Living in Cedar Rapids means sharing your pathways with big trucks. It’s easy to feel intimidated by these giant vehicles, where even a single mistake or turn can lead to tragedy. A truck accident in Iowa can inflict significant losses and injuries, resulting in expensive medical costs, lost wages, and unbearable pain and suffering for victims. When you file a truck accident claim against the at-fault party to seek compensation for your losses, you must have supporting evidence and information as the claimant to back up your case.
Suppose you or someone you love has been involved in a truck incident in Cedar Rapids, Iowa. In that case, you need to contact an experienced attorney who can help you obtain compensation for your losses and recovery. Click here to learn about the steps to take and mistakes to avoid after a truck accident in Iowa.
Documentation and Evidence You Need After an Iowa Truck Accident:
-
Proof of Negligence and Fault:
You can use fault insurance law, which allows injured vehicle victims to hold the defendant or the driver who is at fault for the accident financially responsible for the damages. Before the truck driver’s insurance company accepts any third-party claim, the victim must prove who’s at fault.
Proving that the defendant or driver was at fault in a truck accident means establishing negligence, or the failure to act sensibly that a reasonably prudent driver would have in those conditions. This requires evidence of four crucial elements:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Evidence of negligence in a truck accident case can include anything that shows the other driver violated a law and acted carelessly, causing a severe accident that led to your injury. This can be physical evidence, chemical evidence, witness statements, a police accident report, surveillance from CCTV cameras, photographs of the vehicles involved, and crash reconstruction done by forensic experts.
-
Proof of Injuries and Resulting Losses:
Another important piece of information to gather following the truck collision is proof of your injuries and related damages. After the accident, you should see a doctor to examine your entire body or the parts affected by the crash. Ensure to inform the doctor that you have been in an automobile accident so they can examine you accordingly. If you have open wounds, fractures, or a concussion, get those treated and keep an additional copy of the reports, X-rays, treatments, doctor’s notes, and the treatment plan.
You must also collect evidence of your bills and other monetary losses, such as not being able to commute to your workplace or travel costs. You can also ask your employer to provide documentation of monthly wages or pay stubs. Most truck accident victims experience not only physical injuries but also mental and emotional distress. If you have been affected by a traumatic brain injury, consult your doctor and keep a journal of notes that includes all the information and how you feel daily. This will help you remember everything clearly and prove your pain, depression, shock, anxiety, and suffering to the jury.
How To Gather Evidence for Your Truck Accident Claim:
Following the accident, you must file a report with the Iowa police. This report is a crucial piece of evidence that can play a significant role in accepting your claim. While filing the report, make sure it documents the position, location, time, color, and truck driver’s plate number if you remember it, any driver citations for traffic violations, and photographs of the crash, including the vehicles before the accident. Before you leave, take pictures as proof and carefully write down the names of eyewitnesses.