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Tips for Preserving Evidence in an Arizona Truck Wreck Claim

Posted on June 7, 2021 in

Tips for Preserving Evidence in an Arizona Truck Wreck ClaimThose involved in a truck accident are more likely to sustain severe injuries since commercial trucks can weigh over 20 times the weight of the average passenger car. When a truck driver’s negligence causes major injuries, you may be eligible to receive large financial compensation because commercial trucks are required to have higher insurance coverage limits than a car.. 

However, you and your Arizona trucking accident attorney must provide sufficient evidence to prove liability. Securing compensation can be challenging, especially when going up against aggressive insurance carriers and well-funded trucking companies. Preserving evidence of the truck accident is crucial to your claim’s success. 

Why Is Evidence Critical after an Arizona Truck Accident? 

When a crash occurs involving a commercial vehicle, there may be many parties involved that were not present at the accident scene. For example, the driver may work for a trucking company that will likely have an extensive legal team backing them. When going up against these companies, having evidence to back your claim is vital to secure compensation for accident-related damages and expenses.

What Evidence Do I Need for a Truck Accident Claim? 

Various types of evidence may aid your Arizona truck accident claim. Evidence from the accident scene is often the most critical, such as photos, witness statements, surveillance videos, and police reports. Take photos yourself at the crash site of all involved vehicles and the roadway, from different angles and distances.

Remember, truck accidents are more complex and will require more evidence. Hiring a truck accident attorney soon after the crash will be the best way to obtain and preserve this evidence, including the electronic logging device (ELD) the truck driver used. ELDs document and record the driver’s hours to ensure they follow Federal Motor Carrier Safety Administration standards. Delay in protecting the evidence often results in proof being lost. Other evidence that our capable lawyers may obtain for you includes: 

  • The black box that monitors the truck’s systems
  • The trucking company’s most recent inspection and maintenance records
  • The truck driver’s driving record
  • Cell phone records from the truck driver

You probably need a lawsuit to gain access to this type of evidence, as trucking companies will not normally cooperate with such a focused informal investigation. If you are not familiar with legal processes such as serving a subpoena, you should contact a truck accident attorney. They can obtain all the relevant information and uncover the circumstances leading up to the crash. 

How to Preserve Truck Accident Evidence? 

You must preserve evidence from a truck accident before it is gone, lost, or destroyed. For example, a different driver may record over the black box data. Furthermore, trucking companies may only keep maintenance and inspection records for six months to a year. What is even worse is that a trucking company may purposefully destroy evidence. 

To avoid losing essential evidence regarding your case, you must act fast. Follow these tips to preserve evidence: 

  • Send a spoliation letter. Your attorney may send a spoliation letter to the trucking company. The letter notifies them of your claim and the need to preserve the evidence your attorney lists. 
  • Backup your photos and videos. You can easily erase photos and videos by accident, so it is a good idea to backup all your accident-related photos and videos. Upload your photos to your computer, or send copies to a family member. Once you have an attorney, email them the photos so they have a digital copy. 
  • Interview witnesses. At the accident scene, be sure to write down contact information for any witnesses. Then, give that information to your attorney as soon as you hire one. They can then call the witnesses and ask for a statement. Calling witnesses soon after the crash is crucial since memory fades over time. A witness who does not remember the details will not be helpful to your case.
  • Hire an attorney. An experienced truck accident attorney ensures all evidence is promptly collected and used for your claim. The lawyer uses this proof to build a claim against the negligent party. Importantly, hire a trucking lawyer sooner than later, because the percentage fee is the same but you will get the benefit of more legal work on your case that starts sooner (before any evidence is lost) if you do.

Speak to a Skilled Arizona Truck Accident Attorney Today 

If you were in a truck accident in Arizona, do not hesitate to contact the Jensen Phelan Law Firm. With over 40 years of experience and a proven success rate with trucking cases, you can be confident that our attorneys will do everything possible to reach a favorable outcome. 

Under our Fair Fee Guarantee program, our injury lawyers work on a contingency fee basis, meaning you do not pay for our services unless we win your case. To schedule a free consultation, call (928) 778-2660 or complete our contact form today.