Preservation of Truck Accident Evidence

Image from Davis Saperstein & Salomon, P.C. video of Marc Saperstein talking about investigating a New Jersey truck accident The aftermath of a truck accident can be overwhelming. Lights and sirens are everywhere. You may be in pain or shock. Your whole world has been changed in an instant.

This is the hardest time to think about a filing a lawsuit against the driver. Unfortunately, it is also the most important time!

Because of the complexities involved in any accident, it is important to preserve evidence and begin documenting the crash scene as soon as possible.

In fact, certain reputable trucking outfits like Swift have their lawyer on call 24/7 to be dispatched to investigate and preserve accident scene evidence and to give representation to the driver or operator of the truck.

Here’s what you need to know about the types of evidence involved in truck accidents and preserving them.

What Type of Evidence Needs to be Preserved in a Truck Accident?

Collecting and saving evidence can include the following types of documentation and information.

Files maintained by the trucking company:

  • Business records
  • Pay records
  • Driver call-in logs
  • Phone records
  • Trip-monitoring documents
  • Dispatching records
  • Bills of lading
  • Records of communication with the driver
  • Driver’s daily inspection reports
  • Driver’s daily logs and all supporting documents
  • Other documents that are produced in the routine course of business.

Maintenance records:

  • All maintenance records for vehicles subject to the company’s control
  • All inspection records
  • Inspector- and brake mechanic-training certifications.

Insurance information:

  • Copies of any insurance policies
  • Names of insured persons
  • Names of policies
  • Excess insurance policies
  • Any policy or coverage defenses the company would consider bringing up.

Device records:

  • Satellite-tracking system records.
  • Electronic Logging Devices (ELDs).
  • Event Data Recorders (EDRs).
  • On-board recording and GPS records.

Accident records:

  • Any documents, records, notes, or statements used in completing the accident report or accident register
  • Copies of the accident register and any accident reports
  • Black box or recorder data
  • Motor Carrier Identification report
  • Any statements taken in relation to the accident
  • International Fuel Tax Agreement report
  • Recent vehicle weighing records
  • “Out-of-Service” reports
  • Any records received or produced in relation to federal or state inspections.

Files relating to the driver:

  • Hiring records
  • Job application documents
  • Background records
  • Character records
  • Training records
  • Testing information
  • Employee records
  • Annual reviews of driver’s record
  • Records of other driver reviews
  • Injury and accident reports
  • Reports of property damage
  • Commercial Driver’s License (CDL) records (including records related to 49 CFR §383)
  • Records of compliance with the Federal Motor Carrier Safety Regulations (49 CFR §391)
  • Substance- and alcohol-testing records (including tests conducted under 49 CFR §382).

Help Yourself: Here’s the Evidence You Can Collect to Help Your Case

We understand the aftermath of an accident is a difficult time. However, if you can collect evidence it will help you and your chosen lawyers build a case against the truck driver responsible. If you’re wondering what type of things you should note and save, here’s a list:

At the Scene of the Accident

  • Photos and Videos: Take pictures and videos of everything from multiple angles, including:
    • Damage to all vehicles involved.
    • Skid marks, debris on the road, and property damage.
    • Road signs, traffic signals, and overall road conditions.
    • The weather at the time of the crash.
  • Truck and Driver Information: Collect essential details from the truck driver:
    • Driver’s name, contact info, and driver’s license number.
    • Trucking company’s name and contact information.
    • Insurance information for the driver and the trucking company.
    • The truck’s license plate number.
  • Witness Information: Get the name, phone number, and email address of anyone who saw the accident happen.
  • Police Report: When you call the police, make sure to get the officer’s name, badge number, and the police report number before you leave the scene.

Documenting Injuries and Losses

  • Keep All Medical Records: Create a file for every document related to your treatment, such as:
    • Hospital discharge papers and doctor’s notes.
    • Diagnoses and treatment plans.
    • Bills and receipts for all medical care, prescriptions, and medical devices.
  • Maintain a Pain and Recovery Journal: On a daily basis, write down:
    • Your pain levels and physical symptoms.
    • How your injuries affect your ability to work, do chores, and enjoy hobbies.
    • Your emotional state and any mental anguish you’re experiencing.
  • Track Financial Losses: Keep records of lost wages, out-of-pocket expenses, and any other costs you’ve incurred because of the accident.

Ideally, you should never need to use this information. In case an accident occurs, this can help you file a strong suit against the negligent driver.

Our Lawyers Work to Preserve Evidence in New Jersey and New York Truck Accident Cases

Each state has different laws requiring different records to be kept and shared in case of an accident. The truck accident lawyers at Davis, Saperstein & Salomon, P.C., will work to preserve any evidence that can help your case. The sooner you call a lawyer, the easier it will be to preserve this evidence. Call today at 1-800-LAW-2000 or use our online form to arrange a free initial consultation.