What Evidence Do I Need to Make a Truck Accident Claim?

What evidence do I need to make a truck accident claim? If you have been injured in a truck accident, you are
owed compensation for your injuries and damages. However, to recover the full amount of compensation you deserve,
you need to prove the extent of your injuries and how the truck driver and trucking company hurt you. This is not an
easy task, as truck accidents are often complex and involve multiple parties, factors and laws.

Burger Law‘s Missouri and Illinois
truck accident lawyers have over 80 years of combined experience investigating and litigating truck accident
claims. We know how to fight back against large corporations and get our clients the maximum compensation they
deserve. Read on to see what kind of evidence you need for your truck accident claim or, to speak to a truck
accident lawyer at no cost to you, call Burger Law at or contact us
online today. You do not pay until we win your case. You can see how much your claim may be worth by using
our free personal injury calculator.

Important Evidence Needed to Prove Truck Crash Claims

When you file a truck accident claim or lawsuit, you need proof of your damages and proof of how the truck driver
and/or trucking company was negligent. In this article, we break the evidence you need into three categories:
evidence you can get at the scene of the accident, records you need to keep after your accident and evidence you
need to collect from the insurance company.

Evidence Collected at the Accident Scene

Being in any kind of accident is scary, and given the size of trucks, a truck accident can be overwhelming. But, it’s
important to try and keep your wits about you for the best chances of success in your claim. Your health and safety
are the number one priority, so it’s important to note that you should only try and collect evidence at the scene if
it’s safe and if you’re physically able to so. If you can, you should get the following evidence at the truck
accident site:

• Police report — The police report is a document that summarizes the facts and circumstances of the
  accident, as well as the opinions and observations of the responding officers. The police report may include
  information such as:
  • • the date, time and location of the accident
    • the names and contact information of the drivers, passengers and witnesses
    • the vehicle descriptions and license plate numbers
    • the weather and road conditions
    • the apparent causes and contributing factors of the accident
    • any citations or violations issued
    • any injuries or fatalities reported
    • any statements made by the parties involved
    • diagrams or sketches of the scene

  The police report establishes many of the facts of the case and can be used as evidence of fault and
  liability in your truck accident claim. As police are trained to evaluate auto accidents and assign
  fault, their judgment goes a long with with insurance adjusters and in the court system.

• Photos and videos — Photos and videos can provide visual evidence of the damage and harm caused by
  the truck accident. You should take photos and videos of the following:
  • • The accident scene from different angles and distances
    • The vehicles involved in the crash, including all points of impact, damage caused by the accident and
      any identifying information (such as business name and number if it is a commercial vehicle)
    • Any tire or skid marks on the road
    • Any dangerous hazards or conditions in the road that may have contributed to or caused the accident
    • Any inclement weather conditions
    • Any debris scattered on the road
    • Your injuries and those of anyone else in the crash
    • Any other relevant details or factors that may be related to the collision

  Take as many pictures as you can. A tiny detail that may seem insignificant at the time may end up being
  crucial to your claim. You should also look around and note whether there are any video cameras or other
  surveillance equipment around that may have recorded the accident. In many cases, a video can provide
  concrete evidence of what exactly occurred.

• Witness statements — Witnesses can include other drivers, passengers, pedestrians, bystanders or
  business owners. Witnesses can help corroborate what happened and who was responsible for the crash. Ask anyone
  who saw the crash for their contact info so you and your truck accident lawyer can get a hold of them later. If
  they’re willing, ask them if you can record them talking about the crash or if it’s OK to write down what they
  say.
• Information about the truck driver, the truck and the trucking company — Get the license plate of
  the truck, the truck driver’s license number and any information relating to the truck or trucking company. You
  need this information in order to make a claim against the correct party. If you feel up to it, you can ask the
  truck driver about what happened and what they did, but don’t get confrontational.

After collecting evidence at the scene, get medical treatment as soon as you can, preferably right away. You need to
be treated not only to recover from your injuries, but in order to make a claim.

Evidence and Records You Need to Hold Onto Throughout Your Truck Accident Claim

Evidence from the scene goes a long way in establishing negligence and the facts of the case. You also need proof of
damages to show the extent and impact of your injuries and how they have affected your life. To do that, keep
organized records of:

