Truck accidents are among the most devastating types of accidents that a person could be involved in. However, if the trucking company is found to be at fault, a personal injury claim can result in a rather considerable payout for the victim — or their family. Of course, no personal injury case can be settled until the facts of the accident come to light through an investigation. The investigation part of your auto accident lawsuit will look at all the key evidence and determine whether the trucking company was negligent in any way that caused the accident.
Below, this auto accident attorney in Lakeland, Florida is going to discuss some of the things you can do to assist with the investigation and help strengthen your case.
Send a letter of spoliation.
A letter of spoliation is a formal request to an insurance company or trucking company to preserve any evidence related to an accident. In the United States, trucking companies are legally required to keep detailed records on any truck and driver that are involved in an auto accident. Inspection reports, driver logs, photos of the accident site, and data from electronic logs or electronic on-board recorders (EOBRs) are some pieces of evidence that may be listed for preservation in your letter. If you would like help drafting this type of letter, an experienced auto accident attorney in Lakeland, Florida will be happy to assist you.
Get your hands on the driver’s log.
Some trucking companies in Florida may try to repair their truck as quickly as possible following an accident in attempt to protect themselves from liability. If that happens, you could lose important evidence that shows the company was negligent in making sure the truck’s maintenance standards were upheld. With that said, it’s important to review the driver’s log as soon as possible — after all, a failure to uphold maintenance standards is one of the primary ways to prove liability. Driver’s log can help you find out when the truck was last inspected and if a trucker complied with Florida Hours of Service (HoS) regulations. Cross-referencing those details with the EOBR data can reveal whether the driver’s logs have been tampered with. EOBR records can also indicate whether excessive speeding or equipment failure played a part in the accident. In any case, a reputable auto accident attorney in Lakeland, Florida can help you locate and preserve these records.
Take a closer look at the driver.
Reviewing the truck driver’s records can help you determine whether the driver was fully trained and qualified to drive a commercial vehicle. You can also see if they have a history of violating trucking regulations or even being involved in other auto accidents. By reviewing a truck driver’s medical records, you can also determine if they have any medical conditions that may have affected their driving abilities and led to an accident.
Other pieces of evidence that can help:
- Phone records can reveal whether driver distraction was a factor in the accident.
- Dashcam video, if available, can be used to show the events that took place. This evidence can be used in court by your Lakeland auto accident attorney.
- Accident reports prepared by officers arriving on the accident site should give you detailed information on the time of the accident, weather conditions, eyewitness identities and statements, and whether there was any [suspected] involvement of the driver being under the influence.
Looking for the Top-Rated Truck Accident Attorney in Lakeland, Florida?
If you or a loved one has been injured in a truck accident, do not hesitate to contact O’Toole Law Group to discuss your potential auto accident claim. As the top-rated truck accident attorneys in Lakeland, Florida, we are here to help our clients receive the compensation they deserve.
Contact us today at 863-533-5525 to learn how we can help.
