Truck accidents are responsible for many of the most devastating accidents in the area. With the number of trucks traveling through Des Plaines to get to or come from Chicago, these accidents are more common than one would hope.
Fortunately, you can get compensation for your injuries and the damages they caused if a negligent truck driver injured you. Our lawyers can help you gather the complex evidence that often makes up truck accident lawsuits. We can also help you determine who should be made a defendant in your case. In most cases, we can sue the trucking company for their driver’s mistakes. However, company records or maintenance logs might reveal other parties who contributed to your accident and should pay their part of your losses.
For a free case review with our truck accident attorneys, call Rhatigan Law Offices at (312) 578-8502.
Evidence that Can Help Prove Your Truck Accident Claim in Des Plaines, IL
Lawsuits for truck accidents in Des Plaines are challenging for many different reasons. One issue that makes them complex is the numerous types of evidence victims often need to prove their claims. Fortunately, our truck accident attorneys have years of experience overcoming these challenges and know where to find the evidence that will help you. You might already have some evidence in your possession if you took photos or got other information at the scene. We can gather more evidence from the defendants after your claim is filed. The following are common types of evidence that can help your case in Des Plaines:
Accident Reports
Accident reports are often the first place our team starts when pursuing compensation for a truck accident. If you were injured in a truck accident, there should be a police report since 625 I.L.C.S. § 5/11-407(a) requires all collisions to be reported to law enforcement. After your accident, you might recall the police interviewing you, the truck driver, and witnesses who stopped to render aid. If you did not get a copy of the police crash report, do not worry. Our team can help you obtain a copy from the law enforcement agency that investigated your accident. We can also use it to track down the witnesses listed and get their testimony for your case.
The trucking company that employs the driver will also likely have made a report of the accident. Most trucking companies have policies for documenting accidents to keep track of dangerous drivers. They might also have reports of drug and alcohol testing following the accident, indicating whether the truck driver was under the influence when the accident happened.
Medical Documentation
Your medical records will also be critical to winning your claim. To get compensation in a legal case, you must have actual damages. In a truck accident, this typically comes in the form of injuries and the impact they have on your life. Thus, you should be sure to get medical care after your accident. Depending on your injuries, medical care might start with emergency services on the scene.
If you are not transported to the hospital by ambulance, be sure to visit the emergency room as soon as possible. You will not only be able to get an extensive examination that could discover injuries you were not aware of, but the doctor will also note the cause of the visit, linking your injuries to the accident.
Without medical records, you will not have evidence proving your injuries. Even if you receive treatment a few days after the accident, the defendant will use that to argue that your injuries are not that serious. Thus, get medical attention immediately and follow through with your treatment to the letter.
The Trucker’s Logs
A trucker’s logbook can be pivotal to winning your lawsuit. Most commercial truckers must keep a logbook detailing their actions throughout the trip. For instance, travel time should be logged and when rest breaks were taken. Regular truck inspections and maintenance should also be recorded in the log.
Our lawyers can demand these logs once your lawsuit is filed since they will be relevant to deciding the issue of liability in your case. For instance, if the log shows that the driver was operating past the allotted driving time, we can argue that fatigue was a factor in causing the accident.
The Trucking Company’s Records
The trucking company will also have its own records that could be useful. For example, trucking companies are responsible for inspecting and repairing their vehicles. Records should indicate when inspections were made, what defects were discovered, and what repairs were made. If the trucker claims the brakes failed, records might show that they were worked on before the accident. On the other hand, the company records might reveal that inspections were never made, which would have prevented the accident in the first place.
The Truck’s “Black Box”
We will also obtain the data of any truck equipped with a “black box.” Black boxes are electronic devices that record important information about a truck’s trip. For instance, the black box will record the time the truck was in operation, how fast it was going when operating, and when the brakes were applied. If the trucker was distracted when they injured you, the black box might show that they did not hit the brakes to avoid the collision.
Photographs
Photos can also be submitted as evidence when physical evidence cannot reasonably be used. After a truck accident, you will likely have significant damage to your vehicle. You will also probably notice debris and skid marks around the accident scene. Most of this evidence will not last until your lawsuit is filed, so taking pictures is the best way to preserve it for later.
Expert Testimony
Most truck accidents are complex. As such, you will usually need an expert witness to testify on your behalf to explain complicated issues that might confuse the court. If the information is typically beyond the understanding of normal people, you will need an expert. For example, if the cause of the truck accident is difficult to comprehend, an accident reconstruction expert can help piece the event together.
You might also need a medical expert to testify if your injuries were significant. If you need extensive surgeries and physical therapies, a court might not fully understand how injuries of this nature can impact a victim. They can also explain how your injuries prevent you from working. With their testimony, the court will be able to appreciate the impact your accident has had, which should result in a higher award in your case.
Contact Our Des Plaines, IL Truck Accident Attorneys for Help with Your Case
Our truck accident lawyers at Rhatigan Law Offices can provide you with a free case review today by calling (312) 578-8502.
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