Fault in commercial truck accidents can extend beyond the drivers involved. Depending on the events leading up to the crash, liability for a trucking accident can be laid at the doorstep of the freight company, third-party contractors, a maintenance person, or anyone else tasked with for keeping a tractor-trailer or other commercial truck roadworthy and safe.
In Virginia Beach, effectively proving fault is paramount to a claim moving forward since the state’s contributory negligence law precludes injured victims from receiving financial compensation if they are determined to be even 1% to blame for the accident.
In these cases, it is helpful to understand what forms of evidence are commonly used to prove fault, and how a skilled Virginia Beach truck accident lawyer can build a strong case and ensure you obtain the damages to which you are entitled.
What Types of Evidence Can Help Prove Fault?
The process of proving truck accident liability involves collecting evidence that shows how and why the collision occurred, especially when multiple parties are involved. Compelling forms of evidence usually include:
Police Accident Reports
Truck accidents are usually reported by those involved and/or eyewitnesses right away. As the responding officer investigates the scene,
one of the steps they take is to create an accident report that includes details regarding how the crash took place, whether either driver was cited, and statements from the drivers and eyewitnesses. Although a police report alone is not enough to determine fault, it often serves as an important piece of evidence during trucking accident investigations.
If you can take them safely, videos or pictures of the scene can support your version of events. Photos of property damage, vehicle positions, and road conditions can help prove how the incident happened and preserve details that would otherwise be lost.
Logbook Records and Driver’s Hours
Federal regulations restrict truck driver hours in order to lessen fatigue, which is a leading cause of Virginia Beach truck accidents. A driver’s logs can show if the truck operator was abiding by the Hours of Service regulations or exceeding them.
If the truck driver was behind the wheel for an extended period of time, fatigue likely played a part in the crash, which is important in proving liability. In modern tractor-trailers, the driver’s logbooks and records, along with other details about the journey, are typically stored electronically.
Truck Inspection and Maintenance Records
Occasionally, the problem is not how the operator handled the truck, but rather how the company failed to maintain it. A fully loaded, 80,000-pound tractor-trailer with broken lights, faulty brakes, or worn tires is at an increased risk of being involved in an accident. Inspection and maintenance records will show whether or not the freight company fulfilled its obligation to keep its vehicle in safe, working order.
If you have any reason to suspect that a mechanical failure contributed to your Virginia Beach truck accident, these records are vital.
Black Box Data
Most modern commercial vehicles, including trucks, are equipped with black boxes, also known as event data recorders. This technology captures helpful information such as the truck’s braking, speed, and engine status in the minutes before the collision. Specialists can examine the black box data and use it to help them determine what transpired and if the truck operator had enough time to react.
Although this information is electronically stored, it isn’t maintained forever. By contacting an experienced Virginia Beach truck accident lawyer as soon as possible after your accident, you can ensure that swift legal action is taken to preserve the evidence before it is overwritten or lost. Your lawyer will send a spoliation letter to secure the EDR, work with qualified professionals to extract and analyze the data, and use their findings to build a compelling personal injury case that supports your claim for damages.
Expert Witnesses
Witnesses can supply useful details about what they noticed, including what the truck driver or other drivers were doing just before the crash. Memories fade, so the quicker these statements are taken, the better.
In complex truck accident cases, lawyers may hire accident reconstruction experts to study all the digital and physical evidence to establish the most likely cause of the accident. These professional insights could become a fundamental part of presenting a clear and credible version of your story.
Who Else Can Be Liable for a Virginia Beach Truck Accident?
Accident investigators commonly discover factors outside of the truck driver’s actions. A closer inspection of the facts might reveal choices made by the freight company, cargo loader, or maintenance contractor that contributed to what happened.
For instance, the company may have neglected to properly train the driver or purposefully set delivery schedules that pressured them into taking dangerous risks. A third-party mechanic may also share liability if lapsed inspections or shoddy repairs caused a mechanical failure. Cargo loading firms could also be held liable if the accident was caused by improperly loaded or improperly secured cargo.
If the evidence reveals more than one contributing factor, liability may extend to more than just the driver. For example, if a faulty part played a role in your crash, your lawsuit may also name the freight company, third-party contractors, or a part’s manufacturer.
Why Does Contributory Negligence Make Legal Help Necessary?
Virginia’s laws on contributory negligence make truck accident cases more difficult to resolve than most would expect. If you are determined to be even a tiny bit at fault, you will be barred from recovering any financial compensation at all. Freight and insurance companies are well aware of this and make it a habit to find ways to shift some of the blame onto the victim as quickly as possible.
Partnering with a skilled Virginia Beach truck accident lawyer from Shapiro, Washburn & Sharp ensures that your rights are safeguarded from day one. Our attorneys can take immediate action to collect maintenance records, secure the black box data from the truck, and conserve driver logs before they are destroyed or lost. We can also work with accident reconstructionists who will review the evidence, explain which trucking regulations, if any, were violated, organize and preserve evidence, and present a transparent, fact-based case.
How Can Our Law Firm Help?
Our lawyers have been achieving successful resolutions to truck accident cases since 1985. One example of this is the $3.5 million settlement we secured for the daughter of a man who sustained fatal burns during a truck accident on Interstate 64 in Norfolk, VA.
At Shapiro, Washburn & Sharp, we know how challenging daily life can be after a truck accident. Our Virginia Beach truck accident lawyers are here to assist you in obtaining the maximum amount of damages for your injuries and other losses. Reach out today by calling us at (833) 997-1774 or by filling out our easy online contact form to schedule your free case review. To better serve our clients, our offices are in Virginia Beach, Norfolk, Portsmouth, and Hampton.
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