When someone else's actions lead to your injuries, that person is considered to be negligent. If those injuries led to costs such as medical bills and lost wages, then you might want to consider filing a personal injury case. After all, most personal injury cases hinge on proving negligence. Your first step will be to contact a personal injury attorney, but before you do that, you might want to browse this website and learn a little more about personal injury law and personal injury attorneys, in general. We've provided plenty of helpful articles to ensure you are well-informed, so start reading.
Essential Information Your Legal Advisor Uses to Prove a Drunk Driver Is Responsible in a Truck Collision
Many crashes involving big rigs are caused by errors made by truck drivers. For instance, a trucker may get behind the wheel while drunk, which affects their driving ability and decision-making. Their compromised status could make them cause a collision that injures innocent road users. You may be eligible for compensation if this happens to you, and a truck accident attorney can help you to get your settlement. They use the following essential information to prove that the trucker was drunk and help you get a favorable payment.
Results From Tests Taken After the Crash
Trucking companies are obligated to test their drivers after they cause a fatal accident that causes severe damage or fatalities. They must undertake the tests within a few hours after the collision to ensure accurate results, and this information can be very useful when proving negligence. Unfortunately, some companies do not undertake these tests, while others wait until several hours after the crash, allowing the alcohol to leave the driver's system.
Such actions make it challenging to prove that their driver was intoxicated. Thus, ensure that you inform your lawyer about the crash immediately after it happens. The attorney arrives on the scene and ensures that the trucker takes the necessary tests to prove that they were driving under the influence.
Statements From People Who Witnessed the Collision
Witness statements are also useful in proving that the party responsible for the crash was drunk. To obtain these witnesses, your lawyer locates and interviews eyewitnesses who saw the trucker driving carelessly. They also review witness statements included in the police report. This enables them to determine whether the information provided to the police matches that provided to your attorney. Additionally, your legal advisor seeks witnesses who saw the driver drinking or using drugs before they started to drive.
Electronic Records From the Trucking Companies
Many states require trucking companies to keep electronic records of the truck's hours on the road, its speed, and driving patterns. This information can help make the case that trucker was probably drunk, especially if they were driving recklessly, while the records show that they were well rested and not overworked. Unfortunately, some trucking firms may tamper with or destroy such evidence to protect their employees. Therefore, your lawyer contacts the trucking company and instructs them to preserve this evidence, which helps them prepare a strong claim.
A truck driver who causes a collision and injures you while drunk should compensate you for the losses caused by the crash. The trucking company might also be liable for their employee's actions if the crash occurred in the employees' scope of employment. Accordingly, a lawyer can identify the responsible parties in your case and file lawsuits against them to ensure that they compensate you for your damages.
Reach out to a law firm to learn more.