How to build a strong case after getting hit by a truck

On Behalf of | Dec 9, 2022 | Motor vehicle accidents |

If you’ve been in an accident with a truck in West Virginia, you have a limited window of opportunity to gather the information needed to build a strong case. It will help you out significantly if you know what facts are most important for you to gather and how best to record your evidence.

Find out who is at fault

The more comprehensive you are when gathering evidence, the more likely you are to find out who is to blame. There may be multiple answers to that question because it might not just be one individual or company that was responsible.

Besides the driver, the fault may also rest on the shoulders of the:

  • Broker
  • Shipper
  • Manufacturer
  • Trucking company

The accident report is one critical piece of evidence you’ll want to have. This is created by the police who respond to the accident. Remember to get your own copy of the report so you can add it to your personal records.

When you’re in an accident with a truck driver, the state police will usually send a certified truck inspector. It’s crucial that they get a chance to examine the truck before it is moved.

The inspector looks for any obvious defects in the vehicle as well as other common accident-causing problems such as an overweight load, tires with low tread or freight that is irregularly loaded. They also check for any other kind of malfunction or reason why the truck accident may have happened. This is another report that you can get your own copy of if you ask for it.

Take pictures and talk to witnesses

Photographs are one valuable type of evidence that you can collect yourself. You should also get witness statements from anyone who saw the collision.

Make sure to capture the damage your vehicle has taken and any other personal property that was damaged. Photograph the road if there are skid marks, and don’t forget to take pictures of the truck as well.

Truck drivers’ electronic logs come with more stringent rules than ever. This means they can be used to reliably track how many hours a driver has spent on the road – and if they’ve taken the required breaks. Depending on the circumstances, the driver may be required to be tested for drugs and alcohol.