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Evidence in a Truck Accident Lawsuit

Due to the massive size of tractor-trailers and other commercial trucks, the injuries sustained by victims of truck accidents are often catastrophic ones. These injuries lead to high medical expenses and long-term or permanent loss of income, as well as the expenses to make their home handicapped accessible and the need for home health care aides and other professionals. Because of these astronomical expenses associated with these injuries, truck accident claims or lawsuits can lead to financial awards of very substantial amounts.

 

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This is one reason why these cases are so complex and require the legal expertise of a Virginia truck accident attorney. The insurance company and attorneys for the truck company and other at-fault parties will fight hard to win, so truck accident cases require solid evidence which will prove their liability.

Negligence

In order to prove negligence, a truck accident attorney will need to prove that the party behaved in a negligent way that resulted in the crash. Some of the more common types of negligent acts that our truck accident attorneys commonly see include driver error, negligent hiring or supervision of truck drivers, failure to maintain the vehicle, and more. Some of the evidence an attorney can use to assist in proving this include:

  • Police reports of the accident
  • Any citations issued by the police against the truck driver
  • Results from blood alcohol test of the truck driver
  • Truck driver logbooks
  • Truck driver personnel file and driving record
  • Maintenance records for the vehicle involved in the crash
  • Information from any camera or data recorder in the truck
  • Witness testimony

Depending on the circumstances of the crash, there may be a reconstruction expert retained to analyze the crash site and determine what the cause of the crash was.

Losses

Once the evidence to prove negligence has been obtained, then a truck accident attorney will next need to prove what the victim’s losses are. In addition to the medical expenses and loss of income, the attorney will also need to prove what the victim’s future financial losses will be. The attorney will also determine other types of losses which do not have a financial amount attached to them like medical bills and lost wages do. These losses include pain and suffering, emotional anguish, and permanent disability. Evidence which an attorney can use to prove these losses include:

  • All medical records and medical bills.
  • Statement from the employer regarding the amount of wages and benefits the victim did not earn because they were unable to work.
  • Testimony from doctors and other medical professionals explaining what the victim’s future medical treatments will be and how much those treatments will cost.
  • Diaries, journals, or notes that the victim kept which would indicate what their emotional and physical condition was during recovery.
  • Psychological evaluations from mental health professionals detailing any emotional issues the victim has suffered as a result of the accident.
  • Testimony from the victim, their family, friends, and doctors explaining how the accident and injury have affected the victim’s life.

Contact a Virginia Truck Accident Attorney

If you have been injured in any type of truck accident, contact a Virginia truck accident attorney to discuss what legal recourse you may have. Truck accident cases can be complex and it is not uncommon for there to be multiple at-fault parties who are responsible for the payment of financial damages you may be entitled to for your injuries. Our personal injury firm has successfully represented many injured victims and their families and we are happy to meet with you and offer legal guidance on what the best options may be for your circumstances.

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia