When filing a civil lawsuit, evidence is the name of the game. Truck accidents tend to be severe, and significant damages may be at stake. As such, we need the strongest evidence we can gather to prove your claims.
Evidence comes in many forms, and it may look different in each case. Even so, there are pieces of evidence that tend to be common in truck accident cases, and we can start our search there. Drivers may take photos and record videos of the accident scene, and footage from security cameras or dashcams may also be available. Your medical records and testimony may also be important. In addition, evidence controlled by the defendant, like event data records and trucking company records, may be obtained during the discovery phase of your case.
Call our Rockford, IL truck accident lawyers at the Rhatigan Law Offices at (312) 598-0014 and ask for a free, private case evaluation.
Evidence You Can Provide in a Truck Accident Lawsuit
You may control some of the evidence we need, making it much easier for us to obtain it and use it to prove your claims.
Photos and Videos
Did you record any photos or videos of the truck accident? If so, your videos and photos may be used as evidence in court.
Drivers often take photos and record videos after accidents so they can show them to insurance companies as proof. If you recorded anything, show it to your attorney right away. Your photos and videos may contain crucial details that are lost after the accident scene is cleared away.
Medical Records
We may need copies of your medical records to prove the extent of your injuries from the truck accident and the cost of treatment. Since you have a right to your own records, we should not have much trouble getting copies. However, it can take time for hospitals and doctors’ offices to compile your records, so we should request copies as soon as possible.
Testimony
Your testimony about the accident may be crucial. Remember, you are not just a victim of the accident but also a witness. You may testify about what you saw leading up to and during the accident, which may shed light on how the defendant was negligent and responsible.
Evidence We May Obtain from the Defendant in an Illinois Truck Accident Case
When suing a truck driver and their employer, the trucking company, there will likely be evidence that they control. While we might not have immediate access to this evidence, our Aurora, IL truck accident lawyers will ask to see it during the discovery phase.
Security Camera Footage
Many large trucks and semi-trailers are equipped with security cameras. These cameras may be outside the truck and record things like traffic and road conditions. Some trucks have cameras inside the cab that record the truck driver to make sure they are doing their jobs safely and correctly.
Such footage may be extremely important, and we should ask about it when we get to the discovery phase of the case.
Event Data Recorder
Event data recorders, also called black box devices, are commonly equipped to large trucks to record numerous data points. These devices may record information about the truck driver’s speed, when they hit the brakes, when they stop to rest, how long they were on the road before the accident, and when they accelerated or slowed down.
This data may shed light on exactly what the trucker was doing just before the accident. For example, we might learn that the trucker was speeding and did not hit the brakes at all just before the accident.
Trucking Company Records
The trucking company likely maintains various business records about the truck driver, the truck, and other information relevant to the accident. For example, we may see records about safety inspections and truck maintenance to find that the truck had been very poorly maintained before the crash.
How Can You Obtain Evidence for a Truck Accident Lawsuit?
How we get evidence will vary based on what we need and what is available. Below are common methods for obtaining evidence in civil lawsuits.
Interrogatories
The opposing parties, including the truck driver and the trucking company, may have information about the accident that we need. For example, the trucker’s testimony may be crucial, as it sheds light on their perspective of the accident.
We can send parties to the case interrogatories, which are written questions that may be answered in writing. Interrogatories can help us learn what the opposing parties know about the accident.
Depositions
Depositions may also be used to determine what others know about the accident, but they are conducted in person and administered under oath. We can also depose anyone involved in the case, not just the opposing party. This means we can depose potential witnesses to see if they have testimony that may help us prove your claims.
Discovery
The discovery phase is a period in the case where each side must exchange their relevant evidence and information. We may have access to various things, like business records, security camera footage, and evidence taken directly from the truck, that the defendants control. If we believe they are withholding evidence, we can ask the court to compel them to produce it.
How Much Evidence Do You Need to Sue for a Truck Accident?
We must have enough evidence to prove your claims by “a preponderance of the evidence.” Put another way, this means we must have enough evidence to show that it is more likely than not that the defendant is liable for the truck accident.
What Happens if Important Evidence is Unavailable?
Evidence can be unpredictable, and it is not always available when we need it. If evidence cannot be found or is unavailable for some reason, we can widen our search and find alternative evidence. For example, perhaps another driver recorded the accident with their dashcam but mistakenly deleted the footage. While the footage may be lost, we might still call upon the driver as an eyewitness.
How Long Do You Have to Gather Evidence for a Truck Accident Lawsuit?
There is no set time, and the discovery phase can last for several months, depending on how much evidence each side needs and how long they need to effectively prepare.
Generally, any evidence we plan to present in court must be obtained and made discoverable by the close of the discovery phase. After that, introducing new evidence may be possible but difficult.
Ask Our Illinois Truck Accident Lawyers to Help You Get Financial Compensation
Call our Bolingbrook, IL truck accident attorneys at the Rhatigan Law Offices at (312) 598-0014 and ask for a free, confidential case evaluation.
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