Gathering The Evidence You Need To Fight A Commercial Vehicle Insurance Provider
Going up against a commercial truck insurance provider is no small feat. While commercial truck insurance providers tend to have much higher policy limits than auto insurance providers, they will do everything they can to pay as little as possible after you file a claim. However, a truck accident attorney can help you obtain the evidence you need to prove your case.
The Driver's Records
You will want to obtain the driver's past driving record so you can find evidence of negligence and proof that the driver should not have been hired by the trucking company involved. Your attorney will be able to obtain the qualification file and the training file through a subpoena.
A truck driver will be required to maintain driving logs to prove that the driver is not driving for a longer period of time than what is legal. However, the logs might not be kept adequately enough or there might be evidence that the logs have been tampered with.
Drug and Alcohol Tests
Employers should perform drug and alcohol tests to make sure that their drivers do not have substance abuse problems. It could be that these tests were not performed, that they were performed fraudulently, or that the driver had a substance abuse problem and the driver was still scheduled to transport cargo.
Cell Phone Records
A driver should not be on their cell phone if they are operating any type of vehicle and especially an enormous commercial truck. Your attorney may be able to subpoena the driver's cell phone records to show that the cell phone was being used at the time of the accident. Distracted driving is a form of negligence and is also a crime.
Commercial trucks are placed under greater scrutiny than a passenger vehicle would given their size and how often they are on the road. Truck drivers are expected to have their trucks serviced. For example, their brakes need to be serviced more often than a passenger vehicle. You will need a history of all maintenance, repairs, and inspections performed on the truck.
If your truck accident attorney is able to uncover that the truck was not properly maintained, this can be used as evidence of negligence. Even if the truck was properly maintained, you might be able to discover that the company that serviced the truck was negligent and that you are entitled to receive compensation for your injuries.
Contact a firm like Grall Law Group to learn more.