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Truck Accidents and Preserving Evidence

Evidence involving a truck accident.

Almost from the moment a semi-truck accident occurs, the process of collecting evidence also begins. Law enforcement and accident reconstructionists collect accounts from eyewitnesses, video footage from any cameras in the area, and other available data in any format. Some of the most important data comes from the accident scene and the vehicles. Black box or onboard computers for both big rigs and passenger cars can give important information regarding speed and braking activity before and at impact.

Additionally, individuals working in accident reconstruction are trained to collect data. This data helps explain the cause of the crash, both before and during the impact. Yet, despite the best efforts of law enforcement, there is a problem of ‘disappearing evidence’.

How is that possible? One must begin by acknowledging that semi-truck accidents are extremely complex. Trucking companies are permitted to send representatives and investigators to an accident scene to collect evidence alongside the law enforcement officials, and they are often there within the same time frame as the police.

As the accident is attended to – movement and actions are ‘fluid’ – and vehicles and people are often moved before an accounting of the original accident scene can be recorded. Needless to say, this makes it more difficult to uncover the authentic pivotal events that led to the accident.

In addition, witnesses may ‘forget’ what they saw, or the trucking company may have ‘inadvertently’ destroyed driver logs, inspection records, scale tickets, or other written documents that may help a case. Trucking companies are only required to retain documents for a specified period of time, as per the regulations. If you wait too long to ask for them, you can risk not getting them.

However, there is also evidence outside the immediate accident scene that is vulnerable to tampering. For instance, truck drivers must use driver logbooks to track their time, and even data recorders themselves are prone to manipulation. Both provide information that can prove negligence on the part of a driver or the company he (or she) represents.

After a very serious accident, prudent trucking companies and their insurance carriers will preserve the evidence. However, some less-than-scrupulous interests are more interested in defending the claim than in the truth. For that reason, after a very serious truck accident, you must retain a Houston truck accident law firm as soon as possible.

Related Posts:

Understanding the Significance of Relevant Evidence in a Truck Accident Case/

Preserving evidence after an accident

What Evidence Might Help My Truck Accident Claim?(Opens in a new browser tab)

About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.