Accidents involving trucks that lose their loads on highways like I-85 in Greenville County can be devastating. These incidents often lead to severe property damage, personal injuries, and in some cases, fatalities. The aftermath of a truck accident requires quick and precise action to preserve evidence and establish who is at fault. Knowing the steps to take in the moments following such an accident can significantly impact your ability to recover damages and build a strong case.
If you’ve been involved in an accident caused by a truck losing its load on I-85, it’s important to take immediate steps to protect your rights. Preserving evidence and proving fault are essential to obtaining the compensation you deserve. This blog will discuss the critical actions you need to take to ensure your case is strong and how to hold the responsible party accountable.
Why Evidence Preservation is Critical After a Truck Accident 
The moments following a truck accident are crucial. Evidence can quickly disappear, and failure to secure it can result in a weakened case. In truck accidents where the vehicle has lost its load, there may be additional hazards that make it more difficult to preserve critical evidence. Here’s why it’s essential to act quickly and protect the evidence that can support your claim.
One of the first things you should do after a truck accident is to secure visual evidence. If you are physically able, take pictures and videos of the scene. Document the truck, the load, and the surrounding area, including any damage to vehicles, skid marks, or road debris. Make sure to get photos from different angles, as this can help recreate the events leading up to the accident. If you are unable to take photos yourself, ask witnesses or bystanders to help.
In addition to photos and videos, you should also gather information from witnesses. Eyewitness testimony is one of the most important pieces of evidence you can use. Reach out to anyone who may have seen the accident, and be sure to get their contact information. Their statements can strengthen your case, especially if they are willing to testify about what they observed. It’s also important to obtain a copy of the police report, as law enforcement will often document the details of the accident, including any potential violations or factors that contributed to the incident.
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Learn more about our attorneysHow to Prove Fault in a Truck Accident on I-85
In order to recover damages after an accident, you must demonstrate that the truck driver or the trucking company is at fault. Proving fault in truck accident cases can be challenging due to the multiple parties involved, including the driver, the trucking company, and even the manufacturer of the vehicle or cargo. However, there are several key factors that can help you establish liability.
Truck Maintenance and Safety Violations
One of the first things your attorney will investigate is whether the truck was properly maintained and whether the load was securely fastened. Truck drivers and trucking companies are required to follow strict safety regulations when transporting cargo. If the truck’s load was not properly secured, the driver or the company could be held liable for any accidents that result.
Truck maintenance records can provide valuable insight into whether the vehicle was in proper working order. If the truck had mechanical issues that contributed to the accident, the trucking company or driver may be held responsible for failing to maintain the vehicle. Your lawyer can subpoena these records to determine if any maintenance violations occurred.
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I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
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— Lindsey
Driver’s Logs and Hours of Service Violations
Truck drivers are subject to strict rules regarding their hours of service. These regulations are designed to prevent accidents caused by driver fatigue. If the driver was on the road for too long or failed to follow the mandated rest breaks, this could be a contributing factor to the accident.
Truck drivers are required to maintain logs of their hours on the road, and these logs can be a critical piece of evidence in proving fault. Your attorney can obtain these records to determine if the driver was in violation of federal regulations. If the driver was fatigued at the time of the accident, this could significantly strengthen your case.
Expert Testimony and Trucking Regulations
In many truck accident cases, expert testimony can help establish fault. Experts in accident reconstruction can examine the physical evidence at the scene and determine how the accident occurred. They may be able to provide insight into whether the load was properly secured or whether other factors, such as weather or road conditions, contributed to the incident.
Trucking regulations are another important aspect of proving fault. The Federal Motor Carrier Safety Administration (FMCSA) has established rules that govern how trucks should be operated, maintained, and loaded. If the trucking company or driver violated these regulations, it could be evidence of negligence. Your attorney can work with experts to identify any violations and use them to support your case.
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Using Black Box Data to Strengthen Your Case
Many modern trucks are equipped with black boxes or electronic logging devices (ELDs) that track critical data, such as speed, braking, and engine performance. This data can be used to determine whether the truck driver was speeding or driving recklessly at the time of the accident.
Black box data is often one of the most reliable forms of evidence in truck accident cases. If the truck involved in your accident has a black box, your attorney can request this data to help determine fault. This data can provide a clear picture of the driver’s actions in the moments leading up to the crash, including their speed, braking, and whether they were attempting to avoid the obstacle.
Why You Need an Experienced Truck Accident Lawyer
Proving fault in a truck accident case is complex and requires a thorough understanding of trucking regulations, accident reconstruction, and the legal process. Trucking companies have teams of lawyers working to defend them, and you need an attorney who can level the playing field.
Christian & Christian Law has extensive experience handling truck accident cases in Greenville County and throughout South Carolina. Our attorneys are familiar with the intricacies of trucking regulations and have the resources necessary to investigate the cause of the accident and gather the evidence needed to prove fault.
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We understand the physical, emotional, and financial toll a truck accident can take on you and your family. That’s why we’re committed to helping you navigate the legal process and fight for the compensation you deserve. We offer a free consultation to review your case and discuss how we can help you move forward.
If you’ve been involved in a truck accident on I-85 in Greenville County, it’s crucial to take the right steps immediately after the accident. Preserving evidence, proving fault, and working with an experienced attorney can significantly impact the outcome of your case. At Christian & Christian Law, we’re here to guide you through this process and ensure that your rights are protected. Contact us today for a free consultation and let us help you get the compensation you deserve.