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Virginia Truck Accidents: An Overview of the Most Important Evidence

Posted By Scott Barney
Virginia Truck Accidents: An Overview of the Most Important Evidence

Unfortunately, large commercial trucks pose a public safety issue in our region. When they are not operated safely, very serious accidents happen. According to data published by the Virginia Highway Safety Office (VHSO), approximately 1,000 people were injured in trucking accidents in 2017 alone. Truck companies and their insurers must be held accountable after they cause a crash. 

Every successful truck accident injury claim is based on a strong foundation of supporting evidence. Following a collision, you need to compile evidence to prove liability and establish the extent of your damages. Here, our Virginia Beach truck accident lawyer provides an overview of the key evidence in a personal injury case. 

The Evidence You Need to Prove Fault and Recover Compensation

  • The Accident Report 

All commercial truck accidents should be reported to state or local law enforcement. As a crash victim, it is in your best interest to ensure that a police officer is dispatched to the site to help control the scene. While there, the responding officer will write an official accident report. You should get a copy of that report after the accident. 

  • Photographs of the Crash

It is strongly advised that you take photographs of the truck accident. Unless a medical emergency prevents you from doing so, you should try to get as many pictures of the crash damage and wider accident scene as possible. Photographs will help to serve as an important form of evidence—both in documenting the severity of the crash and in figuring out exactly why it occurred. 

  • Eyewitness Testimony 

If any third party witnessed your crash—whether your own passenger, a person in another vehicle, or a bystander—is it important to get their contact information. Eyewitness testimony can serve as an important form of evidence. They may have something useful to say about the trucking company’s culpability. Your Virginia truck accident lawyer will be able to help you track down eyewitnesses and obtain a statement. 

  • Driver Records and Truck Inspection Records

Truck accidents happen for a wide range of different reasons. Whether or not the trucking company acted in a reasonably safe manner is not always something that is readily apparent in the immediate aftermath of the crash. An experienced Virginia truck accident attorney can take action to help you get access to records held by the trucking company. Among other things, this includes:

  • Driver safety records; 
  • History of any violations; and
  • Truck inspection records.

In reviewing these records, there are many things that an attorney will consider. For example, the Federal Motor Carrier Safety Administration (FMCSA) limits how many hours per week a trucker can spend behind the wheel. If your accident was caused by a fatigued truck driver, service hour records may be relevant. 

  • Black Box Recording Data

Most commercial trucks in the Commonwealth of Virginia are equipped with a “black box”—also known as an electronic control module (ECM), this device stores data about the physical properties of the truck. In many cases, a truck’s ECM will have important things to say about how and why an accident occurred. If you were involved in a serious truck accident in Hampton Roads, you need to get access to the black box. Of course, the trucking company is not always willing to turn it over. An experienced Virginia attorney can help you get access to this evidence. 

  • Medical Records

Proving liability for a truck accident is only part of the process. Dealing with the aftermath of a serious truck accident is stressful and frustrating. You need full and fair financial compensation to pay your bills and support the people you care about. Depending on the nature of your accident and injuries, you may be eligible to recover financial compensation for: 

  • Emergency room care;
  • Medical bills;
  • Physical therapy
  • Medical health counseling;
  • Pain and suffering; and
  • Permanent disability/impairment. 

Your medical records will help you form the basis of your claim for damages. As described in the Virginia Model Jury Instructions, the plaintiff has the burden of proving their damages. Our top-rated Virginia Beach, VA truck accident lawyer will help you gather and organize your medical records so that you have all of the information you need to prove your injuries and maximize your financial compensation. 

Call Our Hampton Roads Commercial Truck Accident Attorney Today

At Barney Injury Law, our Virginia trucking accident lawyer fights aggressively to protect the rights and interests of injured victims. We will help you gather the evidence you need to prove fault and recover the full and fair financial compensation you deserve. 

To get a no cost, no obligation review of your case, please contact our law firm right away. From our office in Virginia Beach, we handle truck accident injury claims throughout the Hampton Roads region, including in Norfolk, Chesapeake, Portsmouth, and Newport News. 

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About the Author:

Scott Barney


Senior Attorney Call Scott R. Barney in Virginia Beach, VA today for a free consultation about your civil case. CALL SCOTT NOW (757) 965-7200             Scott R. Barney, Esq., born and raised in Virginia, is a third generation VA attorney. He is a sole practitioner and has been practicing law in the Virginia Beach area for more than a decade.Scott R. Barney obtained his Bachelor of Science Degree in Business from the University of Maryland in 2002 and went on to Nova Southeastern University, Shepard Broad Law Center where he obtained his Juris Doctor in 2005.Scott R. Barney, Esq. has worked with law firms throughout Virginia Beach, VA and has a vast knowledge of the laws of the state for a variety of practice areas.With a primary focus on personal injury, DUI defense,  cases and general civil litigation, Scott R. Barney, Esq. is proud to offer his legal services as a sole practitioner where he can give personalized attention to each client, with more responsive service to best meet your needs.As a member of the Virginia State Bar, the US District Court for the Eastern District of Virginia, and the Virginia Trial Lawyers Association, Scott R. Barney, Esq. has the credentials and experience needed to represent you in Virginia Beach, VA.When Scott isn’t practicing law, he enjoys playing golf, hunting, fly fishing, and watching the Washington Redskins!Have a question or want to find out if you have a case? Give Scott R. Barney,... View full business profile here: Scott Barney