·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

How to Prove Negligence in an 18-Wheeler Truck Accident

— July 27, 2022

It helps to have the witness statements of anyone who saw or was involved in the truck accident.

When you are involved in an 18-wheeler truck accident, your first instinct may be to seek justice. Negligence is the assumption that another person owes you a duty of care and that failure to meet this duty caused the injury or accident. Unfortunately, proving negligence can be complicated.

You will need to prove that the other driver breached their duty of care and that this breach was the direct cause of your injuries and not just a contributing factor. It can be difficult to pinpoint which of the driver’s actions were negligent without knowing all the details of a case. This article discusses various ways of proving the negligence of a truck accident.

Take Photos of the Accident Scene

Photographs are an excellent way to document the crash scene. If the truck was involved in a severe accident involving injury or loss of life, you should take photos of the scene. You will want to document physical evidence, such as tire marks, skid marks, and debris.

Furthermore, photograph the damage to the truck. An 18-wheeler accident can result in a lot of damage to the vehicle, which can be easy to document. Photograph the extent of damage and take pictures of any visible damage to the car and its components, such as tires, wiring, mirrors, and lights.

Photograph any injuries sustained by people involved in the 18-wheeler truck accident. The driver responsible for causing the crash should not escape liability due to insufficient evidence. Hand over all the evidence you gathered to your attorney; they will know how to best use it to build a strong claim.

Get Medical Records for Yourself and Other People Involved in the Truck Accident

Medical records can be valuable if you have been injured in a truck crash. You can use these records to prove that your injuries were caused by another person’s negligent act.

Even if you feel fine after the collision, it is vital to seek medical care. Not all injuries will be immediately apparent. Whiplash, for example, may take several days to manifest. An early diagnosis and targeted treatment plan will help you recover faster.

Whiplash injury; image by Bruce Blaus, CC BY-SA 4.0, via Wikimedia Commons.
Whiplash injury; image by Bruce Blaus, CC BY-SA 4.0, via Wikimedia Commons.

If a long time passes since the accident, evidence will devalue. For this reason, you must collect proof as soon as possible after the accident. Hand these over to a legal expert so they may include them in your claim.

Take Statements from People Who Witnessed the 18-Wheeler Crash

It helps to have the witness statements of anyone who saw or was involved in the truck accident. You should also have their personal information (such as an address, phone number, and email address). Make copies of these statements for yourselves to have backups in case anything happens to the originals.

Witnesses may be able to provide evidence of truck driver negligence. For example, if they saw the truck speed through a red light and cause an accident, it may help prove that the driver was negligent.

You should get their statements even if you are not injured since this could help you claim other types of damage (including property damage if your vehicle was wrecked). After reviewing the case, your attorney can identify all the different types of damages you may claim.

You can get witnesses to sign affidavits stating that there were other drivers committing traffic violations at the time of the accident. You can use these affidavits as evidence in a trial for negligence if you decide to file a claim against the other driver’s insurance company or trucking company for damages.

Consult a Truck Accident Lawyer for Legal Advice

If you have been involved in an 18-wheeler crash, you must consult a qualified truck accident attorney. These lawyers are experienced in large vehicle collisions and know how to protect your rights. Furthermore, an attorney will also help you receive the compensation you deserve. The sooner after the accident you contact a legal expert, the better.

Join the conversation!