Multiple parties are responsible for ensuring a commercial truck is driven by a qualified driver, loaded safely, and well maintained to prevent injuries to others. After a truck accident, compelling evidence is needed to identify the responsible party and prove liability for damages, but what evidence do you use in a Washington truck accident claim?
Under RCW 5.40.050, Washington law states the following:
“A breach of a duty imposed by statute, ordinance, or administrative rule …may be considered by the trier of fact as evidence of negligence …”
In other words, the evidence in Washington truck accident claims must show that one or more parties were negligent by failing to follow federal trucking regulations or take reasonable care.
The Police Report of the Accident
When the police arrive at a truck accident, they generate a police report that becomes key evidence in a Washington truck accident claim. The report includes the make and model of all involved vehicles and the truck’s Department of Transportation (DOT) identification number. It also includes the contact and insurance information of involved drivers and any eyewitnesses. The report often has notes on the responding officer’s observations of the accident scene.
Evidence Gathered at the Accident Scene
Besides the notes of emergency responders at the scene, there is often evidence preserved from the accident scene, including photos from nearby security cameras, dashcam videos, and photographs taken at the scene showing the damaged truck and vehicle(s), skid marks, traffic signs and signals, and anything else that’s relevant to the accident.
Black Box Evidence and Truck Logging Data In Washington Truck Accident Claims
Most large commercial trucks now come equipped with information-recording devices commonly known as “black boxes.” These devices store critical data of the moments before the accident and the crash itself. The data may show the truck’s speed at the time of the accident and the function of the brake and steering systems, as well as any mechanical failures that may have led to the crash.
Trucking companies also monitor and log a driver’s hours of service and truck maintenance records. These logs are invaluable evidence in a claim.
It’s important to hire a Washington truck accident attorney to immediately request this crucial data from the trucking company and conduct a thorough investigation into all aspects of the accident. A truck accident attorney’s investigation progresses independently of the insurance company’s investigation and prioritizes your best interests, while the insurance company’s focus is on protecting company profits at the injury victim’s expense.
A Washington Truck Accident Victim’s Medical Evidence and Proof of Economic Losses
Besides evidence of trucking company negligence and liability, a successful claim requires evidence of economic damages as well as physical injuries, pain, and suffering. This often includes the following:
- The medical reports detailing the injuries and required treatment
- Medical bills and receipts
- Receipts for out-of-pocket costs related to the injuries
- Employer statements showing lost wages and/or the injury’s impact on the victim’s ability to perform work tasks
- Direct deposit slips and tax records showing typical income before the accident
A skilled Washington truck accident lawyer also consults with medical experts and occupational therapists to determine the pain level of the injury and its impact on other aspects of life. If the injury is catastrophic, evidence may include estimates of permanent costs, such as for lifetime care needs.