How to Gather Evidence After a Truck Accident in Indiana

Experiencing a truck accident can be a life-altering event, especially in a state like Indiana where the highways are often filled with commercial vehicles transporting goods. Truck accidents are more complex than typical car accidents, primarily because they involve larger vehicles, commercial entities, and possibly multiple parties. After such an incident, gathering evidence is crucial to building a strong legal case, whether you are seeking compensation for injuries, damages, or both. Knowing how to collect the right evidence can mean the difference between a successful claim and one that falls short. In Indiana, this process requires patience, attention to detail, and knowledge of the steps necessary to protect your rights. Understanding these steps will help you stay organized and focused after such a traumatic event.

The Immediate Steps After a Truck Accident

The first moments following a truck accident are critical, both for your health and for the eventual legal proceedings. Your top priority should always be ensuring your safety and seeking medical attention. Once you have attended to any immediate health concerns, your next step is to document the scene as thoroughly as possible. This begins with calling law enforcement. Police reports often serve as valuable pieces of evidence later on, as they contain an unbiased third-party account of the accident. When interacting with the police, it is important to provide a clear and accurate description of what happened without admitting fault. Indiana is an at-fault state, meaning that determining who is responsible is key to filing insurance claims and potential lawsuits.

Photographing the scene is an essential part of gathering evidence. Use your phone to capture images of the damage to vehicles, road conditions, skid marks, traffic signs, and any visible injuries. These photographs will serve as visual proof of what occurred. The more pictures you take, the better, as this will give a clearer perspective of the accident’s impact.

Documenting Personal Injuries and Medical Care

While photographing the accident scene is crucial, documenting your injuries is equally important. After the accident, you should seek medical attention immediately, even if you don’t feel severely hurt. Truck accidents can result in internal injuries that may not be immediately noticeable. Having a medical professional evaluate your condition ensures that any injuries are properly diagnosed and treated, but it also provides documented evidence of the physical harm you suffered due to the accident. Be sure to keep detailed records of your hospital visits, medical bills, prescriptions, and treatment plans. This documentation can serve as proof of your injuries and the financial impact they have had on your life.

Attorney Christopher Wyant is here to help you. 

With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.

 

Additionally, your medical records can be used to demonstrate the severity of your injuries when negotiating with insurance companies or presenting your case in court. In Indiana, there is a statute of limitations for personal injury claims, typically two years from the date of the accident. Failing to adequately document your injuries could result in complications when filing a claim, as proving the extent of your damages may become more difficult over time.

Securing Witness Statements

Another key aspect of gathering evidence is securing witness statements. Witnesses can provide valuable third-party perspectives on how the accident unfolded. If there were people nearby who saw the accident, ask for their contact information and a brief statement of what they saw. Their account could help support your version of events, especially if the truck driver or company disputes liability. Witness statements are often powerful pieces of evidence because they come from neutral parties who have no personal stake in the outcome of the case.

If you are unable to collect witness information at the scene, law enforcement officers may include witness accounts in the police report. Reviewing the report can help you track down individuals who may have observed the accident. It is also possible to return to the scene at a later time and speak with nearby businesses or residences that may have security cameras or employees who witnessed the event. In Indiana, ensuring that witness testimony aligns with the documented facts of the case can play a pivotal role in achieving a successful outcome.

My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”

- Kathaleen Boyce

Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."

- Rita Bridge

God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."

- Briana Shouse

Obtaining Trucking Company Records

In truck accident cases, the trucking company’s records are often a critical component of the evidence. Indiana law requires commercial trucking companies to maintain detailed records regarding the maintenance of their vehicles, driver hours, and any previous violations. These records can reveal important information about whether the truck involved in your accident was properly maintained or whether the driver was following federal regulations.

To obtain these records, your attorney can send a formal request to the trucking company. This process, known as discovery, allows both parties to exchange evidence during the legal proceedings. The trucking company’s records can reveal whether the driver was fatigued, if the truck had mechanical issues, or if the company had a history of safety violations. Any of these factors could contribute to determining liability in the accident. It is important to act quickly, as trucking companies are only required to retain certain records for a limited time, and they may be legally destroyed after a set period.

Reviewing Electronic Data and Black Box Information

Modern commercial trucks are equipped with electronic logging devices (ELDs) and event data recorders (commonly known as black boxes), which can provide critical data about the moments leading up to the accident. These devices record information such as the truck’s speed, braking patterns, and whether the driver was using a phone or other electronic device. The black box can also reveal how long the truck had been in operation, which is vital information if fatigue is suspected as a contributing factor.

To access this data, it may be necessary to obtain a court order, as trucking companies are often reluctant to share information that could potentially incriminate them. However, once acquired, the black box data can provide undeniable proof of what was happening in the truck just before the accident. This evidence is highly technical, but it can play a significant role in establishing fault.

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Consulting with Industry Professionals

When building a strong legal case after a truck accident, it is common to work with professionals who can help analyze the evidence. For instance, accident reconstruction specialists can use the physical evidence at the scene to recreate how the accident occurred. They can analyze factors such as the angle of impact, the condition of the vehicles, and skid marks to determine the sequence of events. While it is essential to have a legal representative by your side, these specialists play an important role in interpreting the evidence to provide a clear and accurate account of the accident.

Medical professionals may also be involved in providing testimony about the extent of your injuries and the expected long-term effects. Their input can help clarify how the accident has impacted your ability to work and carry on with your day-to-day life. By presenting this information in court, they can help you obtain the compensation you deserve for both economic and non-economic damages.

Navigating Indiana’s Comparative Fault Laws

In Indiana, the law follows a comparative fault system, which means that each party involved in an accident can be assigned a percentage of fault. If you are found to be partially responsible for the accident, your compensation may be reduced by your percentage of fault. For instance, if you are found to be 20 percent at fault, and your damages amount to $100,000, your compensation would be reduced by 20 percent, leaving you with $80,000.

Because of Indiana’s comparative fault system, it is crucial to gather as much evidence as possible to demonstrate that the truck driver or company was primarily at fault for the accident. The more detailed and accurate your evidence, the better your chances of minimizing any responsibility assigned to you. This is another reason why it is so important to thoroughly document the accident scene, gather witness statements, and collect medical records.

Working with Legal Representation to Strengthen Your Case

Truck accidents often involve significant damages, and the stakes are high when dealing with large insurance companies and corporate entities. After gathering evidence, working with legal representation is essential to ensuring that your case is presented effectively. A qualified attorney will know how to navigate Indiana’s legal system and handle negotiations with insurance adjusters and opposing legal teams. By reviewing the evidence and consulting with professionals, your attorney can build a compelling case that demonstrates the truck driver or company’s liability.

It is important to act quickly, as truck accident cases are often more complex than car accidents and may require additional time for investigation. Your attorney can also handle the legal paperwork and communications, allowing you to focus on your recovery.

If you or a loved one has been involved in a truck accident in Indiana, gathering the right evidence is crucial to building a strong case. At Wyant Law, we understand the challenges you face and are committed to helping you navigate the legal process. Contact us today to schedule a consultation and learn how we can help you protect your rights and pursue the compensation you deserve.