The Importance Of Records In Trucking Accident Cases

When a truck gets into an accident, victims and attorneys want to hold the responsible parties accountable. Lawyers often look at a company's logs and records to help figure out who the liable parties are and how the accident happened. Especially if the other side doesn't want to settle the case, a truck accident injury attorney may use the records to apply pressure and encourage a settlement. Here is what a truck accident lawyer might learn by digging into logs.

Liability

Records often reveal liability issues. A lawyer will look for potential issues with the safety systems on the truck. If there was a recall due to problems with a brake system, a truck accident attorney will want to learn if the operator took the vehicle to a garage that could correct the problem.

Likewise, an attorney will want to know when the systems were last checked for performance, general repair needs, and standard maintenance. Suppose the rig operated without a working horn. That fact might explain why people around the truck didn't respond in the seconds before the accident.

Contracting companies maintain records of when they loaded and unloaded trailers. These records may show that the company was responsible for the accident, even if the vehicle belonged to an independent operator. If the loading crew didn't safely stack the goods, the vehicle could have become uncontrollable during braking.

Identifying Potential Witnesses

Another reason that a truck accident lawyer looks at logs and records is to find the people who saw the accident happen or the run-up to the incident. If the records show that a vehicle supposedly spent 8 hours in a rest area, an attorney can ask people who were nearby if they saw the rig or the driver. If the logged information doesn't match witness testimony, this could indicate the operator had violated rest rules.

The Hiring Process and Drug Testing

Records also show how the company hires its drivers and if they did background checks and drug tests. If a company didn't conduct a thorough background check on a driver who had previous incidents, your truck accident lawyer will want to know. If a company didn't order drug and alcohol tests or keep records of tests, a car wreck lawyer will wonder if the operator was driving impaired.

Demand Package

A truck accident lawyer will initiate the claims process by sending a demand package to the defendant and their insurance company. They may include copies of the logs to demonstrate how the company or operator was liable for what happened.


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