When you are injured in a truck accident caused by another party, you should be able to recover compensation for your damages. However, insurance companies do not want to pay you a dollar more than they must and will work hard to deny liability.
Louisiana personal injury cases, including truck accident cases, are based on tort law. A tort is a wrongful act that results in civil liability. Your truck accident claim could be based on one or more of three types of tort actions – negligent tort, intentional tort, and strict liability.
An intentional tort could occur if a truck driver intentionally crashed into someone and harmed them. A strict liability tort may happen if a defective product caused your damages. A negligent tort may result from unintentional driver error.
Most truck accident cases are based on negligence, so you will have to prove the essential elements of negligence. Each truck accident case is unique and the evidence used to prove negligence will vary depending on the facts of your case
How To Prove Negligence in a Louisiana Truck Accident Claim
The theory of negligence is the basis for most Louisiana truck accident claims. To be successful in a truck accident injury case based on negligence you must establish the existence of four elements:
- The defendant owed you a duty of care. All motorists owe a duty of care to operate their vehicles in a reasonably safe way to avoid harming others.
- The defendant breached their duty of care by negligent action or inaction. For example, if a truck driver ran through a red light because they were distracted and didn’t realize the light was about to turn, they likely would have breached their duty of care.
- The defendant’s negligent action or inaction was the cause of your accident and injuries.
- You suffered actual damages because of the defendant’s negligence. Your damages may be medical expenses, lost wages, pain and suffering, or other tangible and intangible losses.
These elements may seem straightforward but they are aggressively disputed and litigated in most truck accident cases. At Chris Corzo Injury Attorneys, we have the experience, skills, and resources to thoroughly investigate your accident to determine causation and liability and to uncover the evidence to build your strongest case.
Types of Evidence That Can Be Used in a Truck Accident
Evidence Used in Louisiana Truck Accident Injury Cases
You need solid evidence to prove each element of negligence against the responsible parties. The evidence we use will depend on the specific facts of your accident. Some evidence we may use to help you prove negligence includes the following.
Photographs and Video Evidence
We routinely use photos and video footage to help prove negligence in truck accident injury cases. They can be helpful to establish the condition of the vehicles at the scene of the accident, visible injuries, debris and skid marks on the road, the location of traffic signals or signs, and the road conditions.
Photographs and video footage may come from those you or other witnesses took at the accident scene, nearby surveillance camera footage, dashcam footage, and traffic cameras.
Police Reports
Police reports can help with both settlement negotiations and court proceedings because they are considered an unbiased and reliable source of the facts of the accidents.
Information that can be used from the police report include the time, date, and location of the accidents, the officer’s description of the vehicles and crash scene, statements from the drivers, passengers, and eyewitnesses, and whether traffic citations were issued.
Witness Statements
Statements from other drivers, passengers, and eyewitnesses are frequently used to prove elements of negligence.
Expert Testimony and Reports
We may consult medical, economic and accident reconstruction experts to help establish negligence, including the cause of the accident, and the existence and value of your damages. These experts may testify at trial and often provide reports of their findings.
Event Data Recorders
The event data recorders (EDR), also referred to as the black boxes, of the vehicles involved in the crash can provide invaluable evidence to prove your claim. Some types of data an EDR may contain include the speed of the vehicle leading up to and at the time of the crash, braking data, the hours of operation, and other performance data. This data can help show whether the driver was speeding, driving erratically, or violating the service hours of operation regulations.
At Chris Corzo Injury Attorneys, we act quickly to help preserve this and other evidence before it is lost or destroyed. EDR data, video footage, and other recordings can be deleted or overwritten quickly if not quickly and correctly requested.
Truck Maintenance and Inspection Records and Driver Logs
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry and requires trucking companies to conduct regular inspections and maintenance on their trucks. If they fail to abide by these regulations, tire blow outs, brake failure, and other mechanical problems can be the cause of an accident.
The FMCSA also regulates the number of hours truck drivers can operate without taking a rest break and how many total hours they can drive in a given period. Drivers are required to keep logs of their driving and rest times. Their logs may contain vital evidence to prove their negligence.
Medical Records
We will use your medical records to establish the existence and severity of your injuries caused by the accident. Important evidence in your medical records include notes from your initial emergency room visit, X-rays, MRIs, treatment plans, diagnoses, prescribed medication, and much more.
Your Employment Record
We will use your employment record and other evidence of your prior wages, days of work missed, and other documentation to support your damages.
Cell Phone, Email, and Social Media Communications
In some cases, we use cell phone records, emails, text messages, and social media posts to help prove your claim. Emails may prove the trucking company’s pattern of pressuring the driver to violate hours of service regulations. Text messages may show the driver was texting at the time of the accident. Social media posts may also reveal evidence that can be used to establish negligence.
At Chris Corzo Injury Attorneys, we carefully consider each piece of evidence to determine its value to your case. Our experienced, savvy truck accident lawyers uncover and use the best evidence considering the specific facts of your claim. We have the skills and resources to prove the at-fault parties’ negligence and help you recover the compensation you deserve.
Our Experienced Lawyers Are Here For You
Claim Your Free Consultation Today
Schedule a Free Consultation With a Louisiana Truck Accident Lawyer From Chris Corzo Injury Attorneys
If you have been injured or lost a loved one in a truck accident caused by another party, you have the right to seek compensation for your damages. However, insurance companies have a lot at stake in most truck accident claims and will fight hard to deny liability, blame shift, and settle your claim for as little as possible.
You need the help of an experienced truck accident attorney in Baton Rouge who knows how to prove the liability of each responsible party and help you recover maximum compensation for your damages.
At Chris Corzo Injury Attorneys, our truck accident lawyers have helped recover over $10 billion in client compensation and we want to help you get the justice and full damages you are owed. Call (225) 999-1111 or complete the short form on our contact page to schedule a free consultation to discuss your truck accident injury claim.