Proving Truck Driver Negligence

Posted On November 8, 2023 / By Manning Law / Truck Accidents

If you or someone you love was injured in a truck accident in Colorado, you may be required to prove that the truck driver was at fault before you can recover compensation. Establishing that a truck driver was negligent, or failed to adhere to the required standard of care, is necessary to prove liability. You may need a truck accident lawyer in Denver to help you with this legal task.

Preserve Evidence at the Scene 

If you are able to do so, it can help your injury claim to preserve evidence while you are still at the scene of the truck accident. Trucking companies often send rapid response teams to the site of a truck accident immediately upon being notified of the collision. These teams may collect evidence before the police and other investigators even arrive. Collect your own evidence by taking photographs at the scene and speaking to eyewitnesses (or having someone do so for you).

Report the Crash to the Police 

Always report a truck accident to local law enforcement. Commercial truck accidents are serious enough to warrant a police report. The police can investigate the crash, speak to the truck driver and witnesses, collect evidence, and write a police report. The police may also issue a citation against the truck driver for breaking a traffic law, such as speeding, reckless driving or substance abuse. This will go on the record and may be used to prove truck driver negligence.

Obtain the Truck’s Black Box

A black box is an electronic data recorder that is present on most commercial big rigs. It collects real-time travel and engine data from the truck. Obtaining the black box can provide a record of how the truck was performing and the actions of the truck driver leading up to the accident. This electronic information may provide evidence of truck driver negligence, such as speeding or improper braking.

Use Trucking Company Records

Signs of truck driver negligence may be found in the trucking company’s records. The truck driver may have been involved in previous accidents, for example, or faced demerits for past mistakes. A truck accident attorney can help you collect relevant records and documents from the trucking company to support your case, such as the truck driver’s medical and driving records, cell phone records, employment history, and compliance with federal laws. The trucking company may also provide important records regarding the maintenance of the truck.

Evaluate Legal Compliance

Commercial truck drivers must adhere to many federal safety laws, rules and regulations. For example, there is an hours-of-service law in place that restricts the number of hours a truck driver can operate a big rig without taking a break. Violating federal law could be proof of truck driver negligence in a truck accident claim. An attorney can help you evaluate the truck driver and trucking company’s history of compliance with industry laws to search for evidence of fault.

Hire a Truck Accident Lawyer 

Proof of negligence must be established based on a preponderance of the evidence in a truck accident case, meaning that the defendant’s negligence is more likely to be true than not true. Hiring a Denver personal injury lawyer to represent you can make meeting the burden of proof easier. Your lawyer will investigate the crash and collect evidence to build a case against the truck driver or trucking company on your behalf. Contact a truck accident attorney at Manning Law for more information about how we can help you with a claim.