Evidence Needed to Prove Your Albuquerque Trucking Accident Case


October 1, 2016

 by Caruso Law Offices, P.C. | 

New Mexico Trials Require a lot of Evidence to Prove your Albuquerque Trucking Accident Case, Including Some Very Important Evidence

Unless you have been involved in a serious motor vehicle accident, you may not know what type of evidence is required to win such case at trial.  We all know that there is a lot of paperwork and documents needed, but most people do not recognize the vast amount of documents and the diversity of the documents.  This is important because, if you are ever involved in a serious motor vehicle accident, knowing what types of evidence may be available will help you help your attorney prepare and win your case.

When it comes to Albuquerque trucking accidents, there are some special types of evidence not necessarily available in the other types of motor vehicle cases which can be very helpful to your case.  This is why you need to retain an experienced Albuquerque trucking accident attorney to represent you and prove your case with these diverse types of evidence.  Here at the Mark Caruso, we have the trial experience, proven track record, and knowledgeable staff to acquire these types of evidence and present them in front of the jury.  We know how to hunt down these sources and force those holding the evidence to give us what we need to conduct a thorough investigation.  If you or a loved one have been injured in an Albuquerque trucking accident, let us fight for your rights by calling use for a FREE case evaluation by dialing (505) 407-0458.

Types of Evidence in All Motor Vehicle Accidents

There are many different types of evidence that are relevant and necessary to help prove your case.  The two most common types of evidence are the medical records demonstrating your personal injuries, and the police report or investigations.  Medical records can be from the treating providers after the accident, such as emergency department records and follow-up treatment with a specialists.  The police report and investigations can be very helpful, but sometimes not always available or completed.  Even if there is a police report, the document may be light on details.  What is really beneficial is when the police conduct an accident reconstruction or investigation as this is a free expert report for you to help prove your case.

Another very common type of evidence that most people do not realize is important is testimony.  Prior to your trial there will be depositions, or oral questions on the record, wherein the witnesses or parties will answer questions in front of a stenographer or court reporter.  The questions are asked by the opposing attorney or both attorneys.  The testimony is generally admissible at trial, particularly to box in witnesses or catch a witness in a lie.

Other testimonial evidence could come in the form of an expert.  This expert could be used to explain your injuries and future medical care, or to help explain the cause of the accident.  Expert testimony can also come in the form of an economist who can establish your lost wages and lost earnings.  Your Albuquerque trucking accident attorney may also decide that a life care planner is necessary, as this type of expert can explain what future medical needs the victim will have.

Some Evidence Unique to Trucking Accident Cases

Albuquerque trucking accident cases contain all of the evidence of other cases, but also some important additional information.  One of the most common and fought over types of evidence unique to trucking accident cases is the event data recorder, known as EDR, information.  This is a tiny chip within the truck’s computer system which keeps track of an astounding amount of information such as speed, brake use, amount of time driving, direction, whether the driver was accelerating, whether the truck was moving side-to-side, and many other types of information.  This data can be make-or-break and easily prove a case, such as where a truck driver falls asleep at the wheel and does not brake before impact.  The data is, however, easily destroyed—either intentionally or mistakenly.  It needs to be properly taken from the truck before it is erased forever.

Another common type of evidence unique to trucking accident cases is a driver’s logbook.  This keeps track of where the truck driver is coming from and going to, the time driving, and the time resting.  If a trucking accident occurs due to a fatigued or sleep deprived driver, the logbook can be used to demonstrate violations of the federal regulations requiring a certain amount of sleep per a fixed amount of driving.

Know These Types of Evidence in Your Albuquerque Trucking Accident to Help Win Your Case!

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced trucking accident attorneys at the Mark Caruso today by dialing (505) 407-0458.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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