What Evidence Is Crucial in Commercial Trucking Accident Cases? 

Commercial truck accidents are often complicated, involving multiple parties, extensive damages, and varied legal considerations. Victims of these dangerous accidents often face significant physical, emotional, and financial hardships. 

If you have been a victim of a commercial truck accident, it's essential to gather strong evidence to build a successful claim. However, this can often be challenging. Gathering evidence isn’t just ticking boxes; it’s about piecing together the puzzle to prove negligence or liability. 

Brett Reynolds & Associates, P.C. is experienced in handling commercial truck accident cases and has represented countless victims in personal injury and civil litigation matters. With over 38 years of experience, Attorney Brett Reynolds serves communities in San Antonio, Texas, and throughout South and Central Texas. 

The firm is dedicated to helping clients build strong cases through thorough evidence collection.  Below, Attorney Reynolds outlines the important types of evidence for commercial truck accidents and how they can impact your case. 

The Importance of Evidence in Trucking Accident Cases

Trucking companies, insurers, and legal teams typically start building their defense as soon as an accident is reported. Therefore, you should also start gathering evidence as soon as possible.  

Evidence establishes the facts of the accident, identifies liable parties, and supports any claims you might make for compensation for medical expenses, lost wages, or property damages. Every piece of evidence contributes to a larger narrative that shows how the accident occurred and who was at fault for the incident.

Types of Evidence in Trucking Accident Cases

If you've been involved in an accident with a commercial truck, it's important to gather the right evidence to support your claim. The critical forms of evidence that can strengthen your case and help establish liability include the following:

Accident Scene Evidence

The accident scene often presents important details about how the crash happened. Some primary evidence you should collect at the scene includes: 

• Videos and photos: These demonstrate the damage caused to all vehicles, road conditions, skid marks, weather conditions, and more. 

• Witness statements: Eyewitness accounts from other drivers, passengers, or pedestrians who saw the accident can provide additional perspectives. 

• Police reports: Officers on the scene likely documented key facts, drew diagrams, and issued statements about responsibility. 

This evidence and its condition can change quickly. Photos and witness accounts, in particular, can lose their value if not recorded promptly. 

Data from Black Boxes and Electronic Logging Devices (ELD)

Commercial trucks are often equipped with data-recording devices, such as black boxes or ELDs. These devices can provide essential data that can be used as evidence in court proceedings, such as the following:

• The truck's speed at the time of the crash 

• Hard braking events 

• Hours of service (HOS) compliance to determine whether the driver exceeded regulated driving hours 

• GPS location tracking 

This information can help identify the cause of the accident, whether it was driver fatigue, speeding, or another operational issue. However, obtaining this data may require you to submit a formal legal request. 

Driver Information and Records

The truck driver’s background and behavior during the accident can help determine fault. The relevant evidence you should collect includes: 

• Drug and alcohol testing: Federal regulations require testing drivers for substance use after accidents under certain circumstances. 

• Driver logs: Analysis of HOS logs can show whether the driver complied with rest and driving limits. 

• Driving history: Any records highlighting any history of traffic violations, accidents, or reckless driving. 

Maintenance and Inspection Records

Commercial trucks must meet strict federal and state safety standards. Maintenance and inspection records can often reveal whether the trucking company fulfilled these responsibilities. Any gaps in these records or evidence of delayed repairs may support a negligence claim. Some key details you should gather include: 

• Tire and brake conditions 

• Routine maintenance schedules 

• Truck inspection reports 

Trucking Company Records

Trucking companies are required to oversee their drivers and fleet. Company records may reveal negligent hiring, training, or supervision practices. Some examples include: 

• Driver training programs 

• Vehicle assignment records 

• Scheduling practices that could contribute to driver fatigue or speeding 

Medical and Financial Documentation

To seek compensation, victims must thoroughly document all losses resulting from the accident. This information helps establish the full extent of damages and includes: 

• Medical records: Diagnosis, treatment plans, surgeries, rehabilitation, and ongoing care associated with injuries. 

• Financial records: Documentation of lost wages, reduced earning capacity, and out-of-pocket expenses related to the accident. 

Texas Laws That Impact Trucking Accident Cases

Texas has several laws and regulations governing trucking accidents, which influence how evidence is collected and used. The key aspects you should be aware of include the following: 

• Comparative fault: Texas uses a modified comparative fault system. This means that victims can recover damages only if they are less than 51% responsible for the accident. Therefore, it's critical to demonstrate the plaintiff's minimal level of fault in order to pursue the highest possible compensation. 

• Federal and state regulations: The Federal Motor Carrier Safety Administration (FMCSA) sets strict standards for commercial truck operations, including HOS limits, drug and alcohol testing, and maintenance requirements. Texas has additional rules that may apply. 

• Statute of limitations: In Texas, victims of a commercial truck accident typically have two years from the date of the accident to file a personal injury claim. Timely evidence collection is critical during this time frame. 

• Destruction or alteration of evidence: Trucking companies must preserve certain records, but they may not do so without notification. Filing a preservation letter quickly can prevent the destruction of critical evidence (like black box data). 

Personal Injury & Civil Litigation Firm Serving South and Central Texas

For over 38 years, Brett Reynolds & Associates, P.C. has been a trusted advocate for clients in personal injury and civil litigation across South and Central Texas, including San Antonio. Attorney Reynolds delivers personalized legal strategies tailored to your needs because no client is ever just a case number.

If you or someone you know has been injured in a commercial trucking accident, reach out to Brett Reynolds & Associates, P.C. to schedule a consultation.