Trucking cases differ significantly from traditional car accident cases.
Part of this is due to the complexity and severity often involved.
These crashes typically result in more substantial damages and intricate legal issues, making gathering strong evidence essential.
Proper evidence can clarify the circumstances surrounding the accident and play a critical role in identifying liable parties and establishing the extent of damages.
Consulting experienced truck accident attorneys can help preserve evidence and take prompt action to strengthen your claim.
Getting Evidence Quickly & Thoroughly
Experienced trucking lawyers get to work quickly, ensuring that crucial evidence is effectively preserved immediately following a crash.
Evidence is the cornerstone of establishing the actual root causes of a crash.
The types of evidence collected can significantly influence the outcome of a case.
Evidence such as a truck’s black box data, dash camera footage, cell phone data extraction, fleet management software data, roadway markings, driver qualification files, electronic logs, roadside inspection history, DVIR’s, driver medical history, load securement details, bills of lading, and other trip records are all vital towards putting together the whole story.
This may seem like overkill, but it’s not. It’s vital.
Commercial drivers should hardly ever be in a crash.
Between the regulations governing them and the motor carriers under whose DOT authority they operate, the crash avoidance technology in modern commercial vehicles, and the experience a professional driver accumulates on the roads, multiple things tend to go wrong for a driver to be in a preventable crash.
When our firm works with experts to reconstruct the crash and identify the real causes, there are several things we are looking for in terms of potential catalysts:
Distraction
Medical Complications
Loaded Vehicle Weight
Following Distance
Vision
Mirror Placement
Unsafe Driving Tactics and Maneuvers
Putting the Puzzle Together
We must gather several pieces of evidence to determine whether one or more of the reasons above, or perhaps something else, caused or contributed to the crash.
The trucking company will maintain some of this evidence, while the rest will be with a third-party custodian.
As such, it is typically best practice to immediately send out litigation hold letters and promptly bring the case to court.
This differs from most car accident cases, where it is often advisable to try to settle the case without a lawsuit.
Getting the case into litigation and discovery will provide your lawyer with subpoena power to obtain the necessary records from custodians of various records, such as fleet management data, law enforcement investigative records, driver medical exams, cell phone records, and the driver’s employment files from prior employers.
Tip: Many law firms and victims overlook the importance of body camera footage from the crash scene.
This footage has been critical for us in cases to discern the demeanor of the truck driver, the actions of our own client, and, in many situations, the condition of the inside of the truck cab, allowing us to compare it with the cab’s condition at the time of our inspection.
Through the body camera and 911 call logs (CAD reports), we’ve also identified additional witnesses who weren’t in the crash report.
Consider obtaining these via subpoena.
Being in litigation will also allow you to send discovery requests to the trucking company and driver for records such as the load and run records, the driver qualification file, the electronic log records, and any records of the involved truck’s maintenance and inspection history.
Below are some more of the most critical pieces of evidence we obtain in these cases:
Driver’s Logs (ELD Data) and Hours of Service Records
Federal regulations limit truck drivers’ hours of service to prevent accidents caused by fatigue.
ELDs automatically record a truck’s driving time and movement, providing an accurate account of the driver’s activities.
This data can show whether the driver adhered to FMCSR’s regarding rest periods and driving hours.
Reviewing the driver’s log can indicate whether there were violations, such as exceeding the legal driving hours.
Dash Cameras
Many large motor carriers and commercial fleets have adopted two-way (dual-facing) dash cameras to enhance safety, provide real-time driver coaching, and protect against liability.
These systems typically record the road ahead and the driver inside the cab, offering comprehensive visibility for fleet managers.
While specific carrier names are often not publicly disclosed for privacy and competitive reasons, several of the largest and most widely used dash camera providers serve major U.S. and international trucking fleets.
These include:
Lytx
Lytx is a leading dual-facing dash cam and video telematics provider, with a significant share of the North American commercial trucking market.
Their systems are widely used by large carriers, including many in the Top 100 For-Hire Carriers list, to monitor both road and driver behavior for safety and claims protection.
Motive (formerly KeepTruckin)
Motive’s AI-powered dash cams are deployed across thousands of fleets, including large national and regional carriers. Their dual-facing cameras provide real-time alerts, automated driver coaching, and privacy controls, making them a popular choice for enterprise.
Netradyne
Netradyne’s Driver—i dual dash cam systems are used by numerous large fleets.
They offer both road and driver-facing views, advanced AI detection, and customizable camera setups. Their technology is recognized for comprehensive risk detection and coaching.
Geotab
Geotab offers advanced dual-facing dash cams fully integrated with its telematics platform. It serves a broad range of commercial fleets, including large motor carriers. Its solutions provide real-time feedback, incident recording, and driver performance analytics.
SureCam
SureCam’s dual-facing cameras are tailored for commercial fleets, offering real-time insights and video evidence for large carriers in various industries, including trucking, utilities, and logistics.
EquipmentShare
EquipmentShare’s T3 Dash Cam is a durable, two-way camera system large fleets use for high-definition recording and real-time driver safety alerts.
Dual-facing dash cams have become the norm in the trucking industry, especially among large, safety-focused carriers.
