4. Strengthen Your Case Aside from the initial police report in a truck accident case, your lawyer will collect evidence to strengthen your legal claim. Your attorney's responsibilities extend well beyond the initial police report. They play a pivotal role in amassing a wide range of evidence to fortify your legal claim. Work with your attorney to provide any key details requested.

To strengthen your case, your attorney utilizes:

  • Medical Documents Collecting medical records and bills to vividly showcase the extent of injuries, treatment and revlated expenses, solidifying the physical and financial impact of the accident.
  • Vehicle Records Examining maintenance logs, inspection reports and records detailing the truck's condition, providing insight into potential vehicle defects or lapses in maintenance.
  • Electronic Data Recorders (EDRs) Extract data from the truck's EDR, when available, to uncover critical information about speed, braking and other operational details leading up to the collision.
  • Driver Logs Scrutinizing records of the truck driver's hours of service, rest breaks and adherence to federal regulations, especially if driver fatigue is a potential factor.
  • Cell Phone Records Reviewing the driver's cell phone records to determine if distracted driving was involved, a significant concern in many accidents.
  • Dashcam Footage If the truck was equipped with a dashcam, this footage can offer an invaluable firsthand account of the accident's events.
  • Employer Records Examining the trucking company's records, including hiring practices, training and any history of safety violations, to assess liability.
  • Weather and Road Condition Reports Accessing reports on weather and road conditions at the time of the accident to evaluate environmental factors that may have contributed to the crash.
  • Property Damage Estimates Gathering assessments and repair estimates to quantify the financial implications of vehicle damage.
Can a trucking company hide evidence?

The trucking company has control over a lot of evidence that could be useful to your recovery. This evidence includes the truck itself, driving logs for the trucker, inspection and maintenance reports and the results of the trucker’s alcohol and drug testing. Many trucking companies are large businesses - this isn’t their first rodeo. According to Wisconsin trucking statistics, multiple crashes occur every day. Your attorney knows the legal papers to file to compel the trucking company to preserve evidence.

5 Laws Effecting Your Claim

What NOT to do after a truck accident 11 BIG mistakes

After a traumatic truck crash, mistakes made in the aftermath can severely undermine your injury claim or ability to recover fair compensation.

Avoid these common errors that plaintiff attorneys see compromise clients’ cases:

  • Failing to Report the Accident Leaving the scene without contacting law enforcement makes proving your version of events difficult. Police reports provide vital evidence. Always report the incident no matter how minor it appears.
  • Declining Medical Care Refusing evaluation and treatment gives the impression injuries from the truck accident were non-existent or not serious. Get checked out immediately, even if you feel fine. Diagnosis of certain conditions takes time.
  • Not Calling an Attorney Quickly Truck crash cases have rigid regulations on evidence timing and strict deadlines. An attorney starts building your claim immediately, long before filing a lawsuit. Delaying contacting counsel squanders valuable prep time.
  • Missing Work Deadlines Employers often require prompt incident reports after injuries. Tardy paperwork can invalidate workers’ compensation claims. Your attorney can ensure compliance.
  • Failing to Document the Scene Without photos of damage, conditions, markings, etc., reconstructing the accident during litigation is challenging. Thorough documentation provides visual evidence.
  • Not Preserving Truck Records Not Preserving Truck Records
  • Making Statement on Social Media Speculating about the cause, parties at fault or your injuries on social media hands the defense ammunition. Avoid posts about your accident.
  • Providing Recorded Statement Defendants want a recorded statement hoping for damaging admissions. Decline to provide one without counsel present.
  • Accepting Quick Settlement It takes months to fully calculate damages like medical bills, lost wages and other losses. Settlements offered immediately are likely below actual worth.
  • Relying on Police Report Police likely did not witness the accident, so reports often contain errors favoring the trucking company. Witness statements, photos and other evidence provide a clearer picture.
  • Getting Your Vehicle Fixed Too Soon Your vehicle may be significant evidence in your case. Accordingly, you should talk to your personal injury lawyer before your vehicle is fixed.

Do Not Speak With the Truck Driver’s Insurance Company

Frequently, the insurance company representing the truck driver involved in the accident will make an effort to reach out to you before you've had a chance to secure legal representation. Agreeing to provide a statement to the truck driver's insurance company is a risky move.

Such statements, far from being helpful, often have the potential to adversely impact your case. It’s the name of the game and trucking companies do it well.

A better approach is to provide the insurance company with the name and contact information of your attorney. Once they are informed that you have legal representation, they are obliged to cease direct contact with you. Your attorney can manage the communication, negotiations and legal aspects of your case on your behalf. It's a vital step in preserving the integrity of your trucking accident case and optimizing your chances for a favorable outcome.

Lowball Offers: What if the case can’t be settled

If your attorney can’t secure a full-value settlement for your truck accident case, the next step is initiating a lawsuit. Your attorney will electronically file a Summons and Complaint in the appropriate county, the venue for the case. Written interrogatories and a document production request will be served on the truck driver, the trucking company and their insurance company simultaneously with the Summons and Complaint filing.

The insurance company that provides coverage for the truck driver and the trucking company will hire a lawyer to represent the defendants. This attorney has 45 days following the service of the Summons and Complaint to file an Answer with the Court. Usually, the lawyer for the defendants will deny all liability and deny that you sustained any significant injury and damages in the truck accident.

Warshafsky truck accident lawyers will advise you on what to do after a truck accident in Milwaukee and Southeast WI. Contact us for a free case evaluation. No fees unless you win!