Investigating a Truck Accident in Florida: Collecting the Evidence You Need to Prove Your Legal Rights

When you have a claim for a truck accident in Florida, collecting the evidence you need is the first toward seeking the financial compensation you deserve. Truck accident cases can involve several forms of evidence, and this means that it may be necessary for your Florida truck accident lawyer to collect evidence from several different sources.

Collecting evidence in a truck accident case is a multi-step process. If you have a claim, your lawyer will need to conduct a comprehensive investigation focused on ensuring that you have all of the evidence that is available. With this evidence in hand, your lawyer will be able to determine who (or what company) is responsible for the accident, and then your lawyer will be able to use this information to fight for just compensation on your behalf.

10 Steps Involved in a Commercial Truck Accident Investigation

With this in mind, here are 10 key steps involved in conducting a comprehensive commercial truck accident investigation:

1. Conducting an On-Scene Investigation

The first step is to conduct an on-scene investigation. This on-scene investigation should ideally take place as soon as possible—as tire marks, debris and other evidence can disappear over time. When you hire a Florida truck accident lawyer to represent you, one of your lawyer’s first priorities will be to send a forensic investigator to preserve any evidence that is still available at the scene of the crash.

2. Thoroughly Inspecting the Commercial Truck

Another important early step in the investigative process is to thoroughly inspect the commercial truck that was involved in the collision. This serves a few different, but equally important, purposes:

• Documenting the location and extent of the damage to the truck
• Determining if a brake failure, tire failure or another mechanical issue played a role in the accident
• Identifying any maintenance issues or other safety violations that may provide grounds to file a claim against the trucking company

This inspection also needs to take place promptly. The trucking company may try to get the truck repaired as quickly as possible for a variety of reasons; and, once this happens, it will be more difficult to collect the evidence you need.

3. Examining the Damage to Your (or Your Loved One’s) Vehicle

Along with inspecting the truck, it will be important to examine and document the damage to your (or your loved one’s) vehicle as well. The extent and location of the damage will provide key insights into how the accident happened and how fast the truck was traveling at the time of the collision.

4. Obtaining Records from the Trucking Company

In commercial truck accident cases, the trucking company’s internal records will often serve as key evidence of liability. Some examples of internal records that could be relevant to your claim include:

• The truck’s maintenance history
• The truck driver’s driving log
• The truck driver’s qualifications and incident record
• Communications between the truck driver and the trucking company
• Other internal communications that raise concerns about the truck or the driver involved in your (or your loved one’s) collision

Of course, you can’t expect the trucking company to provide these records voluntarily. Instead, you will need to rely on your Florida truck accident lawyer to obtain them for you. Once your lawyer files a lawsuit on your behalf, your lawyer will be able to seek access to these records through the formal discovery process.

5. Obtaining the Truck Driver’s Cell Phone Records

Many commercial truck accidents happen because the truck driver isn’t focused on the task at hand. If the truck driver involved in your (or your loved one’s) truck accident was distracted behind the wheel, his or her cell phone records could be key evidence in your case. Once you hire a Florida truck accident lawyer to represent you, your lawyer will be able to subpoena the truck driver’s cell phone records from his or her provider if it appears that texting, talking on the phone or scrolling social media played a role in the collision.

6. Talking to Eye Witnesses

Eye witnesses can also serve as key sources of evidence in commercial truck accident cases. Eye witnesses may include other drivers and passengers as well as pedestrians who witnessed the accident from the side of the road. Not only can your lawyer seek to obtain sworn statements and testimony from eye witnesses, but these individuals may have cell phone photos or videos from the crash that your lawyer can use as evidence in your case as well.

7. Reviewing Video Footage of the Accident (if Available)

If there is traffic or surveillance camera footage of your (or your loved one’s) commercial truck accident, your lawyer can seek to obtain this footage from its owner. Video footage will often be among the clearest forms of evidence available.

8. Reviewing the Truck’s “Black Box” Data

Large commercial trucks typically have data recorders (or “black boxes”) that constantly record information about the truck’s trajectory, speed and braking. If “black box” data is available in your case, this could serve as clear evidence of liability as well.

9. Collecting Any Other Evidence That is Available

From any photos or videos you were able to take at the scene of the accident to the truck driver’s receipts or bar tab (if he or she had been drinking before the accident), a variety of other forms of evidence may also be available to prove your legal rights.

10. Reconstructing the Events Leading Up to the Accident

Finally, after collecting as much evidence as possible, your lawyer will be able to hire an accident reconstructionist to create a computer simulation of the accident. When prepared properly, these computer simulations can be extraordinarily accurate, and they are generally admissible as evidence in court.  

Get Help from an Experienced Florida Truck Accident Lawyer at No Out-of-Pocket Cost

Do you need help asserting your legal rights after a serious or fatal truck accident in Florida? If so, we encourage you to contact us promptly. To speak with an experienced Florida truck accident lawyer about your case as soon as possible, call 800-780-8607 or request a free consultation online today.