases, it was an act or behavior by the truck driver that caused the crash, so liability for damages lies with both the truck driver and the trucking company they are employed by.
In any personal injury case, it is up to the victim – usually with the help of a Virginia personal injury attorney – to prove that liability. In order to do so, the attorney will need to present evidence of negligent or reckless behavior on the part of the truck driver.
What Kind of Evidence Should Be Presented in a Truck Accident Case?
One of the most critical pieces of evidence in a truck accident case can be the “black box” that is in the truck. This piece of equipment is referred to as an Event Data Recorder (EDR) and does exactly what its name implies, records data. It is designed to record the data about the truck in the seconds before, during, and after a crash.
Some of the activities the EDR captures can include any engagement of the brakes or acceleration pedals before and after the accident, as well as the truck’s steering. The EDR also captures the truck’s speed right before, during, and after the collision. All of this information could help an accident reconstruction expert piece together what happened and show negligence on the part of the truck driver, such as speeding or failing to slow down.
If either the truck and/or the victim’s vehicle has a dash camera, the footage from the accident can also be used as evidence. However, it is important to note that this footage could be overridden fairly quickly so it is important for the victim to save their footage before this happens.
A truck accident attorney can also use eyewitness testimony to help prove truck driver liability. Any other motorists and pedestrians who witnessed the crash can help corroborate the victim’s versions of events.
In some accidents, depending on the circumstances of the crash, police who respond to the accident may conduct chemical tests if they suspect a driver is under the influence of alcohol and/or drugs. If the test comes back positive, that driver will likely face criminal charges. This information can be used to prove fault for the truck accident.
Contact a Virginia Truck Accident Attorney
If you have been injured in any type of truck accident, contact Shapiro, Appleton & Washburn to discuss what legal recourse you may have. Truck accident cases can be complex, and it is not uncommon for there to be multiple at-fault parties who are responsible for the payment of financial damages you may be entitled to for your injuries. Call our office today to schedule a free and confidential consultation with one of our dedicated Virginia truck accident attorneys. Our personal injury firm has successfully represented many injured victims and their families and we are happy to meet with you and offer legal guidance on what the best options may be for your circumstances.
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- What Is a DQF in a Truck Accident?
- Evidence in a Truck Accident Lawsuit