Truck accidents can be devastating because of the large disparities in weight and size between large trucks and passenger vehicles. While large trucks can weigh up to 80,000 pounds under regulations from the Federal Motor Carrier Safety Administration (FMCSA) and be 75 feet long, passenger vehicles typically weigh an average of 5,000 pounds and are significantly smaller. If you or a loved one is involved in a collision with a commercial truck, you might face catastrophic injuries and permanent disability. Victims must receive compensation for their losses following truck accidents that aren’t their fault, but they must file and prove their accident claims to show that the commercial truck’s driver, carrier, or other party was at fault. Below, we’ll explain what types of evidence can be used to prove negligence in a truck accident case.
What Is Negligence?
In Missouri, motorists must exercise the highest degree of care. Missouri Approved Jury Instruction 11.02(II) defines negligence as “the failure to use that degree of care that a very careful person would use under the same or similar circumstances.” In addition, R.S.Mo. 304.012 states, “Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.”
To prove negligence in a truck accident claim, you must present evidence that shows the following elements:
- Duty of care – The driver owed a duty of care to the victim.
- Breach – The driver breached the duty of care.
- Causation – The driver’s breach of the duty of care caused the accident and the victim’s injuries.
- Damages – The victim suffered calculable losses as a result.
Proving these elements requires evidence from the accident scene to be preserved quickly. Because of this, you should contact an experienced attorney as soon as possible to determine what types of evidence can be used to prove negligence in a truck accident case.
Evidence to Prove Negligence
You must prove negligence to recover compensation following a truck accident. This involves gathering and presenting evidence that proves the negligence elements. You will have the burden of proof to show that the driver’s or trucking carrier’s negligence caused your accident and injuries and that you suffered damages.
What types of evidence can be used to prove negligence in a truck accident case? Some common types include the following:
- Police report – While this can be admitted as evidence, it provides insight into the crash’s causes, the officer’s reconstruction of what occurred, the names and contact information of the involved parties, and the names and addresses of witnesses who saw what happened. This report is a roadmap for your attorney’s investigation.
- Electronic logging device (ELD) data – All commercial trucks must have an ELD installed that records information about when the truck was in operation and the miles traveled. This evidence can be used to show whether the driver may have violated the hours of service rules.
- Black box data – A commercial truck’s black box records information about how fast the truck was traveling immediately before the crash and when the driver applied the brakes.
- Video footage – If your car or the truck has a dashcam, or there were surveillance cameras from nearby homes or businesses, the footage might help your attorney identify whether the truck driver failed to take steps to prevent the collision or if they might have been driving while distracted.
- Photographs – Photographs taken of the crash scene can help establish negligence and might include pictures of the damage to each involved vehicle, road debris, skid marks, weather conditions, and road conditions.
- Maintenance and repair records – A trucking carrier’s maintenance and repair records might help show that the company failed to keep the truck in good working condition.
- Expert witnesses – Expert witnesses can be key to proving your claim. They can help show who caused the accident or provide evidence about defective parts or repair failures.
- Other evidence – Many other types of evidence can be critical to proving negligence based on the facts and circumstances of your case. These might include the driver’s safety record, cell phone records, and more.
Evidence to Prove Damages
You must present evidence of your losses once you have proved that the defendant owed a duty of care, breached it, and caused your accident and injuries. Some examples of evidence to prove damages include the following:
- Medical records – These are critical for a truck accident case. They can show that your injuries were caused by your accident as well as the financial and noneconomic impacts they will have on your future and your quality of life.
- Work and financial records – Past employment and wage records can help show information about work you were forced to miss because of your injuries and your lost wages. These can include paystubs, W-2s, bank records, and tax returns.
- Bills and receipts – Medical bills and other invoices are important for proving all of your financial losses, including those related to the damage to your vehicle.
- Expert witnesses – Experts are important for showing evidence of your claim’s value and can provide testimony about your future ability to work and earn an income, the impact of your disability, and your future medical care needs.
Talk to an Experienced Truck Accident Lawyer
Truck accident claims can be complex and require you to gather many types of evidence. The experienced attorneys at the Law Offices of Bryan Musgrave can help identify and gather critical evidence to support your claim. Contact us today for a free consultation by calling 417-322-2222 or contacting us online.