How to Prove a Trucking Crash Case: Albuquerque 18 Wheeler Wreck Lawyer Explains Liability


September 25, 2017

 by Caruso Law Offices, P.C. | 

Proving a Trucking Crash Case Takes Strong Evidence and a Good Attorney: Learn What Evidence is Used to Help Win Your Case from an Albuquerque 18 Wheeler Crash Lawyer

Evidence is the way that you prove any claim in court.  Even the strongest of cases require evidence to support your claim.  That is because our judicial system is an adversarial system, meaning two sides go against each other to prosecute or defend a claim.  To do this, our system only allows certain evidence to prove or disapprove a case.  This is a very complicated process, as only certain evidence is admissible.  There are entire classes in law school which just deal with evidence, some courses are even a year long and they still will not review all of the applicable evidence rules, types, of methods.

In general, evidence can take several different forms.  This includes the testimony of a witness who saw a trucking accident and is providing what he or she observed.  Or the testimony of an expert witness who takes the facts and applies accepted science or other principles to prove or disprove a claim.  Other evidence can be photographs that fairly and accurately depict the scene, or medical records of a victim.  Actual objects from the crash scene can also be evidence, for instance something such as a wheel or damage brake system.

In trucking accident cases there are even more types of accident which might be used to help prove a case to win as an injured plaintiff.  This includes a wide range of different mediums, including purely electronic information.

18 Wheeler Crash Evidence to be Used Against the Truck Driver

Evidence can be used to hold a truck driver liable for an Albuquerque trucking crash.  All truck drivers require a CDL license.  This is a very involved application process which requires written tests and road tests, as well as background checks and other evaluations.  This results in a “file” of the driver, which can be used to determine what problems he or she has had operating a truck.  Previous crashes or accidents may also be in the file and can be used to look for a pattern of mistakes.

Truck drivers are also required to keep hours of service documentation.  This is also known as a logbook, which includes all of the time that a driver has been driving or resting.  There are certain federal regulations which govern how long a truck driver can consecutively drive.  Using this logbook could be helpful to determine if the truck driver has had adequate rest, or if fatigue may have caused the subject crash.

Also under federal regulations, where there are serious or fatal injuries in a trucking crash the truck driver must go through drug and alcohol screening.  This can also be used to determine whether these factors contributed to the subject crash.

Evidence from Trucking Crashes Against the Truck Driver and on the Vehicle

Holding a trucking company liable for a New Mexico trucking crash can be done through evidence as well.  Not only does a truck driver need to keep a logbook of his or her hours of operation, but on board computers for a truck now record when the vehicle is in operation or at rest.  This can be used to determine whether or not the truck driver is violating the hours of service rules.  If the truck driver is lying, it can be a huge credibility issue to help prove your case.

The on-board computers also keep many other data that is important to support a claim.  This comes from the ECM, or engine control module, which records how fast the truck is moving, what direct, what lights or signals were on, whether the driver was accelerating or braking, and many other vital statistics.  These statistics are perfect to prove your trucking accident case.

All trucks also must maintain a maintenance and inspection history documentation.  This can show what has been repaired—or what has been neglected—and when and who performed the checks or maintenance.  This allows victims to point to other factors, such as the defective nature of the truck, to help prove a claim.

Evidence in 18 Wheeler Wrecks Can be Complicated: Call an Albuquerque Trucking Crash Attorney to Learn How to Win Your Case

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 308-1556 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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