These systems are now essential for fleet safety, insurance claims, and driver coaching.
| Provider | Key Features | Used By Large Carriers? |
|---|---|---|
| Lytx | Dual-facing, AI, 360° view, coaching | Yes |
| Motive | Dual-facing, AI, privacy controls | Yes |
| Netradyne | Dual-facing, multi-angle, AI alerts | Yes |
| Geotab | Dual-facing, telematics integration | Yes |
| SureCam | Dual-facing, real-time insights | Yes |
| EquipmentShare | Dual-facing, rugged, real-time alerts | Yes |
Surveillance Footage
One of Sam’s core philosophies is to refrain from running in circles when a straight-line route is available.
After all crashes, especially semi-truck crashes, it is critical to search for surveillance footage of the crash.
Many motor carriers now install dash cameras in the truck cabs, some of which have two-way recording.
After a crash, it is imperative to ensure that these cameras and recordings are immediately preserved and that the footage and all data is backed up.
Tools like Roadproof allow for access to the state DOT traffic camera database.
Truck Maintenance and Inspection Records
Regular maintenance is crucial in preventing mechanical failures in trucks.
Maintenance logs can reveal if a trucking company neglected to keep a vehicle in good condition, which can contribute to an accident.
Black Box or Event Data Recorder (EDR) Information
A truck’s black box records critical data such as speed, braking patterns, and engine status before, during, and after a crash.
Driver Qualification File and Employment Records
Obtaining the truck driver’s employment history and qualifications is crucial, as investigating the truck driver’s background and behavior can establish liability in truck accident cases.
This can reveal issues such as inadequate training, licensing problems, or a history of reckless driving.
If the driver was unqualified or had a problematic history, the trucking company may be liable for negligent hiring practices.
Cargo and Load Information
Understanding what the truck was carrying and how it was loaded is vital.
Improperly loaded or overweight trucks can cause accidents, especially if cargo shifts during transit.
Eyewitness Testimony
In truck accident cases, statements from people who saw the event unfold can offer information to support your version of the incident.
These witnesses may provide details you didn’t notice yourself, such as traffic signals or signs of erratic driving.
Accident Scene Photos and Video Evidence
Visual documentation captured through photos or videos right after the truck accident can be very helpful for your case.
This evidence helps to form accurate recreations of the crash scene, showing vehicle positions, road conditions, weather at that time, and damage to the vehicles involved.
Taking prompt action to preserve evidence through visual documentation is crucial in strengthening your case..
Expert Testimony
Expert witnesses bring specialized knowledge that can highlight complex aspects of a truck accident case.
For example, accident reconstruction experts analyze the crash scene to recreate what happened and determine causation, while medical professionals offer insight into your injuries and prognosis.
Physical Evidence from the Accident Scene
Physical evidence from the accident scene is crucial in building a substantial truck accident claim.
This evidence can provide tangible proof of the events leading up to and following the accident. Key physical evidence includes:
Skid Marks and Tire Tracks
These can indicate the vehicles’ speed and actions.
Vehicle Damage and Debris
The extent and location of damage can help determine the point of impact and the collision’s severity.
Road Signs and Markings
These can provide context about traffic control measures and road conditions.
Weather Conditions and Lighting
Documenting the weather and lighting during the accident can help establish visibility and road conditions.
Other Relevant Physical Evidence
Any other physical elements that may have contributed to the accident, such as road hazards or obstructions.
Electronic Data and Phone Records
Electronic data and phone records can be invaluable in a truck accident claim.
This type of evidence can provide detailed insights into the events leading up to the accident.
Key electronic data includes:
Electronic Logging Device (ELD) Data
ELDs record a truck’s driving time and movement, providing an accurate account of the driver’s activities.
Event Data Recorder (EDR) Data
EDRs capture critical information such as speed, braking patterns, and engine status before, during, and after a crash.
Cell Phone Records and Text Messages
These can reveal whether the truck driver was distracted by phone use during the accident.
GPS Data and Location Information
GPS data can track the truck’s route and location, helping to establish the timing and location of the accident.
Social Media
Social media can be a double-edged sword in a truck accident case.
While it can be useful for gathering evidence and building a case, it can also be used against you by the opposing party.
To protect your case, it is essential to:
Avoid Posting About the Accident or Injuries
Refrain from sharing details about the accident or your injuries on social media. Such posts can be used to undermine your claim.
Set Social Media Accounts to Private
Limit who can see your posts by setting your accounts to private. This helps control the information that is publicly accessible.
Avoid Discussing the Accident or Case
Do not discuss the accident or your case with anyone on social media. Even seemingly innocent comments can be taken out of context.
Be Cautious When Sharing Information or Photos
Be mindful of the information and photos you share online, as they can be used to challenge your claim.
Working with an experienced truck accident attorney who can help you navigate the complexities of social media and its impact on your case is also essential.
A skilled attorney can guide you in managing your online presence and ensure your rights are protected throughout the legal process.
Let Sam Aguiar Get the Evidence Now
Due to the rapidly evolving dynamics right after a truck crash, it’s critical to get a lawyer on your side asap.
Sam and his trucking team have spent years mastering the regulations governing trucking and responding before evidence gets lost or destroyed rapidly.
The team will ensure the critical evidence, such as black box data, is promptly acquired and preserved, giving you the best chance at receiving the compensation you deserve.
If you’ve been injured in an accident caused by a truck driver, let us get to work for you.
Contact us today at 502-888-8888 or 859-888-8000 to get started.
