Despite the severity of the damage they can cause, truck accidents can happen to anyone. Fortunately, there are ways to receive financial compensation, though this is difficult without proof.
In Virginia, strong evidence matters even more because the state follows strict contributory negligence rules. Even if you are only partially at fault, you may not be able to recover damages. With this in mind, it is important to know which evidence to look out for after a truck accident.
What evidence should you gather?
Virginia uses a fault-based tort system, which means that you may be eligible for compensation if you can prove that the truck driver is responsible for causing an accident. You must also prove that either the truck driver or the trucking company is liable for the accident. To determine who is at fault, courts often examine:
- Photographs and videos such as surveillance footage, pictures of the aftermath and dashcam footage
- Truck records, including black box data, driver logs and maintenance and inspection records
Testimonies from people present at the scene of the accident - Identifiable details such as the truck driver’s name, the truck’s license plate, DOT number and company name
- Police accident reports and their findings
- Medical records and bills with documentation of injuries, treatments and costs
- Property damage records, such as repair estimates and replacement values
When gathering evidence, it is important to do so quickly. Witnesses may forget crucial details and footage can vanish. Virginia has a two-year statute of limitations for personal injuries, which means you only have two years from the date of the accident to file a lawsuit. Special rules can either shorten or extend deadlines, such as claims involving government defendants, minors or wrongful death.
What is the importance of gathering proof after a truck accident?
It is difficult to win a truck accident claim without proof. Evidence is what courts use to establish liability. It can also determine how much you can recover following an accident, as courts can read medical records and repair estimates to determine damages. This way, you can receive adequate compensation after a truck accident, potentially helping you make up for lost wages, medical bills and repair costs.