Truck accidents can cause life-changing physical and emotional injuries. While a personal injury lawsuit against the at-fault party will not reverse the damages inflicted, it could hold someone accountable and provide justice to victims. If you have injuries from a truck accident in New Mexico, act quickly to contact a lawyer so experts can investigate the collision right away. You risk losing key evidence by waiting too long to seek assistance.
Time-Sensitive Evidence in a Truck Accident Claim
You may believe calling 911 from the scene of a truck accident will result in a thorough enough investigation of the crash. While the police can collect evidence, it is also important to bring other investigators to the scene early on for the strongest possible claim to damages. Qualified crash experts, reconstructionists, engineers and others may be able to obtain critical evidence if called to the scene early.
- Evidence at the scene. Key evidence could still be at the scene of the crash before the county cleans up the site. This could include pieces of damaged vehicles, skid marks or road defects. The police may be able to capture some of this evidence in official photographs on the day of the accident.
- Evidence from the truck. An immediate inspection of the commercial vehicle could show signs of wear and tear or defective parts. Evidence such as bald tires, low brake fluid and thin brake pads, for example, could prove negligence such as poor truck maintenance in connection with the collision.
- The truck’s black box. Most commercial trucks have electronic data recorders on board. The black box could contain important information about the truck and driver in the minutes leading up to the crash, such as whether the driver was speeding. It is imperative to subpoena the black box quickly, however, or the truck company could erase the data.
- The truck driver’s cellphone records. If you suspect the truck driver of using a handheld cellphone while driving, it is important to access the driver’s cellphone records early on. Cellphone companies do not keep this data indefinitely. Cellphone records could show proof of texts, pictures, phone calls and other activities at the time of the wreck.
- Eyewitness accounts. Talking to eyewitnesses quickly is important for the integrity of the information gathered. Waiting too long to speak to eyewitnesses could lead to unreliable accounts of what happened from memory loss. Accurate witness statements are valuable for reconstructing the truck accident.
A police report alone will lack the technical details of a commercial truck accident. Piecing together the accident and demonstrating to a jury how it happened often takes further investigation from experts. Call an attorney right away after a truck accident in Albuquerque to start an early investigation for the best chances of holding the truck company liable.
How Can a Lawyer Help?
You have three years from the date of your truck accident to bring a claim in New Mexico. When time is of the essence, a Albuquerque auto accident lawyer can take immediate action to protect, preserve and obtain relevant evidence on your behalf. Your lawyer can make calls to subpoena evidence, for example, as well as send letters of spoliation. These are legal documents requiring the defendant to preserve any evidence related to the personal injury lawsuit.
The courts enforce letters of spoliation in New Mexico. If a trucking company ignores the letter and tampers with or destroys evidence, it could face criminal charges and penalties. Gather important evidence to support your truck accident claim by contacting an attorney as soon as possible after the collision. A prompt phone call to an attorney in New Mexico could immediately set the gears of your case in motion. Fast action is imperative to build the strength of your claim.