After a serious truck accident, it's not uncommon for the trucking company and its insurers to dispute liability. They may claim you were the one who caused the crash, not their driver. This sets up a classic "he said, she said" scenario that can complicate your injury claim.
At Finney Injury Law, our experienced St. Louis truck accident lawyers understand the frustration involved in these situations. Here’s how a skilled legal team can help you gather the evidence needed to prove fault and secure the compensation you deserve.
The Inherent Challenges of "He Said, She Said" Evidence
When fault is disputed in a truck accident case, it often comes down to the word of the truck driver against that of the injured motorist. This is especially true when there are no independent witnesses or video footage of the crash. In these situations, the trucking company's insurer may argue that the truck driver's account is more credible, casting doubt on your claim.
Several factors can contribute to these evidentiary challenges:
- Gaps in memory. The trauma of a severe crash can affect your ability to recall specific details about how the accident unfolded.
- Lack of witnesses. Many truck accidents occur on highways or rural roads where there are few, if any, independent witnesses to corroborate either party's story.
- Conflicting statements. The truck driver may provide a different account of the accident to their employer or the police than the one they give to their insurance company.
- Biased investigations. The trucking company and its insurer have a vested interest in minimizing their liability. Their accident investigation may be skewed in favor of their driver.
Gathering Evidence to Prove Fault
To prevail in a disputed liability case, you'll need evidence beyond your word against the truck driver's. Here are some strategies a skilled St. Louis truck accident attorney will use to build a strong case on your behalf:
Preserving Physical Evidence
Your lawyer will act quickly to preserve critical physical evidence from the accident scene, such as:
- Vehicle damage. The location and severity of damage to the vehicles can yield clues about how the accident happened.
- Skid marks. The nature of the skid marks on the road can help accident reconstruction experts determine vehicle speeds and braking distances.
- Debris patterns. The location of vehicle parts, cargo, and other debris strewn across the accident scene can provide insight into the sequence of events.
- Road conditions. Your attorney will document any potholes, inadequate signage, or other road hazards that may have contributed to the crash.
Interviewing Witnesses
While many truck accidents have no independent eyewitnesses, your lawyer will make every effort to identify and interview anyone who may have seen the crash, such as:
- Other motorists. Drivers or passengers in nearby vehicles may have witnessed the moments leading up to the accident, even if they didn't see the impact itself.
- Roadside workers. Construction crews, utility workers, or tow truck operators in the vicinity may have valuable information to share.
- Area residents or businesses. People who live or work near the accident scene may have seen or heard the crash.
Obtaining Video Footage
Your attorney will also seek out any video footage that may have captured the accident, such as:
- Dashcam footage. Many trucks and passenger vehicles now have dashboard-mounted cameras that continuously record the driver's view. This footage can be invaluable in cases involving disputed liability.
- Traffic camera footage. Your lawyer will check with local authorities to see if any traffic cameras or red-light cameras in the area may have recorded the accident.
- Surveillance camera footage. Nearby businesses or homes with exterior security cameras may have captured relevant footage of the accident or the vehicles involved.
Analyzing Electronic Data
Modern trucks are equipped with sophisticated electronic systems that can provide a wealth of data about the vehicle's operation leading up to the crash, including:
- Event data recorders (EDRs). Similar to an airplane's "black box," the EDR can record data such as the truck's speed, brake application, and throttle position in the seconds leading up to impact.
- Electronic logging devices (ELDs). Federal regulations require most commercial trucks to have ELDs that track the driver's hours of service. This data can help prove if the driver was fatigued or violating other safety rules at the time of the crash.
- GPS data. Many trucking companies utilize GPS systems to track their vehicles. This data can help establish the truck's route, speed, and stops leading up to the accident.
Consulting with Experts
In truck accident cases, your lawyer may work with various experts to help prove liability, such as:
- Accident reconstruction experts. These specialists use scientific methods to analyze the available evidence and create detailed models of how the crash likely occurred.
- Trucking industry experts. These experts can review the trucking company's policies, procedures, and safety records to identify any violations or negligent practices that may have contributed to the crash.
- Medical experts. Your treating physicians and other medical specialists can provide valuable insight into your injuries, linking them to the forces involved in the accident.
Let an Experienced St. Louis Truck Accident Lawyer Fight for You
If you've been seriously hurt in a truck accident in the St. Louis area, you may feel like it's your word against the trucking company's. But you don't have to face this challenge alone. The dedicated injury advocates at Finney Injury Law are here to help.
Our seasoned attorneys have the knowledge, resources, and tenacity to thoroughly investigate your accident and build a strong case for liability. We regularly work with top experts in fields like accident reconstruction, trucking safety, and medicine to gather the evidence needed to prove fault and the full extent of your damages.