Nebraska is a major trucking hub, so truck accidents are unfortunately common on roads and highways. Protecting the right to compensation for damages and losses is paramount if accident survivors or their families wish to pursue a personal injury claim.
So, what is the best way to ensure claimants have everything needed to confidently seek compensation with the help of truck accident lawyers? Gathering evidence after a truck accident, of course.
But what evidence is needed, and how can it be gathered effectively?
At Berry Law, we’ve helped thousands of Nebraska truck accident survivors understand the importance of evidence in personal injury cases and how to gather it successfully.
Our goal with this learning resource is to ensure that everyone involved in an accident understands how to collect the necessary evidence to secure maximum compensation for damages.
Essential Evidence Needed To Recover Maximum Compensation After A Truck Accident In Nebraska
From The Accident Scene
The scene of the accident is the best place to start gathering evidence. Assuming injuries haven’t made this task impossible, accident survivors should aim to collect the following:
- Names and contact information of all involved parties, including witnesses
- Insurance information from the truck driver and the company they work for
- Photos or videos of the accident scene, vehicle damage, road conditions, etc.
- Police reports and statements from responding officers
Preserving this information at the accident scene helps track accident lawyers better understand the accident, assess fault, and identify liable parties.
From Medical Providers
Truck accidents are often severe and can result in catastrophic injuries. It’s crucial to seek medical attention immediately after an accident and keep track of all medical records related to the injury, including but not limited to:
- Hospital records
- Doctor’s notes and treatment plans
- Receipts for medication, equipment, or any other costs related to the injury
Medical evidence is essential in proving the extent of injuries and their impact on daily life. It can also serve as evidence for future medical expenses and lost wages, bolstering a claim for maximum compensation.
From Employers And Financial Records
If an accident survivor cannot return to work due to injuries sustained in a truck accident, it’s important to gather evidence from employers and keep track of financial losses. This may include:
- Employment contracts or agreements
- Pay stubs or tax returns
- Evidence of bonuses or promotions that may have been impacted by the accident
By gathering this evidence, accident survivors can prove loss of income and future earning potential, directly impacting their total settlement award.
From the Police
A full accident report can sometimes take weeks to complete, but it’s worth the wait. This report contains critical evidence such as:
- The date and time of the accident
- The location and weather conditions at the time of the accident
- Any citations or charges given to drivers involved in the crash
- Witness statements
This information can help establish a timeline of events and support any claims made by survivors in their personal injury cases.
To request a copy of the report, visit the police department website in the municipality where the accident occurred.
Tips For Preserving Evidence From A Truck Accident In Nebraska
While the evidence injured parties work to collect is vital to a personal injury case, it isn’t the only kind of information that needs to be gathered. Information from the trucking company will also prove crucial to establishing liability.
However, trucking companies will often go to great lengths to protect their interests and avoid paying compensation.
As such, it is essential to preserve any potential evidence of wrongdoing by sending an Anti-Spoliation Letter to the company.
This letter requires trucking companies to preserve essential evidence in a case, including but not limited to:
- Driver log books
- Maintenance records for the vehicle involved in the accident
- Drug and alcohol testing results for the driver at the time of the accident
- LoJack or GPS tracking data
- Emails and memos related to the accident
These records can be easily tampered with or destroyed, so sending an Anti-Spoliation Letter as soon as possible after the accident is crucial.
If accident injuries make this challenging, a truck accident lawyer can submit the required documentation for injured parties.
How Does Evidence Help In A Truck Accident Case?
A truck accident lawyer will use evidence to prove negligence and liability. These factors help determine the amount of compensation survivors are entitled to receive.
The most common negligent actions in truck accidents are:
- Driver fatigue, often due to long hours on the road and pressure from the company to meet demanding delivery schedules
- Distracted driving, such as texting or using electronic devices while operating a commercial vehicle
- Defective truck equipment or improper maintenance of the vehicle
- Violation of federal trucking regulations, such as weight limits or proper rest breaks for drivers
The evidence collected and preserved will validate liability and support the claims made by accident survivors. It will also help show the true extent of damages, including physical injuries, emotional distress, and financial losses.
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Obstacles To Obtaining Evidence
The most common obstacle to obtaining evidence in a truck accident case are the injuries sustained. The catastrophic nature of these collisions make it challenging for injured parties to get out of bed, let alone spend hours collecting evidence.
Additionally, trucking companies and their insurance providers will often use tactics to delay or deny compensation, such as withholding evidence or offering low settlements.
This scenario is common when the evidence collected points to their fault or negligence. These obstacles highlight the importance of hiring an experienced truck accident lawyer who can:
- File an Anti-Spoliation Letter to preserve evidence
- Negotiate with insurance providers on behalf of the survivor
- Gather and present evidence to support the claim
- Work with accident reconstruction experts to determine liability
- Advocate for maximum compensation and hold all responsible parties accountable
Furthermore, aggressive legal support can help root out trucking companies’ or insurers’ attempts to cover up crucial evidence and secure the best possible outcome for accident survivors.
How Much Is A Truck Accident Case Worth?
Evidence will be crucial in determining the value of a truck accident case. The compensation amount will depend on various factors, including:
- The severity and permanence of injuries
- Financial losses, such as medical expenses, lost wages, and future earning potential
- Pain and suffering endured by survivors
With the help of evidence, experienced legal representation can accurately assess these damages and fight for compensation that reflects the true impact of the accident on an individual’s life.
However, due to the varying factors and complexities involved in truck accident cases, scheduling a free case evaluation with a personal injury law firm is the best way to understand the total compensation available.
Gathering Evidence After A Truck Accident FAQ
What qualifies as a truck accident?
A collision involving a commercial truck, such as a semi-truck, tractor-trailer, or delivery truck is considered a truck accident. These vehicles are much larger and heavier than passenger vehicles and can cause severe damage and injuries in an accident.
Who is liable for a truck accident?
Several parties may be liable in a truck accident, including the driver, trucking company, vehicle manufacturer, and government entities responsible for maintaining roads. Evidence will help determine liability and hold all responsible parties accountable.
How long do I have to file a truck accident lawsuit?
In Nebraska, the statute of limitations for filing a personal injury lawsuit or claim is four years from the accident date. However, it’s best to seek legal representation as soon as possible to gather and preserve evidence before it’s lost or destroyed.
What if I am partially at fault for the truck accident?
Nebraska’s comparative negligence system may still allow accident survivors to pursue compensation for damages even if found to be partially at fault for the accident. This highlights the importance of choosing an experienced truck accident attorney who can use evidence to minimize a claimant’s level of fault and maximize compensation awards.
How do I prove wrongful death in a truck accident?
Evidence such as police reports, witness testimonies, and medical records can help prove wrongful death in a truck accident case. An experienced lawyer can also work with experts to reconstruct the accident and establish liability for the death of a loved one.
Need Help Gathering Evidence After A Truck Accident? Contact Berry Law For Comprehensive and Compassionate Legal Support
Although it may not be possible to prevent a truck accident, it is possible to prevent low-ball settlement offers by gathering vital evidence after one.
Contact Berry Law for a free consultation with our experienced truck accident lawyers who can help collect the vital evidence needed to secure maximum compensation for damages and losses.
