Before a claimant can collect compensation for injuries sustained in a truck accident, there must be sufficient proof to establish legal liability and support damages claims. The proof is established by the weight of information either for or against the truth of the issues. However, not all information that may have a bearing on the truth of a matter can be used as evidence.
When claiming injuries and damage after a trucking accident in Texas, you want as much evidence to support your claims as possible. The Houston truck accident attorneys at Farah Law have decades of experience gathering evidence in truck accident claims to prove liability and damages for injured clients.
How Much Evidence Is Necessary to Prove a Truck Accident Claim?
As burdens of proof go, it is generally easier to prove a personal injury claim than some other types of legal matters because the level of proof is the lowest required for imposing liability. A claimant must establish the truth of the allegations by a ‘preponderance of the evidence’. This means presenting more credible evidence in favor of your claims than the opposing party presents in support of their claims, so it is more likely than not that what you claim is the truth.
Credible evidence has certain characteristics. To be admissible, evidence must meet the following criteria:
- Relevant – It must make a fact of consequence more or less probable.
- Material – It must be significant to the outcome of the claim.
- Authentic – It must be genuine and real.
- Not privileged – It must not be legally protected from disclosure.
Even if evidence meets the basic criteria for admission, it can still be inadmissible for other reasons, such as being too prejudicial or if the proper procedures are not followed when gathering the evidence. Evidence will not help a claim if it’s not properly gathered and preserved.
Sources of Evidence to Prove Liability After a Truck Accident
The first hurdle in a truck accident claim is proving liability, which starts with proving someone didn’t do something they had a legal obligation to do. This is easier when the at-fault driver runs a red light because drivers have a legal obligation to obey the laws. Unfortunately, it’s not always clear who should be held responsible for causing an accident.
There is a lot of potential evidence that can suggest how a truck accident likely happened. The following kinds of evidence are generally considered reliable because the information comes from an objective source.
Police Report
The police report is a powerful source of valuable evidence since it comes from an authoritative agency. The report will include details about the accident and the officer’s observations and conclusions. The officer will also likely get statements from involved parties and witnesses.
Truck Technology
Many large trucks are equipped with event data recorders (black boxes) that preserve information about a truck’s operations and driving conditions, which can show what happened right before the accident.
The Federal Motor Carrier Safety Administration (FMCSA) requires most commercial trucks to have electronic logging devices designed to prevent drivers from driving too long without resting. These logs can provide information about whether the laws were being followed and if the driver may have been overly fatigued.
Photos
Pictures are truly worth a thousand words. The police will take some pictures of the accident scene, but it’s also a good idea to record as much information as possible with your own photographs.
Truck Maintenance and Inspection Records
Truck companies have a legal responsibility to make sure their trucks meet safety standards and operate within allowed parameters. Reviewing these records may indicate a trucking company’s failure to meet its legal obligations.
Expert Opinion
In some situations, evidence may require interpretation to understand its meaning. Police are generally considered to be experts in accident investigation. An engineer might be required to explain how roadway curves are designed to support vehicles at a given speed. A forensic toxicologist may be needed to explain the effects of a particular substance on driver behavior.
Parties Who May Have Liability for Causing a Truck Crash
As an investigation into liability continues, new information may surface that indicates there may be more than one party responsible for causing a truck accident. The truck driver may not be the only person at fault for a truck accident. Depending on how an accident occurred, any of the following parties could also potentially have some liability:
- Truck driver – A truck driver is liable for actions or inactions that contributed to the accident.
- Trucking company – A trucking company is liable for the actions of an employee acting within the scope of employment or for failing to maintain the truck or train the employee properly.
- Truck service providers – Third-party service companies can be liable if faulty service leads to a mechanical breakdown that contributes to the crash.
- Truck manufacturer – Sometimes, truck accidents are caused by the failure of equipment provided by the manufacturer.
- Cargo loaders – Loaded trucks can weigh up to 80,000 pounds, and when a load shifts due to improper loading, a truck driver may not be able to control the vehicle.
The evidence may suggest that you have some responsibility for a truck accident. Having some liability doesn’t mean there is no recovery unless your liability is greater than 50% under Texas law. A percentage of liability of 50% or lower will reduce the amount of compensation a claimant can receive by the same percentage.
Evidence Needed to Prove Personal Injury Damages
In Texas, a person injured in a truck accident can be compensated for both economic and non-economic damages. The amounts that can be received are the amounts that can be proven. Economic damages are usually proven from bills or receipts for medical expenses, lost income, and other out-of-pocket expenses incurred as a result of the accident.
Non-economic damages are harder to prove because they are based on subjective experience. These kinds of damages compensate an injured person for their pain, inconvenience, and loss of enjoyment of life. Evidence helping to prove these damages may include keeping a log tracking the effect the injuries are having on a daily or weekly basis, taking pictures or videos demonstrating limitations, and statements from people who have witnessed the changes.
A word of caution about posting on social media while a personal injury claim is pending. Social media posts can be admissible as evidence. Be careful with your posts, and don’t post about your accident. You don’t want to be seen doing anything inconsistent with your claimed injuries or saying anything that could be interpreted against you.
An Experienced Truck Accident Attorney Will Assemble the Evidence You Need to Prove Your Claim
Truck accidents can mean serious injuries. To be entitled to compensation, a claimant must present enough credible evidence so it’s more likely than not that the accused parties are liable for causing the injuries and the claimant is entitled to the requested damages.
At the Houston-based personal injury law firm Farah Law, we know what it takes to get the best results for our clients. When you are injured in a truck accident, your rights are our priority. We investigate and collect the evidence we need to prove liability and get you fair compensation for your injuries.
