Truck accident cases are all about evidence. To prove that the truck driver was negligent, you must show exactly what they did and compare it to what a reasonable truck driver would have done under the circumstances. It is not always easy to gather evidence about what happened in the wake of a truck accident, especially when you are dealing with serious injuries.
The truck driver will rarely admit what they did, and their employer has every incentive to hide the ball from you because they know it can save them money. You are left to find other sources of evidence that can prove that the truck driver was to blame for the crash.
One way to prove what a truck driver did is through the black box data from the truck’s recorder. This critical source of evidence gives metrics and data on what the truck driver did leading up to the accident. However, black box data is in the possession of the trucking company until you can get your hands on it through the discovery process. That does not happen until you have already filed your lawsuit and made your way through part of the legal process.
There are other ways to prove what happened in your truck accident. Witness testimony is always helpful because it often comes from objective third parties who have no interest in the ultimate outcome of the case. There are not always witnesses who saw what occurred who can be located to testify, leaving you looking for other ways to prove that the truck driver was responsible for the crash.
Dash Cam Footage Can Help Prove Liability in Your Accident
Dash cam footage is a compelling way to show what caused the accident. So long as you are following the law with where you keep your dash cam in South Carolina, you can get critical proof that you can use in a truck accident claim or lawsuit. Dash cam footage can actually win a truck accident case for you.
There are two types of dash cams that can record footage:
- Some individual drivers will buy their own dash cams to protect themselves legally when they are behind the wheel.
- Commercial trucks will have their own dash cams, in part to monitor the trucker and improve their own safety.
Both types of footage can be usable in a truck accident claim. Of course, you will have ready access to your own footage, and you will not need to make any requests to get the evidence in the court process. On the other hand, your lawyer will need to make a request for relevant evidence in the discovery process. There is no legal requirement for trucks to have dash cams, so the trucking company can quickly try to destroy evidence unless you immediately hire a lawyer who directs them to preserve evidence in advance of a possible trial.
Before you use your own dash cam footage, you must ensure that it does not show that you did anything wrong yourself because a trucking company can use that to try to reduce your own financial recovery.
The dash cam footage does not have to come from your own car. Other drivers in the vicinity may have had their own dashcams operating. If your lawyer can track down witnesses, they may learn that others recorded the accident. Most likely, this footage will be every bit as useful and admissible as if you recorded it yourself.
How a Dash Cam Can Help Your Legal Case
Here are some things that a dash cam might show:
- The truck driver did not properly check their blind spot before changing lanes.
- The truck driver was distracted and on their mobile device at the time of the accident.
- The truck driver was being reckless or was speeding at the time of the accident.
Dashcam footage gives you practically incontrovertible evidence of what happened. There are very few ways that a trucking company can explain what clearly shows up on video footage. Dash cam footage may contradict the trucker’s excuse for the accident.
For example, in one crash, dash cam footage showed the trucker nodding off before the accident when he had said that a tire blew out on his truck. The video will give your lawyer a powerful weapon to use at trial and may make a trucking company think twice about being difficult in settlement negotiations.
There are two types of dash cams that are located inside trucks. There is a forward-facing camera that looks from the truck onto the road and records what is happening on the highway around the truck. There is also a driver-facing camera that records the driver’s actions at the time of the accident. For example, if the driver was distracted or fatigued, it may be apparent from the dash cam footage.
Contact a Greenville Truck Accident Lawyer Today
If you or a loved one have suffered an injury in a truck accident, you may be entitled to significant financial compensation if you can prove that the truck driver was at fault. You should not take anything for granted, and you should hire an experienced and determined lawyer to represent you. Trucking companies and their insurance carriers try to make things as hard for you as possible.
To schedule your free initial consultation, you can message us online or call us today at (864) 280-7660.
Truck Accident Case FAQs
Will my truck accident case end in a trial?
The insurance company has every reason to be afraid of you when the evidence is against them, so they may be motivated to settle your case.
How much is my truck accident case worth?
Each injured accident victim is legally entitled to be paid for the full extent of the damages that they suffered in the crash.
Can I get punitive damages from the trucking company?
Punitive damages are rare in a personal injury case, but they can be awarded when the trucking company did something extremely wrong.