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03 May 20214 min read

How Do I Prove Fault for a Truck Accident: 7 Key Pieces of Evidence

Evidence that’s usually essential to proving who’s at fault for a truck wreck includes: The police report Witness statements Dashcam footage Records from the vehicles’ electronic onboard recorders Truckers’ log books Cellphone records of all drivers Trucking company records Here’s why this evidence matters and how it can help support and strength truck accident cases. …

James Amaro
Author
James Amaro

Founder and Attorney

Chris Gadoury
Reviewer
Chris Gadoury

Attorney

How Do I Prove Fault for a Truck Accident: 7 Key Pieces of Evidence

How Do I Prove Fault for a Truck Accident: 7 Key Pieces of Evidence

Evidence that’s usually essential to proving who’s at fault for a truck wreck includes:

  1. The police report
  2. Witness statements
  3. Dashcam footage
  4. Records from the vehicles’ electronic onboard recorders
  5. Truckers’ log books
  6. Cellphone records of all drivers
  7. Trucking company records

Here’s why this evidence matters and how it can help support and strength truck accident cases.

7 Types of Evidence That Can Prove Fault for a Truck Wreck

While not all of this evidence may be necessary or useful in every truck accident claim, most of it is helpful most of the time.

The Police Report

If police responded to the scene of the truck accident, they will write up an official police report, and this report can be powerful in:

  • Determining who some of the liable parties may be
  • Uncovering potential evidence for a claim, like witnesses or breathalyzer test results
  • Detailing the nature and severity of the damage and injuries caused by the crash.

Witness Statements

Witnesses can fill in the blanks when it comes to what happened before, during, and after the truck wreck. In situations where the involved parties are severely injured, witness statements may be the only narrative available for the crash.

Dashcam Footage

If trucks and/or other involved vehicles are equipped with dashboard cameras (dashcams), the footage captured by these devices can be incredibly helpful to:

  • Backing up or refuting victims’ and/or witnesses’ statements
  • Revealing details no one witnessed during the crash
  • Determining the point(s) of impact

Records from Vehicles’ and Trucks’ Electronic Onboard Recorders

When passenger vehicles and trucks are outfitted with crash data recorders (CDRs) and electronic onboard recorders (EOBRs), these recorders can provide key information about how a truck moving and being operated before and during a wreck. In fact, CDRs and EOBRs can provide details like:

  • Speed
  • When the brakes were applied
  • For passenger vehicles, braking history and whether airbags deployed
  • Any equipment on the truck that was faulty or broken
  • How long the truck had been on the road prior to the accident (which could indicate a driver may have violated hours-of-service rules)
  • And more

Truckers’ Logbooks

These logbooks can contain details about:

  • How long truckers have been driving or on-duty and when their last rest period was (and how long that was)
  • When and how frequently the trucker inspects the truck and gets the equipment maintained
  • When the trucker picked up a load and who secured that load

Any of these details could reveal trucker, trucking company, and/or others’ negligence.

Cellphone Records

These records can reveal whether any of the involved drivers may have been distracted at the time of the crash.

Trucking Company Records

These documents can show whether motor carrier negligence like (but not limited to) the following may have contributed to a truck wreck:

  • Hiring unsafe drivers: This can include failing to conduct and document driver background checks, drug tests, training, and licensing.
  • Creating unrealistic schedules: This may force drivers to skip legally required brakes and rest periods. When that happens, fatigued drivers may also be speeding to stick to a schedule, and that can cause wrecks.
  • Failing to maintain trucks: This can lead to equipment malfunctions and failures, like tire blowouts, steering system failures, brake failures, and more. Any vehicle equipment failure can make it hard, if not impossible, to safely control the vehicle.

Need Help Gathering Evidence for a Truck Crash? Contact the Amaro Law Firm

If you or someone you know has been hurt in a wreck, don’t hesitate to contact a trusted truck accident lawyer at the Amaro Law Firm. We’re ready to answer your questions, explain your rights, and build you the strongest possible case.

Call 1-866-445-5645 or Contact Us
for a Free, Confidential, No-Obligation Case Evaluation

In the aftermath of your 18-wheeler accident, the evidence for a claim can be critical to its outcome. At the Amaro Law Firm, we can do more than just point out the evidence you may need to prove fault for your truck wreck – we can effectively present that evidence and compelling arguments to help get you secure the full compensation you may deserve.

While money can’t erase the accident or the damage it’s caused, compensation can help you restore your life.

James Amaro
Author

James Amaro

Founder and Attorney

James Amaro founded the Amaro Law Firm in 2005 to help people and businesses facing life-changing losses hold negligent parties accountable. Over the last 20 years, James Amaro has earned an outstanding reputation nationwide as a highly skilled attorney and a tenacious trial lawyer in personal injury cases, business disputes, insurance claims, hurricane claims, and commercial litigation.

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Chris Gadoury
Reviewed By

Chris Gadoury

Attorney

Chris Gadoury joined the Amaro Law Firm in 2023 and brings over two decades of nationwide experience in litigating complex commercial, environmental, False Claims Act, and white-collar criminal litigation to represent the Firm’s clients in wrongful death, catastrophic personal injury, commercial, and environmental matters. Prior to the Amaro Law Firm, Mr. Gadoury litigated for a combined 17 years as a Partner with Berg & Androphy and as Senior Counsel at the Lanier Law Firm. His vast experience of representation spans that of Fortune 100 companies, small businesses, individuals and families, and hedge funds and institutional investors with billions in assets.

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