Evidence gathering is absolutely crucial if you want to collect financial compensation and hold the liable party accountable for your Smyrna truck accident injuries. The success of your case depends on finding enough evidence to support your assertion that the liable party owes you damages.
If you are not sure of how to start building a case, a Smyrna truck accident lawyer can help. Even if you’re unsure about whether there’s evidence to support your case, don’t give up; a lawyer could locate pieces of evidence you are unaware of. Today, you can start a free initial consultation about working with our personal injury attorneys.
What Kinds of Evidence Do You Need in a Smyrna Truck Accident Case?
No two cases are the same, so sufficient evidence in someone else’s case may not apply to yours. This is normal and should not worry you. Your motor vehicle accident attorney can look for and analyze material from a wide range of sources to make your case as strong as possible.
Potential sources of evidence include:
- Photographs that show your injuries, the crash site, or damage to your vehicle
- Video footage from traffic cams, security cams, or cell phones that show the accident itself
- Medical records that prove you were injured and needed/will need treatment
- Accident reports that show the police have already responded to and investigated the crash
- Statements from witnesses who saw what happened or how your injuries have altered various aspects of your life
- Statements from experts who can speak to how the accident happened or how it has impacted you physically, mentally, or economically
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Truck Accidents FAQs
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Evidence gathering is crucial in a Smyrna truck accident case, but why? Because you must have evidence to prove the following four elements of negligence:
#1 The Liable Party in Your Truck Accident Owed it to You to Be Careful
Everyone who drives or puts vehicles on the road has a duty to behave in ways that do not endanger others. Your legal representative has to show how this duty applies to your case.
For example, say that the speed limit in the area where your accident occurred was 50 miles per hour. Every driver who uses that road has a responsibility to follow that speed limit, a fact your lawyer can prove by citing local traffic laws or pointing out road signs that have the speed limit posted.
#2 The Liable Party in Your Case Committed a Crucial Act of Negligence
Continuing from the example above, you have already proved that speeding constitutes negligence. Now you must prove that the truck driver in your case was speeding. Your testimony, witness testimony, the truck’s black box, and video footage can all demonstrate this.
By identifying who behaved carelessly prior to the crash, your attorney can show who caused your accident. You could potentially file suit against the truck driver, the trucking company, both, or a third party (e.g., a mechanic).
#3 Negligence Caused Your Smyrna Truck Accident
Just because someone was negligent does not mean an accident will inevitably occur. Through evidence, your personal injury team can connect the act of negligence to your crash.
For instance, your attorney can bring in an accident reconstruction specialist to determine if your accident would have occurred even if the truck driver was not speeding. Their statements are critical evidence your lawyer can add to your casefile.
#4 Your Truck Accident Led to Recoverable Damages
Finally, evidence can prove that your injuries are directly connected with the collision. Your medical records, for example, can establish that your injuries occurred on the same date as the accident. Medical bills can attest to the cost of necessary treatments, which the liable party should pay for.
This is what can make your truck accident case worth the trouble. It can secure proper compensation to cover your losses and help you support your family.
Evidence Can Also Establish Your Truck Accident Case’s Worth
In addition to demonstrating who the liable party is and how they caused your injuries, your traffic accident lawyer can use evidence to determine how much your case is worth.
Calculating a fair value by looking at evidence like receipts and tax information is critical to getting you the right amount of compensation. Without this information, the at-fault party’s insurer may try to get away with offering you less than you need to cover your losses.
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How Do You Collect Evidence for a Truck Accident Case in Smyrna?
While collecting evidence is not simple, it is largely a matter of knowing where to look. If you are well enough, you can start collecting evidence—such as the truck driver’s name and address—before leaving the accident scene. Your personal injury lawyer can also:
- Connect with experts in their network and ask for written statements
- Contact your doctor and ask for your medical records
- Request a copy of the accident report from the police
- Use the accident report and/or information you gathered at the accident scene to track down witnesses
- Speak to the liable party’s representatives and ask to look at any evidence in their possession
Time Limits on Collecting Truck Crash Evidence
Evidence will not remain available forever. Video footage, for instance, may be quickly deleted. The sooner you get an attorney on the case, the better.
Additionally, according to O.C.G.A. § 9-3-33, you have only two years to file a lawsuit after a truck accident. This gives you two years to talk to a lawyer, find enough evidence to construct a convincing casefile, and approach the liable party’s insurer.
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We Can Gather Evidence and Build Your Smyrna Truck Accident Case
Our personal injury lawyers understand that evidence gathering is crucial in a Smyrna truck accident case. We work hard to build up our clients’ casefiles so they can collect every dollar they deserve for their injuries. Call Bader Scott Injury Lawyers today to get started with a free case evaluation from a member of our legal team.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
