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Gathering and Preserving Evidence in Truck Accident Cases

Experienced Illinois Truck Accident Personal Injury Lawyers

Truck accidents are unique. Very often, truck companies employ their own investigators in major cities to immediately begin investigating the scene of an accident involving one of their trucks. Unsupervised, the investigators are free to gather evidence from the scene and return it to the company, where it can possibly be manipulated to hide evidence of liability. It is not unusual for a truck company's investigator to arrive at the scene of an accident while police are still on the scene, taking reports from the people involved.

Trucking companies know they have a serious legal responsibility to make sure their trucks and truckers do not cause accidents on our nation's roads and highways. They have a strong interest in collecting evidence as soon as possible and using legal strategies to interpret the facts to their benefit. For anyone injured in a truck accident case, gathering and preserving evidence is a critical component of a successful litigation for financial damages.

Federal Motor Carrier Safety Administration (FMCSA) Regulations

In many cases, federal trucking regulations require that records such as truck routes, engine data and trucker driving time must be stored for a minimum time period. In truck accident cases, however, truck companies often deny having the data or stall the case until the time requirement passes, and then they may destroy the evidence. It is critically important for your lawyer to know the legal strategies to gather and preserve evidence as quickly as possible.

What Can You Do to Protect Evidence After a Truck Accident in Illinois?

At the scene of the accident, make sure you give the police a full, accurate report of what happened to cause the accident. Do not let the truck driver or truck company representative overhear your report or engage in a discussion about the accident. Don't assume that you should keep anything out of the report because you may be found at fault for the accident. Even if you are partially at fault, you are still entitled to seek compensation up to the extent of truck company's or truck driver's liability. When the police have finished taking your report, ask if you can read it or have them read it back, to ensure accuracy and completeness.

Write down everything you can think of and collect contact information from any eyewitnesses who may have seen what occurred. If you have your cell phone camera or other camera with you, take photos of the accident scene, including skid marks and highway conditions. Your photos may be needed to refute photographic evidence the truck company investigators say they have. Make sure the police do not allow anything to be removed from the cab, engine or trailer of the accident without careful supervision. If you see someone removing evidence, contact the police immediately.

Call an Experienced Lawyer to Get the Legal Representation You Need

Act quickly to get an experienced attorney on your side. Cogan & McNabola attorneys have years of experience fighting on behalf of truck accident victims and their families. We know the tactics truck companies often use to deny liability for your injuries, and we know the legal strategies to protect evidence in your favor.

We Offer a No-Cost, No-Pressure, No-Obligation Consultation to Discuss Your Rights

From our offices in downtown Chicago our Illinois trucking accident trial attorneys represent clients in communities throughout Cook County and Illinois. Learn more about ways we can help you receive the compensation you need for your physical and financial recovery. Contact us today to schedule a free initial consultation.

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