Prompt Investigation of Truck Accidents

The prompt investigation of truck accidents in East Tennessee is crucial when trying to obtain a satisfactory settlement or jury verdict. An accident victim bears the burden of proof regarding a truck driver or trucking company's negligence. The driver and trucking company are unlikely to admit to liability without a fight. However, a lot may be discovered about why a big rig crash happened by examining the scene. Knoxville truck accident attorney Mark Hartsoe has an accident reconstruction team that can come to the scene of a truck accident 24/7 to collect evidence.

Crucial evidence may be lost if the reasons for a truck accident are not promptly investigated. The truck driver and trucking company's insurers know how important a prompt investigation is, and they will act immediately to secure evidence to help their policyholders avoid liability. Most insurers are motivated by profit, and having to pay the sizeable claims that result from truck accidents may cut into their profits. This means that they will likely look at the scene closely for evidence that tends to blame the victim, rather than the driver or trucking company. They may arrive while the police are still there but not record evidence that would tend to help your case.

It is important for a victim’s attorney to look for any evidence that proves that the truck driver or trucking company was more likely than not negligent. This evidence may include skid marks, information in a truck's black box, damage to your vehicle, damage to the truck and other objects, debris, the angles of the vehicles, and police findings.

Mark Hartsoe can send out an accident reconstruction specialist and issue a letter notifying the truck driver and trucking company of the claim. If months or years pass before a potential defendant is notified of a claim, evidence may be lost during the normal course of business. Witnesses' memories often fade or change with time. Sometimes truck drivers or trucking companies purposefully alter, mutilate, or conceal evidence in order to avoid liability. This is called spoliation of evidence. In Tennessee, spoliation of evidence allows a court to draw a negative inference against the party that is believed to have intentionally and improperly destroyed, altered, or hidden evidence.

Sanctions may be issued against a party or an agent of a party that hides, alters, or destroys evidence under Rule 37A.02 of the Tennessee Rules of Civil Procedure. Courts have found that these sanctions may be imposed whenever a party's destruction of evidence severely prejudices the other party's case. However, these sanctions are not guaranteed, and it is still important that we have a chance to gather all of the evidence that we can immediately after an accident.

The prompt investigation of a truck accident is an important part of building a strong case. Insurers for the truck driver and trucking company will be working as hard as possible to try to avoid liability, so it is important that you have Knoxville truck accident lawyer Mark Hartsoe on your side to look out for your interests. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to arrange a free consultation. Mark Hartsoe represents victims who need a motor vehicle collision attorney throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.