• Medical records — Medical records are documents that show your diagnosis, treatment, prognosis and
  expenses related to your injuries from the truck accident. Medical records can include hospital bills, doctor’s
  notes, prescriptions, lab tests, x-rays, MRIs, surgery reports, physical therapy sessions, chiropractor
  appointments and more. Medical records can be used as evidence of your injuries and expenses in your truck
  accident claim. You should keep copies of all your medical records related to your injuries from the truck
  accident. You should also follow all of your doctor’s orders and recommendations regarding your treatment and
  recovery. You can read about how to get
  copies of your medical records here.
• Income records — Income records are documents that show your earnings before and after the truck
  accident. Income records can include pay stubs, tax returns, W-2 forms, 1099 forms, bank statements or any other
  documents that show how often and how much you get paid. Income records can be used as evidence of your lost
  wages and earning capacity in your truck accident claim. You should keep copies of all your income records
  related to your earnings before and after the truck accident so you can be fully compensated for your lost
  wages.
• A journal — You can keep a daily journal to help provide evidence for your pain and suffering damages. Your journal
  can include information such as:
  • The date and time of each entry
  • The location and intensity of your pain
  • The duration and frequency of your pain
  • The activities or movements that trigger or worsen your pain
  • The medications or treatments that relieve or reduce your pain
  • The impact of your pain on your daily life, such as sleep, mood, relationships, work, hobbies and more.
    If your truck accident claim disrupted your ability to enjoy life, either in the short-term or
    permanently, you deserve compensation for that.
• Out-of-pocket expenses — The trucking
  company owes you compensation for all of your damages related to the accident, including any expenses not
  listed in your medical records or mechanics’ bills. Out-of-pocket expenses can include transportation to and
  from medical appointments, hiring help for household chores, childcare and more.

As you keep records of how your injuries affect you, your truck accident lawyer will proceed with their investigation
and collect more evidence, including truck company records.

Evidence to Collect From the Trucking Company

Federal commercial driver regulations require
truck drivers and trucking companies to follow strict protocols. The Federal Motor Carrier Safety Administration mandates that several
records must be kept for a certain period of time under Code of Federal Regulations 49. The evidence your injury
attorney can demand from the trucking company includes:

• Truck driver’s logbook — A logbook is a document that records the hours of service of a commercial
  truck driver. A logbook shows when the driver started and ended their shift, how long they drove, how long they
  rested and where they stopped. A logbook can be used as evidence of violations and negligence in your truck
  accident claim. For example, if the logbook shows that the driver exceeded the federal limits on driving time or
  did not take enough breaks, it may indicate that the driver was fatigued or drowsy at the time of the crash.
• Black box data — Just like a plan, commercial trucks have a black box that record various data,
  such as speed, braking, steering, acceleration, deceleration and more. A black box can be used as evidence of
  negligence and causation in your truck accident claim. For example, if the black box data shows that the driver
  was speeding, did not brake properly or swerved erratically before the crash, it may indicate that the driver
  was reckless or distracted at the time of the collision.
• Dashcam footage — A dashcam is a camera that records video footage from inside or outside a
  commercial truck. Dashcam video will show if the driver was texting, drinking or sleeping while driving before
  the crash, indicating that the driver was impaired or inattentive at the time of the collision.
• Maintenance records — Maintenance records are documents that show the history of repairs and
  inspections of the truck and its components. If commercial trucks are not inspected and maintained as federal
  law requires, the trucking company and truck driver can be found liable for your injuries. For example,
  maintenance records may show that the truck had mechanical defects or failures that were not fixed or detected,
  which may affect the truck’s safety or functionality.
• Trucker’s personnel file — The trucker’s personnel file is a document that contains information
  about the truck driver’s qualifications, training, performance and history. If the driver did not have the
  proper licensing, training and qualifications, or if they have a history of violations or disciplinary actions,
  it could indicate incompetence and recklessness.
• Alcohol and drug testing — Federal law also requires commercial truck drivers to be periodically
  tested for alcohol and a variety of drugs and illegal substances. Drug and alcohol use not only impairs a truck
  driver’s judgment, reaction time and coordination, but it’s illegal, making the truck company guilty of negligence per se. Anytime a truck driver is
  involved in a crash that injures or kills someone, they must be drug tested within two hours of the crash.
• Shipper documents — Shipper documents are documents that show the details of the cargo that the
  truck was carrying at the time of the accident. Shipper documents can be used as evidence of negligence and
  liability in your truck accident claim. For example, shipper documents may show that the cargo was overloaded,
  improperly loaded, unsecured, hazardous or defective, which can affect the truck’s weight, balance, stability
  and performance and lead to an overloaded and overweight.

Most of the above records can be found by requesting it from the trucking company. If they don’t cooperate, you and
your truck accident lawyer may need to file a lawsuit in order to
subpoena the evidence through discovery.

Preservation of Evidence in Truck Accident Claims

Another important step you can take after a truck accident is to preserve evidence that you have collected or
obtained. You and your truck accident lawyer can only present the evidence that’s available.

