Truck Accident Compensation
I’m Ed Smith, an El Dorado Hills truck accident lawyer. Truck accidents can result in horrific injuries or wrongful death due to negligence by a trucker or his or her employer. Due to the nature of truck accidents, obtaining just compensation is not simple. Rather, it requires both legal acumen and superlative technical investigatory tools.
Reasons Truck Accidents Happen
Truck accidents happen for many reasons, such as:
- Driver error
- Defective truck parts
- Brake failure is the top reason for truck accidents, according to the Federal Motor Carrier Safety Administration
- Fix Auto USA reports that worn or defective tires are a leading cause of crashes.
- Trucker error
- Harsh schedules
- Driver fatigue as reported by the National Sleep Foundation
- Failure to maintain the truck
- Not following loading rules
In light of this, it is important to use investigative techniques to determine what caused the accident. In addition, there may be multiple reasons. Putting together evidence to prove who or what was at fault is important in terms of collecting damages.
As soon as possible after the accident, it is necessary to preserve accident site evidence. It is crucial that this is done quickly before necessary evidence disappears.
- Pictures of the accident site, including the position of the vehicles involved and damage
- Interviewing witnesses to the accident or injuries
- Pavement marks such as skid, yaw and flat tire marks
- Road conditions
Since much of this evidence disappears quickly after an accident cleanup, it is important to have a legal representative on site. Since truck accidents can be costly to the insurance company, attorneys for the insurer will be there.
It is crucial that statements from witnesses be accumulated quickly. Not only will witnesses disappear after the accident, but memory fades and details might be lost. Having an attorney on site will help by making sure the witness account of what happened is complete. It will also make sure that witnesses can be contacted if further information is needed. In addition, law enforcement authorities who were on the scene of the accident should be interviewed.
Spoliation of Evidence Letter
In the event that an attorney is not able to visit the accident scene immediately after an accident, another mode of preservation can be used. This is called a spoliation of evidence letter or simply spoliation letter. In this letter an attorney sends notice to the defendant not to alter, destroy or tamper with evidence. Such evidentiary items might also include pictures, computer data or trucker logs. Alteration or tampering can be done with intent or not. However, the defendant might be charged with contempt of court and fined if it is done maliciously.
Related Articles by El Dorado Hills Truck Accident Lawyer, Ed Smith
Experienced Truck Accident Lawyer in El Dorado Hills
I’m Ed Smith, an El Dorado Hills truck accident lawyer. An experienced injury attorney can help when you or a loved one has been injured by a negligent truck driver or company. Call (916) 921-6400 or at my toll-free number (800) 404-5400 for my friendly advice free of charge.
For 35 years, I have represented injured Northern Californians, including those in El Dorado Hills, receive fair compensation for truck and car accidents, motorcycle accidents and wrongful death cases. In addition to traumatic injuries such as brain injuries, I handle many other types of personal injuries.
As a Million Dollars Advocates member, I belong to a nationwide group of trial attorneys with at least one million dollar verdicts or settlements for clients.
Reviews of my law firm and additional information are found at:
Feel free to browse on my website, autoaccident.com, where information on all types of personal injuries can be found.
Photo Attribution: https://pixabay.com/en/autobahn-accident-germany-car-road-
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