Preserving evidence and the initial actions involved in preparing the truck accident case is of paramount concern to a truck accident lawyer. The following are the most essential steps in preparing a Florida trucking accident.
- Obtain all items of evidence and preserve such: It is vital to retain an investigator to examine the accident scene, take photos of the roadway including skid marks and interview all available witnesses. If possible, have the investigator secure as many witness statements as possible.
- Request the police/incident report, any investigative reports prepared by a governmental agency and all photographs.
- Have the investigator photograph the truck and all motor vehicles involved in the collision.
- Prevent the spoliation of all items of evidence: I cannot state how important it is to send a letter of representation via certified mail to the owner of the truck. The letter must request that the owner preserve the truck to enable you (or your expert) to examine such in its present condition before repairs are performed. You must also spell out the electronic date and other records relating to the truck or incident in question. Specifically, you should request: a.) all logs including mileage and maintenance, b.) any satellite tracking date kept by the trucking company to monitor location of their drivers, c.) any filings with the Department of Transportation and any other agency’s.
- Order a motor carrier profile. A motor carrier profile will enable you to learn of all reported accidents and violations relating to the trucking carrier. This report generally goes back at least two years.
- If there is a likelihood of high damages or potentially high damages, it would be prudent to strongly consider retaining the following a.) truck safety expert, b.) truck maintenance expert, c.) accident reconstructionist, among others.
If you are interested in learning more about this area of the law, please contact the truck accident lawyers at the Dolman Law Group at: (727) 451-6900. You may also keep up with our blogs posted at www.dolmanlaw.com and www.injuredbytrucker.com