After a truck accident, you may find yourself under mounting stress from your physical injuries, substantial medical bills and other damages or costs you cannot afford. Fortunately, our attorneys are here to help if you have been the victim of a trucker’s negligence.
Being a major hub and industrial area of the Northeast, Northern and Central New Jersey roads are known for being filled with countless commercial trucks. Many of these truck drivers are on tight schedules, so it is common to see them speeding by on the NJ Turnpike. If they injured you in an accident, our team can help determine why and how. We can gather evidence and hold the trucking company liable for its negligent driver.
For a free case review with our truck accident attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111.
Evidence that Can Help Prove a Truck Accident Lawsuit in New Jersey
Truck accident lawsuits are often challenging cases. While a great deal of evidence is usually available in these accidents, many victims do not know where to get it or what will be important. Fortunately, our truck accident attorneys can explain what types of evidence can help prove your claim and get it on your behalf.
Some of the evidence you can gather right there at the scene of your accident, while other important evidence come from your medical providers or in the defendant’s possession:
Crash Reports
Typically, the police crash report is one of the first pieces of evidence reviewed in a lawsuit. If someone is involved in a vehicle accident resulting in injury or death to any party or more than $500 in property damage, N.J.S.A. § 39:4-130 requires that they report the accident to the police within ten days. Considering the severity of most truck accidents, it is likely that the police investigated your accident soon after and issued a report. Our truck accident lawyers can help you obtain a copy of this report.
While police reports contain important information can be incredibly helpful during negotiations with the insurance company. We can also obtain internal crash reports from the trucking company involved in your accident. With both sources of information, we can show a clear picture of the trucker’s liability.
Medical Records
Medical records will often serve as crucial evidence in your case. Without medical evidence, you will not be able to prove to the insurance company or court that you were actually injured as a result of the accident or what steps you took to recover from your injuries. Your medical damages will be the basis of your economic losses but will also be used to justify your non-economic damages or your damages for “pain and suffering.”
When injuries are sustained as a result of a truck accident, you will likely require medical treatment immediately and follow your treatment plan closely. Our truck accident lawyers will present the medical evidence in your case to maximize your monetary compensation.
Photographs
Photographs of the accident scene and your injuries can speak volumes in your lawsuit. As long as they are relevant to the elements we are trying to prove in your case, we can use photographs you take at the accident scene as evidence. Start by photographing your vehicle and the truck (including any debris around it), the final position of the vehicles, and the damage they sustained. Also, take photos of the scene itself to capture important details, like traffic lights, road lines, and intersections. You should also be sure to take photographs of your injuries so their full extent is documented for your case. Always be careful and check your surroundings to make sure the scene of the accident is safe and clear before taking photographs on the roadway.
After getting the details of your case, our lawyers may also investigate the accident scene. After surveying the area, we can check whether any homes’ or businesses’ security cameras captured your accident and request the footage from the owner.
Witness Testimony
Witness testimony is often deciding evidence in a lawsuit. Liability might be an open-and-shut issue if you have witnesses on your side backing up your testimony. If you have a chance at the scene, speak to witnesses and get their contact information. If not, we can usually get their details in your police report. But the sooner we reach out to witnesses in your case, the better their memory of the accident will be.
Expert witnesses can also be used in a truck accident lawsuit. Most trucks are complex machines. If the truck malfunctioned or the truck driver did not respond to a situation like a professional trucker should, an expert witness can testify as to how they deviated from the professional standard. Essentially, they help the court understand complex issues that ordinary people would not understand.
Evidence in the Defendant’s Possession
A great deal of evidence that can help your case will also be in either the truck driver’s or trucking company’s possession. One of the powers that comes with filing a lawsuit is the ability to gather relevant evidence the other side possesses in a process known as “discovery.” During this phase, our team can request business documents, like the trucker’s employment record, maintenance records for the truck involved, and company policies.
Our attorneys will also request the logbooks the trucker kept. Most commercial truckers are required to keep a logbook detailing the length of each trip, inspections done, and other relevant details. The logbooks should tell us if the driver was operating for too many hours or did not inspect the truck before the trip. If the driver did not keep a log, we can also use that against them.
In the absence of logbooks, we might still be able to get important truck information from its “black box.” These small electronic devices record virtually every significant detail about a truck in real time. For example, black boxes will show the truck’s speed throughout its trip and what systems were engaged before and during the accident. So, if the trucker did not brake before hitting you, the black box should show the brake system not being engaged at that time.
Our New Jersey Truck Accident Attorneys Can Help You Get Justice Today
Call Agrapidis & Maroules, P.C. at (201) 777-1111 to receive your free consultation and case assessment with our truck accident lawyers today.