As a long haul trucker, you need to know what information is vital to your defense if you are involved in a serious accident involving damage, injury, or loss of life. In that sort of accident, it is vital that legal counsel be involved immediately to assure that evidence necessary to defend you legally is preserved. Here is a list of steps to take and important evidence if you are involved in a serious accident.
Step One: Say Nothing
Make no statements until your attorney is present. While you have probably seen police dramas on television where the accused is given his or her “Miranda” warning prior to a criminal arrest, warning that “anything they say can be used against you” in court, no such warning will be given or required if you are in an accident, as it is normally not a criminal matter. Thus, your statements or efforts to help police by explaining what happened can come back to haunt you in subsequent litigation. Remember, after a significant accident, you are probably in shock and rarely truly know what caused an accident. That is not a time to be making statements.
Step Two: Getting Counsel Involved Early
For a serious accident, you will need to enlist a team to help you. A usual defense team is composed of an expert on traffic or trucking accidents, representatives from your insurer, and your attorney and his or her staff. This team needs to be on the ground and investigating within hours of the crash, if possible, and definitely no later than 24 hours after the accident.
Step Three: Documentation
One of the reasons that it important to get a team on the ground early is to accurately and professionally document the accident. The measurements and photographs taken immediately after an accident are vital evidence in your defense. You likely lack the training and tools to document the accident in the way a court will require. If you have been involved in an accident, you also have normal self interest in portraying the accident in a way most favorable to you, another reason why the evidence you gather is unlikely to be acceptable. Accordingly, getting a professional team on the ground to accurately collect evidence that will be used to defend you is vital.
Step Four: Safeguard your Record of Duty Log
Negligence claims against long haul drivers often revolve around claims of the drivers’ lack of sleep due to inadequate breaks or speeding. Your required “record of duty,” which documents stops, can be used as evidence of your speed between points and whether you stopped enough to prevent fatigue. This is important evidence and, by law, must be maintained for six months per the Federal Motor Carrier Safety Administration.
Step Five: Black Box Records
If your truck is outfitted with an an electronic control module, or “black box,” it has data in it that may more accurately show your driving, stopping, and resting data. Your legal counsel should have access to this data for the same reasons as explained regarding your Duty Log, above. It is potentially vital information in your defense, and can be lost if your truck is put back into service and the data on the black box is overwritten with new information.
Have you been involved in a trucking accident? Evidence gathering, dealing with opposing attorneys, important deadlines, statutes of limitations, and filing requirements make your representation both complex and time-sensitive. Consulting with an experienced trucking attorney is necessary to protect yourself, your livelihood, and your rights.
Contact Mississippi Truck Accident Attorney Jonathan Barrett at Barrett Law immediately to protect your rights
Call attorney Barrett to set up a free initial consultation. Your trucking claims are not simple, and you should not trust them to an attorney lacking the trucking experience attorney Barrett possess. Call now at (800) 707-9577 to protect your career and family.