After a truck accident, preserving evidence probably isn’t the first thing on your mind. You may be recovering from injuries, going to medical appointments, or missing time at work. During this difficult period, however, important truck accident evidence may already be in the hands of the trucking company.
You shouldn’t have to know which records to ask for or where to find them. A personal injury attorney knows what evidence to look for and how to pursue it before valuable information is lost. For example, driver logs may reveal how long the trucker had been behind the wheel. Maintenance records can raise questions about the truck’s condition. And data stored by the vehicle may offer another account of the moments before the crash. Attorney Matthew Breen can pursue these records and piece them together to investigate what happened and who may be responsible.
Truck Accident Evidence Goes Beyond a Typical Car Crash
When you file a legal claim after a truck accident, both sides go through a process called discovery. This is the formal exchange of information in a lawsuit. For your attorney, discovery provides a way to obtain records and data held by the trucking company and other parties involved in the case.
Some of the evidence will be familiar. Police reports, photographs, witness statements, and accounts from the drivers can help establish what happened at the scene. A truck accident, though, can leave behind records that you wouldn’t expect to find after an ordinary car crash.
Commercial drivers and trucking companies must follow federal safety regulations, and those requirements create records. There may be documentation showing how long a driver had been working, when a truck was inspected, what repairs were performed, or what the vehicle was doing shortly before the collision. Each record can provide another piece of the story.
The challenge is knowing that these records exist and knowing how to obtain them. An experienced personal injury attorney like Matthew Breen can determine which records may be relevant to your case, pursue them through discovery, and take action to preserve evidence before it’s lost or destroyed.
What Evidence Can Your Attorney Obtain After a Truck Accident?
The evidence Matthew Breen gathers can help answer the questions at the heart of your case. What caused the crash, and who was responsible? Did the trucking company’s actions contribute to what happened? What injuries and financial losses did you suffer as a result?
Lowcountry Law will investigate several sources of evidence that may help us piece together what happened.
Police Report and Crash Scene Evidence
When an officer investigates the crash, they will prepare the South Carolina Traffic Collision Report Form (TR-310). This police report is often one of the first records an attorney reviews. It can establish basic facts about the collision, including when and where it occurred, who was involved, road and weather conditions, witness information, citations, and the responding officer’s description of the scene. The officer’s diagram and narrative can also help reconstruct the sequence of events.
However, while a police report gives us a useful starting point for investigating the collision, it doesn’t settle the question of who was at fault. An officer’s conclusions are not a legal determination of fault, which can depend on evidence that extends well beyond what was available at the crash scene.
Video, Photos, and Witness Statements
Sometimes, the clearest account of a collision comes from someone or something that saw it happen. Traffic cameras, a truck’s dashcam, surveillance cameras at nearby businesses, and cellphone footage may capture the crash or the events leading up to it. This footage can help answer questions about lane changes, traffic signals, following distance, braking, or a driver’s failure to yield.
Some of this evidence won’t remain available indefinitely. Surveillance footage, in particular, may be overwritten during normal business operations. When you work with Matthew Breen, he will send preservation requests to the parties who control that footage so that it isn’t lost. Acting quickly gives him a better chance of obtaining and reviewing valuable evidence before it disappears.
Photos taken at the scene provide additional context. Images of vehicle damage, debris, traffic signs, skid marks, and the final positions of the vehicles preserve details that may be gone once the roadway is cleared.
Witnesses can add another perspective, especially when they have no connection to either driver. Their accounts may support what you say happened and clarify details that aren’t captured in photos or video.
The Truck’s Electronic Data
Modern commercial trucks can generate electronic information about how the vehicle was operating. Depending on the truck and its systems, data from the engine control module (ECM), event data recorder (EDR), telematics system, or GPS may provide information about speed, braking, throttle use, engine activity, and vehicle location.
That data can give us an objective source to compare against driver statements, witness accounts, and physical evidence from the scene. For example, if there’s a dispute over whether the truck slowed before impact, electronic data may help answer that question.
Driver Logs, Hours-of-Service, and Dispatch Records
A truck driver’s workday creates its own trail of records. Electronic logging device (ELD) data and driver logs document hours of service. Trip records, fuel receipts, bills of lading, dispatch instructions, and communications can provide additional information about the trip.
Matthew Breen may examine these records for signs that fatigue contributed to the collision or that the driver went over federal hours-of-service limits. Dispatch records and communications can also show what instructions the driver received and whether there was pressure to meet a demanding delivery schedule. Comparing different records may reveal discrepancies that deserve further investigation.
Timing matters with this category of evidence. After six months, motor carriers are no longer required under federal regulations to keep ELD records of duty status and their supporting documents. Sending a preservation request early helps ensure those records are still available when we need them.
Medical Records and Evidence of Financial Loss
Proving how a crash occurred is only part of an injury claim. There also needs to be evidence showing how the collision led to your injury. That’s why we always recommend that you get a medical evaluation after an accident, even if you think your injuries are minor.
Medical records and diagnostic imaging document injuries and treatment, while opinions from treating providers may help establish the connection between the collision and your medical condition.
Medical bills provide evidence of treatment costs. Wage records, tax documents, and other financial records can document income you lost because of your injuries. When an injury is expected to have lasting consequences, evidence of future medical care or other anticipated losses is relevant.
Let Matthew Breen Protect the Evidence in Your Truck Accident Case
After a serious truck accident, your attention belongs on your health and the people who depend on you. Matthew Breen can focus on the investigation.
Police reports, video footage, electronic truck data, driver logs, company records, and medical documentation can help reveal how the crash happened and what it has cost you. Some of that evidence may not be available forever, which is why getting an attorney involved early matters. If you were injured in a truck accident in South Carolina, book a free consultation with Attorney Matthew Breen to discuss what happened and what evidence may be available in your case.