To ensure no evidence is lost, you can take the following steps:

• Send preservation letters — A preservation letter, also known as a spoliation letter or a
  litigation hold notice, is a formal written directive that instructs the liable party – in this case the
  trucking company – to preserve certain evidence that could be relevant to a future lawsuit. You should
  send preservation letters to the trucking company, the truck driver, the truck manufacturer the insurance
  company, and any other potential defendants or non-parties that may have important evidence in their possession.
  Once they receive your preservation letter, they are put on notice that they cannot destroy, modify or dispose
  of any evidence that you expect to use in your claim. If they do so, they may face legal consequences for
  spoliation of evidence. Your truck accident lawyer will write and send the letter to the appropriate parties for
  you.
• Store the evidence safely — You should store the evidence that you have collected or obtained in a
  safe, secure and organized place. You should also keep a record of where and how the evidence is stored and who
  has access to it. Make copies of physical evidence and backups of any electronic or digital evidence, such as
  photos or videos.
• Hire an expert witness — In some cases, you may need to hire an expert witness to examine, analyze
  or interpret some of the evidence for your truck accident claim to corroborate the truck driver’s liability. An
  expert witness is a person who has specialized knowledge, skills or experience in a certain field that is
  relevant to your case. For example, you may need an expert witness to inspect the truck for mechanical defects,
  review the black box data for driver errors, reconstruct the accident scene for causation or calculate future
  medical bills for your compensation. An expert witness can help you preserve and present the evidence in a
  professional and credible manner. Experienced truck accident attorneys like those at Burger Law have networks of
  expert witnesses they can use to help win your case.

What to Do If Evidence Is Missing or Incomplete

Sometimes, despite your best efforts, you may find that some of the evidence for your truck accident claim is missing
or incomplete. This may happen because:

• The evidence was not collected at the scene
• The evidence was lost or damaged during storage or transport
• The evidence was destroyed or altered by the other parties
• The evidence was inaccessible or unavailable
• The evidence was insufficient or inconclusive

Missing or incomplete evidence can pose a challenge for your truck accident claim, as it can weaken your case and
make it harder to prove your allegations. However, with the help of a skilled lawyer, there are some strategies that
you can use to handle this situation and overcome this challenge. These include:

• Using alternative sources of evidence — If some of the evidence is missing or incomplete, you may
  be able to find alternative sources of evidence that can serve the same purpose. For example, if the dashcam
  footage from the truck is unavailable, you may be able to use footage from nearby surveillance cameras or
  traffic cameras. If the truck driver’s logbook is incomplete, you may be able to use receipts or GPS data to
  track their movements and hours of service.
• Using circumstantial evidence — If some of the evidence is insufficient or inconclusive, you may be
  able to use circumstantial evidence to infer what happened and who was responsible. Circumstantial evidence is
  indirect evidence that implies a fact without directly proving it. For example, if the truck driver’s blood test
  results are inconclusive for alcohol or drugs, you may be able to use circumstantial evidence such as their
  erratic driving behavior, their slurred speech or their empty bottles in the cab to suggest that they were
  impaired at the time of the crash.
• Using legal remedies — If some of the evidence is destroyed or altered by the other parties, you
  may be able to use legal remedies to hold them accountable and seek compensation. For example, if the trucking
  company intentionally deleted the black box data after receiving your preservation letter or within the time
  frame in which they were supposed to keep it, you and your truck accident lawyer may be able to file a motion
  for sanctions against them for spoliation of evidence. The court may impose
  penalties such as fines, contempt orders, adverse inference instructions or dismissal of their defenses.

How an Experienced Truck Accident Lawyer Can Help Overcome Evidentiary Challenges

Evidence is crucial for your truck accident claim, but it can also be challenging to collect evidence and know what
to hold onto. That is why you need an experienced truck accident lawyer who can help you overcome any evidentiary
challenges and strengthen your case. Your attorney’s job is to handle the legal aspects of your claim for you, so
you can focus on healing. A skilled truck accident lawyer can help you with your evidentiary issues by:

• Conducting a thorough investigation — A truck accident lawyer can conduct a thorough investigation
  of your accident and gather all the relevant and available evidence for your claim. A truck accident lawyer can
  also access and obtain evidence that may be difficult or impossible for you to get on your own, such as those
  held by the trucking company or their insurance company.
• Preserving and protecting your evidence — A truck accident lawyer can help you preserve and protect
  your evidence by sending preservation letters, storing the evidence safely, hiring expert witnesses and
  monitoring the other parties’ actions.
• Presenting and explaining your evidence — A truck accident lawyer can present and explain your
  evidence in a clear, compelling and persuasive manner. A truck accident lawyer can also use alternative sources
  of evidence, circumstantial evidence and legal remedies to fill any gaps or resolve any disputes in your
  evidentiary record.

Missouri and Illinois Truck Accident Lawyers | Burger Law

You need an experienced truck accident lawyer to get the best results in your claim. A truck accident lawyer can help
you gather, protect, and present the evidence for your claim. A truck accident lawyer can also help you negotiate
with the trucking company or their insurance company and fight for the maximum compensation you deserve.

If you have been injured in a truck accident, do not hesitate to contact Burger Law for a free consultation. Burger
Law is a personal injury law firm with a proven track record of success in truck
accident claims. Call Burger Law today at or fill out our online
contact form to speak to a St. Louis truck accident attorney for free.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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