If you get injured in a large truck accident in New Mexico, it will be up to you as the victim to prove that the truck driver, a trucking company or someone else is at fault if you wish to receive financial compensation from that party’s insurance provider. This takes evidence.
Truck accident cases in New Mexico often involve unique types of evidence compared to typical automobile accident cases. It is important to recognize critical evidence so that you can take steps to preserve and collect it before it’s too late.
The Truck’s Black Box
A black box is something unique to trucking accidents that can provide key evidence regarding the truck driver’s actions and the state of the truck in the moments leading up to a crash. A black box is an electronic event data recorder attached to the truck that records operational and performance data before, during and after a truck accident.
This data typically includes:
- Time driven (hours of service)
- Vehicle speed
- Acceleration or deceleration
- Braking application
- Steering maneuvers
- Truck engine performance
- Tire pressure
- Throttle position and gear selection
- Seat belt use
- Airbag deployment
- Exact time and location of the crash
The black box can be one of the most valuable types of evidence for determining who is at fault for a semi-truck accident. It may show proof that the truck driver was speeding or did not correctly apply the brakes, for example, or that the truck needed maintenance. This objective and reliable evidence can help a victim win a case against the truck driver or a trucking company.
Trucking Company Records
A truck company may have many types of evidence that can be subpoenaed or officially requested as part of a trucking accident claim in New Mexico. Trucking company records can reveal issues inherent to the operation, such as poor driver training and hiring protocols or skipped truck repairs.
Relevant evidence can include:
- The trucking company’s federal compliance records
- Company training, hiring, and other policy documents
- The truck driver’s employment and accident history (driver qualification file)
- The truck driver’s medical records and the examiner’s certificate
- Driver’s drug and alcohol testing history
- The truck’s crash history
- Truck maintenance records
- Scheduled truck repairs or part replacements
- Driver inspection reports and daily logbooks
- GPS and dispatch data
- Cargo-related documents
- Video footage from in-cab cameras
Trucking companies are legally required to preserve evidence that is relevant to an accident claim. Despite this rule, some evidence may be tampered with, prematurely destroyed or lost. This is why it is important to act quickly.
Crash Scene Evidence
The scene of the trucking accident can contain important evidence that should be collected immediately, if possible. This includes photographs of the crash scene and damaged vehicles, any footage recorded by nearby traffic or dashboard cameras, and eyewitness names and contact information.
You should also get a police report at the scene. This document can contain an official statement from law enforcement regarding what they believe caused the accident. It can have diagrams of the positions of the vehicles, any citations issued to the truck driver and witness statements that can help piece together what happened.
Expert Witness Testimony
An expert witness is someone with advanced knowledge, training, education, or experience in an area that is relevant to a personal injury case, who is hired to provide testimony to clarify complex issues during the claim.
In a trucking accident case, for instance, a crash reconstruction expert may analyze the evidence and testify regarding the cause of the crash or what the defendant should have done differently to prevent it. Medical experts may also be hired to help prove the victim’s injuries and related losses.
Cell Phone Records
Distracted driving is common among truck drivers, such as cell phone use, watching movies and videos, reading, personal grooming, fiddling with the radio, and looking at a GPS. Cell phones are the most significant type of truck driver distraction. Obtaining the truck driver’s cell phone records can provide evidence showing that the driver was distracted at the time of the crash, and that this caused the collision.
Evidence of Losses
In addition to proving fault for your trucking accident, you must also provide evidence showing that you suffered real and compensable losses because of the crash. These losses, also known as damages, are what qualify you for financial compensation from the trucking company or another party.
They may include:
- Current and future medical expenses
- Vehicle or personal property damage
- Lost wages and employment opportunities
- Lost capacity to earn due to a disability
- Physical pain, emotional suffering and mental trauma
- Loss of enjoyment of life
- The wrongful death of a loved one
Evidence to establish your damages can take the form of medical records, notes from doctors, vehicle repair estimates, receipts for out-of-pocket costs, wage and employment statements, photographs of your injuries, and an injury or pain journal. An attorney can help you gather evidence of your losses to clearly demonstrate the impact the truck accident has had on your life, livelihood and future.
An Attorney Can Help With Evidence for Your New Mexico Truck Accident Case
The claims process can be daunting, with standards of evidence that you must meet as the plaintiff or injured party – especially because you will also be contending with the rapid response team sent by the trucking company. This team’s job is to investigate and collect evidence that the trucking company may be able to use against you.
The best thing you can do for your case is to hire a truck accident lawyer to investigate the crash, preserve and collect evidence, and go up against the defendant(s) on your behalf. An attorney can collect black box data, issue subpoenas and letters of preservation, conduct eyewitness interviews, hire high-quality crash experts, and take other steps to collect the greatest amount of evidence possible.
Most importantly, an attorney can build a compelling story around your truck accident evidence to convince a judge or a jury of the validity of your claim. The narrative built around your evidence is just as important as the evidence itself. Consult with a highly experienced truck accident attorney at the Fine Law Firm to learn how we can help you prove your claim during a free consultation in New Mexico.