Trucking accidents are rarely minor. The force and speed with which large trucks impact other cars or objects can result in catastrophic accidents. Reconstructing the accident scene is crucial to determining liability and understanding how the trucking industry can take preventive steps to reduce the number of truck-related accidents on the roadways.

Data and footage from dashboard cameras, closed circuit television (CCTV) cameras, police reports, and the truck’s electronic logging device (ELD) and event data recorder (EDR) can all be used in a truck accident case. This type of evidence can be used by an attorney to establish liability. 

Reports From Local Police and Government Agencies

The police report is one of the strongest pieces of evidence used in determining fault in a truck accident case. Who fills out the report, however, largely depends on the incident. 

For example, a collision on a local highway will likely fall under the jurisdiction of local police. If that crash happens on an interstate highway, however, or involved multiple trucks, then governmental agencies like the National Transportation Safety Board (NTSB) may also be involved. (Note: NTSB investigations take time. If you’re in the middle of the claims process, you’ll likely experience a delay until the NTSB releases a report with its findings.)

Both injury attorneys and insurance companies rely heavily on these reports to establish fault, though they are not without their flaws. Sometimes law enforcement simply gets it wrong. That is why police reports, even when they say the truck driver was to blame, are not the only piece of evidence an injury lawyer will use in a truck accident case. 

Surveillance Footage, Photos, and Other Recordings

Technology is everywhere, and it is useful in reconstructing truck accidents. In addition to traffic cameras, CCTV footage from nearby businesses may also capture the events of an accident. Additional sources may include:

  • Front doorbell cameras or private residence security cameras
  • Dash cams from other vehicles 
  • Recorded footage from eyewitnesses on their tablets or mobile phones

Collecting as much data as possible can be difficult, but an experienced truck accident attorney will know where to search for hidden pieces of evidence that may be vital in supporting an accident victim’s claim for injuries and/or damages. Some sources of footage expire quickly and are not kept in long-term storage by the owners. For this reason, accessing these records as soon as possible is important. 

Electronic Data From the Truck Itself

Many large trucks are equipped with data recorders that record information that happens with the truck’s systems and the driver. 

  • Event Data Recorders. Sometimes referred to as the truck’s “black box,” the EDR captures information that can be used to determine what happened before an accident. This information includes data about speed, brake application, steering, seatbelt usage, and airbag deployment, as well as crash impact data. 
  • Electronic Logging Devices. The ELD records driver data. Many tractor-trailer drivers are limited to a certain number of work hours before they must take a mandatory rest under the federal government’s Hours of Service (HOS) rules. The ELD is connected to the truck’s engine and automatically records when it is in use. 
  • Mobile Digital Recorders. These devices are placed in trucks and can capture GPS, audio, and video footage inside the truck’s cabin. Data from these types of recorders may give proof that a driver was distracted before an accident or experiencing a medical emergency.
  • Dashboard cameras. Dash cams collect more than simply the external events that play out in front of a truck’s front bumper. Today, dash cams can even recognize and warn against driver fatigue, and may also be equipped to provide pre-collision warnings. 

Some trucking companies and/or owner-operators may also use other types of data recording devices to gain even more insight into the daily usage of the truck, the work patterns of the driver, and information leading up to any accidents.  

This evidence can be useful in determining whether an accident was caused by driver error, whether or not road conditions played a role, or if a truck malfunction caused an accident. 

Witness Accounts of the Accident

There are generally three types of witnesses in a truck accident claim: 

  • Eyewitnesses. Eyewitnesses are people who saw the accident happen. These may include passersby, store clerks, passengers, or other drivers who saw the accident on the road. They usually give their account of the testimony under oath. 
  • Expert witnesses. Expert witnesses vary, but they are typically people like engineers, industry insiders, or other folks who may investigate the accident, reconstruct it, and build a report of what they believe happened. A truck accident case may also call for doctors, toxicologists, financial planners, and other professionals, among others. 
  • Character witnesses. A character witness also testifies under oath or provides a sworn statement. Character witnesses may be used to testify about the truck driver’s work ethic, honesty, or safe driving record. Alternatively, a character witness may also testify against a driver, citing multiple accidents or a poor driving record. 

Witness testimony helps understand details about the accident that may not be visible on camera or through vehicle data recording devices.

How an Attorney Can Build a Case for a Truck Accident Victim

Truck accident victims may be left with injuries that are life-altering. They may find themselves up against big insurance companies (sometimes multiple carriers, depending on how many parties are involved) with high limits who want to offer lowball settlement offers to them. 

An experienced truck accident can collect and analyze all the evidence to build a strong case and protect a victim’s right to collect maximum compensation for their injuries. An attorney can also help victims by taking the burden of the claims process, negotiations, and investigation off of the individual so they can have the time they need to heal from injuries. 

Lastly, not all evidence helps establish a case. A seasoned attorney can sort through the available evidence and decide which evidence is necessary and helpful in protecting their victims’ rights to recover compensation. 

If you’ve been injured in a truck accident, don’t delay in contacting an attorney to help you file a claim. Trucking accidents may involve numerous responsible and liable parties, and there may be means of receiving compensation that you have not considered. Having an advocate on your side can protect your ability to collect the money you need to cover your expenses and get back on your feet.