Evidence Collection after a Truck Accident

Truck accident evidence wins cases. Large trucks are involved in 5,500+ accidents in Ohio annually, resulting in over 140+ deaths and 2,400+ injuries a year. Victims in these accidents must prove negligence and fault, which requires a thorough truck accident investigation and sufficient evidence.

At Ohio Truck Accident Help, we collect the crucial evidence necessary to help you receive the compensation you deserve.

Truck Accident Evidence Shapes Investigations

Truckers have a duty of care to everyone on the road, which, if breached, allows you to seek compensation. Pursuing a lawsuit requires the other party to violate this responsibility.

Evidence shapes investigations because multiple parties may be at fault for the accidet, and gathering and presenting evidence is your best chance at receiving a fair settlement.

Time is of the essence to prove fault in your accident and seek the maximum compensation possible in your case. Collecting the right evidence quickly, before it disappears, offers you the best possible outcome in your case.

What Evidence is Collected?

Police Reports – Include fault assessments, officer observations, citations, traffic and weather conditions, and noted violations.
Black Box Data (ELD) – Records speed, braking, malfunctions, and driving hours to show potential rule violations or reckless driving.
Witness Statements – Provide neutral accounts to support or challenge claims by drivers involved in the accident.
Injury Reports & Medical Records – Document diagnoses, treatment plans, and long-term effects to prove the severity of injuries.
Photos & Videos – Visual evidence of damage, injuries, debris, skid marks, and weather to help reconstruct the crash.
Dashcam & Surveillance Footage – Real-time video from vehicles or nearby cameras can confirm fault and reveal contributing factors.
Truck Maintenance Records – Show mechanical issues, service history, or neglect by the truck owner or maintenance provider.
Toxicology Reports – Indicate whether the truck driver was impaired by drugs or alcohol at the time of the crash.
Trucking Company Records – Reveal hiring practices, policy violations, or systemic safety failures that contributed to the crash.
Accident Reconstruction Reports – Scientific analysis using collision physics, vehicle dynamics, and expert insights to show how the crash occurred.

How Attorneys Gather Evidence after Truck Accidents

Attorneys play a critical role in gathering evidence in truck accident investigations. They lean on their expertise and experience to preserve and gather evidence that will support your claim.

Send a Spoliation Letter

Attorneys help protect evidence by sending a spoliation letter, which is a legal notice sent to the trucking company or other parties demanding that they preserve evidence such as driver logs, maintenance records, and black box data.

Use Discovery Tools

When a lawsuit is filed, attorneys can use discovery tools to gather evidence, including:

Subpoenas to force third parties to produce evidence, such as driver logs, surveillance footage, phone records, or medical records.
Interrogatories to get key written questions answered by the defendant(s) under oath, such as “Was the vehicle in the crash registered in your name?” Interrogatories cannot be used to ask questions that draw legal conclusions, but they can be used to get important details and facts about the case.

Discovery tools such as these can help an attorney build a strong case and pursue fair compensation for your losses.

Hire Private Investigators or Accident Reconstructionists

In many cases, attorneys hire professionals to reconstruct the accident using evidence, such as vehicle damage, skid marks, photographs, and witness statements. If possible, these experts can visit the accident scene to get a clearer picture of what happened before the evidence disappears.

Retrieve Black Box (ECM) Data

Lawyers can gather vital black box data to understand what caused the accident or which factors contributed to it. They work with technical experts to interpret this data, including engine diagnostics, truck speed, braking information, and hours of operation.

Subpoena Phone Records

If there’s reason to believe the driver was using their phone at the time of the accident, their phone records may be a key piece of evidence in proving your claim.

An attorney can subpoena phone records to determine whether the driver was texting, calling, or using an app when the accident occurred.

Conduct Witness Interviews

Witnesses have first-hand accounts of the accident. Their testimonies can serve as key evidence for your claim.

An attorney can help conduct or supervise recorded interviews with eyewitnesses, trucking company employees, first responders, or any other witnesses.

Consult with Medical Experts

The more severe the injury, the greater the impact on your quality of life and earning capacity. To demonstrate the true extent of your injuries, an attorney will consult with medical experts and treating doctors to:

Determine the long-term impact and outlook
Assess the severity of the injury
Support claims for future care, as well as pain and suffering

Gathering written opinions or testimony can play a crucial role in your claim. An attorney will have the connections and experience to consult with the right experts.

Gather Proof of Damages

You need ample evidence to succeed with your claim that the other party’s negligence caused your injuries and damages. Attorneys help gather the necessary documentation to show the extent of your losses, including:

Medical bills
Rehabilitation costs
Lost wages

Under Ohio Revised Code Section 2315.18, there are no limits or caps on economic damages. Careful calculation is required to ensure injured victims receive fair compensation.

To achieve this goal, attorneys often consult with financial experts to determine the loss of earning capacity, lifetime care costs, and other losses.

Attorneys have the experience and skill to act swiftly and gather the right evidence using the proper channels. But they also have the ability to analyze and present the evidence to support your claim, whether it’s during insurance negotiations, mediation, or court trials.

The Challenges of Evidence Gathering in Truck Accident Investigations

Gathering evidence after a truck accident isn’t always simple. Without legal experience, key evidence can be lost or destroyed—black box data may be overwritten, trucks repaired, scenes cleared, and records altered.

Attorneys act fast to preserve this evidence and protect your claim. Investigations are also time-consuming and costly, often requiring experts and detailed analysis. The right lawyer has the tools and resources to manage this process and build a strong case on your behalf.

FAQs – Collecting Truck Accident Evidence

How Do Lawyers Gather Evidence After a Truck Crash?

Typically, lawyers start the process by preserving evidence. If possible, they will secure the accident scene. A spoliation letter may also be sent to the trucking company demanding that they preserve all relevant evidence. To physically gather evidence, lawyers will use discovery tools (subpoenas, requests for production, requests for admission, etc.), private investigators, and experts to help gather the evidence they need to support their client’s claim.

What if the Trucking Company Refuses to Share Records?

If a trucking company is reluctant to share records, an attorney can file subpoenas or requests for production to legally compel the release of driver logs, hiring and training documents, maintenance records, internal communications, and other pieces of evidence.

What Should I Do if I Think Evidence was Destroyed or Hidden?

If you have reason to believe that evidence is being concealed or destroyed, contact an attorney immediately. Purposeful destruction of evidence is a third-degree felony in Ohio, and responsible parties should be held accountable. An attorney can take action to preserve evidence, including filing motions and sending spoliation letters. If necessary, your attorney can request emergency court orders to protect key pieces of evidence.

Get Ohio Truck Accident Help with Collecting Evidence

Evidence collection is one of the most critical aspects of filing a truck accident claim. The right steps must be taken to gather and preserve key documents and data that will support your case. Working with an experienced Ohio truck accident attorney can make all the difference in the outcome of your claim.

At Ohio Truck Accident Help, we conduct thorough investigations to get the evidence we need to pursue maximum compensation for our clients.