How Do You Present Evidence In a Truck Accident Claim?

When a large tractor trailer or another type of commercial truck collides with a smaller passenger vehicle, the potential for severe or even catastrophic injuries is substantial. Many truck accident victims require hospitalization and extensive medical treatment, which can be costly. In addition, many recovering victims are unable to work, therefore losing income and benefits as they face their medical expenses. Some truck accident victims suffer permanent disabilities and can never return to regular life.

Because of all of the serious losses that may be at issue in a truck accident, many injured victims have the right to seek substantial compensation by filing a claim for personal injury. However, simply filing a claim is not enough to automatically recover. Instead, a victim has to identify, gather, and present evidence to prove their claims. Furthermore, this evidence must be qualified and submitted under the Florida Rules of Evidence.[1] If the jury believes that the evidence sufficiently proves the truck accident claims, they will award the victim recovery. Additionally, if the opposing party recognizes that the victim has strong evidence, they may agree to reach a favorable settlement agreement prior to trial. An experienced Clearwater truck accident lawyer can help victims present the following types of evidence to prove their claims.

Proving your negligence claim

In order to hold someone liable for your injuries, you must prove that their negligence caused or contributed to causing the accident. Truck drivers and trucking companies can act negligently in many different ways and the specific evidence needed will depend closely on the type of negligence that led to the collision. Some examples of evidence that can be used to prove negligence can include as follows:

  • Testimony from eyewitnesses to the accident;
  • Citations from law enforcement regarding speeding, driving under the influence, or other violations of law;
  • Police reports;
  • Results of a Breathalyzer test or blood test demonstrating an unlawful blood alcohol content (BAC);
  • Logbooks indicating a violation of hours of service regulations;[2]
  • Maintenance or inspections reports and records.

Proving your damages

After you prove that negligence on the part of the truck driver or company caused your accident, you must also demonstrate that the damages you seek are all warranted based on your injury-related losses. There are many different types of damages, including medical costs, lost wages and benefits, emotional distress, physical pain and suffering, impairments and disabilities, and more.

  • Bills for medical treatment;
  • Time sheets showing missed work;
  • Testimony from your doctor or another medical professional about your necessary treatments;
  • Testimony from occupational experts regarding your physical and mental abilities to work;
  • Testimony from financial experts regarding the amount of income, retirement investments, and other benefits you may miss;
  • Your own testimony regarding your amount of pain and suffering.

The type of evidence you need will differ for financial losses versus intangible losses, as well as past versus future losses. For example, to prove losses you already incurred, you may simply need to present your bills or paycheck stubs to demonstrate the concrete amount you have lost. Proving the amount you deserve for future losses may be more difficult, however, and may require estimations and analysis by economic and medical experts. An attorney can help identify if you need extra help from experts in your case.

Find out how an experienced Clearwater truck accident attorney can assist you

At the Dolman Law Group in Clearwater, Florida, our team of highly skilled truck accident lawyers has successfully helped many truck accident victims obtain the recovery they deserve for their injuries and related losses. We have significant resources at our disposal to use in gathering the evidence needed to fully and adequately prove all of your claims in your truck accident case.

The trucking company will likely mount an aggressive defense to challenge fault and/or the nature and severity of your injuries in order to limit its liability as much as possible. To protect your rights to recovery, it is critical to have an experienced truck accident attorney handling your case who knows how to present evidence that can stand up to the trucking company’s defense tactics. Please call our office at 727-451-6900 today.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/truck-accident-attorneys/

References:

[1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%2090
[2] https://www.fmcsa.dot.gov/regulations/hours-of-service

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