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Obtaining Evidence Against a Truck Driver or Truck Company

When you’ve been seriously injured in a Florida truck crash, or lost a loved one in a semi truck accident, you will likely want to pursue compensation through a Florida truck accident claim.

As with any personal injury claim or wrongful death lawsuit, the strength of your case will depend heavily upon proving the negligence of another party; in this case, the truck driver, the trucking company, liable third-parties or all of the above. Proving negligence in a Florida truck accident claim hinges on the evidence that you can present in the course of your claim or lawsuit.

An Orlando truck accident lawyer can work with you after a serious or fatal truck crash in order to assemble the necessary evidence to strengthen your Florida truck accident claim. There are many federal regulations that govern trucking companies and some of those requirements can be explored in order to gather evidence for your claim.

Automatic On-Board Recording Devices & Driver’s Log Books

Many trucking companies require their drivers to use on-board recording devices. The information gathered by these on-board recording devices can prove invaluable in a Florida truck accident claim.

Among the types of information that can be collected in an on-board recording device include:

  • The date of travel;
  • The number of hours the driver spent driving continuously;
  • How many hours the driver spent off-duty; and
  • How far the driver travelled in one day.

Your Orlando truck accident lawyer can use that information to determine if the truck driver, or the trucking company responsible for the trucker’s employ, violated federal trucking regulations in any way. One example would be if the truck driver spent more hours on the road in a 24-hour period than what is allowed by law.

If the truck involved in the crash did not have an on-board recording device, your Orlando truck accident lawyer can request to see the driver’s log book. This will provide similar information about hours traveled, length of shifts, the type of cargo carried, the chosen route and so forth.

In the event that crucial information is missing from either one of these data tracking systems, your attorney may have cause to investigate why there are “holes in the story.” Was the trucker using illicit substances while on the job? Did the trucking company fail to enforce the proper tracking of hours, etc.?

Truck Crash Evidence: Post-Accident Testing

In cases of Florida truck accidents resulting in injury, the trucking company must have the driver tested for alcohol or substance use. These post-accident tests must occur within a prescribed period of time to ensure accuracy. If the post-accident testing indicates that the driver was impaired at the time of the truck crash, your Orlando truck accident lawyer can argue negligence. If the trucking company was aware of any previous instances of substance abuse, they may also be held liable for the infraction.

Contacting an Orlando Truck Accident Lawyer

An Orlando truck accident lawyer will know what evidence against a truck driver or trucking company is needed in order to build a solid Florida truck accident claim. They can investigate your accident and use their expertise to track down the evidence you need for your case.

An Orlando truck accident lawyer at Lilly, O’Toole & Brown can work with you to establish liability against all negligent parties in your claim. Contact our firm today to schedule your consultation: 863-533-5525.