Types of Evidence that Determine Compensation After a Truck Accident
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Unlike other auto collisions, truck accidents can be catastrophic since the massive size and design can cause more damage. Truck accident survivors may be unable to work due to severe injuries. However, you can get financial compensation to help you get back on your feet and recover from emotional setbacks. Compensation decisions are based on proof of liability and damages. Here are some types of evidence you should prioritize.
Vehicle Inspection Report
Truckers must adhere to various laws and regulations that ensure safety inspections and vehicle maintenance. However, some may skip necessary inspections and operate unsafe vehicles prone to accidents.
The drivers maintain a driver vehicle inspection report (DVIR) as proof of compliance. The report covers various motor vehicle parts and accessories vital for an optimum functioning truck. The law restricts drivers from operating a truck unless all the items listed in the report work perfectly.
If the inspection shows defective parts, it’s a plausible basis to hold the trucking company responsible. In addition, consider any third-party equipment on the truck since some accessories make vehicles more likely to cause severe accidents. If faulty equipment caused the accident, you can hold the manufacturer responsible for your losses.
Expert Witness Reports
Typically, experts can be quite instrumental in helping juries or magistrates determine specific issues in a case. Prosecutors require sufficient knowledge and understanding of the evidence to challenge claims. Experts furnish the court with information or opinion likely to be outside a layman’s knowledge, but necessary to establish causation and damages.
The core responsibility of an expert witness is to provide an overriding and unbiased objective on matters within their domain. However, the law requires experts to disclose anything that may undermine their credibility. This means an expert can only testify on issues within their professional realm of expertise, since belief and opinion are inadmissible in court.
Once you establish liability, it’s time to analyze your damages’ economic and non-economic value. The expert witness uses your primary care provider to establish the impacts of the accident on your physical and mental health. It’s difficult to attach economic value to some damages due to their non-financial nature. However, an expert witness can analyze your physical condition, education, and employment to determine potential impacts on your working ability.
Information of the Trucking Company and Driver
Most people overestimate their ability to multitask and try to control a heavy truck while having a conversation. Phone evidence can help establish negligence and boost the chances of fair compensation.
While assessing this data can be challenging, an experienced accident lawyer from Garland, Samuel & Loeb can help you navigate the process. In addition, your lawyers can investigate the trucking company’s working conditions and history. If the supervisors overwork drivers or ignore state regulations, they could be liable.
Endnote
The claim process for truck accident cases can be complex, since they involve multiple parties. Nevertheless, most cases are settled before trial and don’t last the entire litigation process outlined in the law.