Is The Truck Driver Trying to Blame You for an Accident?

October 17, 2022 | Posted by: The Law Giant, Personal Injury & Accident Lawyers

A truck accident caused by someone else’s negligence can leave you with hefty medical bills, lost wages, pain and suffering, emotional distress, and other damages. The crash can be even more daunting if a truck driver tries to blame you for the crash when you were not at fault.

Being blamed for a truck crash is frustrating, but there are ways to present your case and hold the right party accountable.

Proving Fault in a Truck Accident

There are several ways you can prove the truck driver or the company they work for was responsible for your crash, including:

Review the Police Report

One of the most effective ways to prove fault after a truck accident is through a police report. This document will contain evidence that discusses liability, such as the arriving officer’s opinion and written statements from you, the involved parties, and any witnesses.

Since insurance companies are in business to make money, they likely want to find you responsible for a wreck. Having a credible police report to back your story up can prove otherwise.

Consider Using Accident Reconstruction

You may need an accident reconstruction expert to help prove that you were not liable for the wreck. Similar to how coroners investigate a cause of death, accident reconstruction experts investigate the cause of a crash. They will likely visit the accident scene, inspect vehicle damage, review medical records, watch video footage, and examine photographs to analyze what happened and who is at fault.

Accident reconstruction experts may also use a computer program to recreate the crash and prove liability. They may obtain data from any black boxes found in the vehicles.

Black Box

A black box is officially known as an event data recorder. It collects information about a vehicle and how it was driven before, during, and after an accident. This includes things like steering patterns, acceleration and speed records, airbag deployment, and brake engagement.

A truck’s black box might reveal the driver failed to use their brakes or drove over the speed limit. Alternatively, your car’s black box can help prove you were driving safely or attempted to prevent the crash.

Keep Your Own Documentation

Use your phone or camera to document the accident scene, vehicle damage, and any injuries you may have sustained. Jot down what you can remember right after the accident occurs. It can be easy to forget the exact details of the crash as time passes, so maintaining your own documentation is essential.

Issue a Subpoena Request

A subpoena requires a party to release items or documents over to an investigation. It may also require them to appear in court. If they do not oblige, they can face serious consequences.

A subpoena can bring evidence to prove liability in personal injury cases. When serving a subpoena to a truck driver and their trucking company, examples of records your lawyer could request include:

Truck driver’s employment history
Drug test results
Company guidelines, training policies, manuals, etc.
Driver performance evaluation results
Previous accident reports involving the truck driver
Truck maintenance records
Copy of driver’s license
Cell phone records from around the time of the accident
Previous health records and medical documents
Insurance files related to the truck driver

Reach Out to a Truck Accident Lawyer

Once you’ve received medical attention and documented the scene, it’s important to consult an attorney. A personal injury lawyer is well-versed in state and federal trucking regulations and can ensure you are not blamed for a crash that was not your fault.

You can count on the Texas truck accident lawyers at The Law Giant, Personal Injury & Accident Lawyers to investigate and interview witnesses to determine who may be liable. They can handle all conversations with the trucker and their insurance company so that you can focus on recovering.

Injured in a Truck Accident? Contact The Law Giant

Truck accidents are often frightening, and the aftermath can be complicated. Rather than trying to prove liability and navigate your case on your own, call The Law Giant, Personal Injury & Accident Lawyers as soon as possible. We’ll take the time to gather solid evidence and perform a comprehensive investigation so that you don’t have to blame for an accident caused by someone else.