Gaining Access to Trucking Records After a Tractor-Trailer Crash in New Hampshire
Various records may be important after a tractor-trailer crash in New Hampshire, and injured victims might want to gain access to this information while suing trucking companies. However, these victims may not know what they need to search for – or how to gain access to these records properly. An experienced truck accident lawyer in New Hampshire may be able to help victims collect the evidence they need to prove negligence.
Why Would I Want to Gain Access to Trucking Records After a Crash?
You might want to gain access to trucking records to prove specific types of negligence after a crash. For example, you might suspect that the trucker who caused your accident was sleep-deprived. You might be able to confirm these suspicions by accessing the trucker’s “logbook.” These records should tell you how long the trucker was driving prior to your collision.
Strict federal regulations prevent truckers from remaining on the road for too long without sleep. According to the Sleep Foundation, sleep deprivation can be just as dangerous as driving while intoxicated.
You might also want to review maintenance records after a crash, especially if you suspect the brakes on the truck failed before your collision. Federal regulations require trucking companies to conduct regular maintenance on their vehicles. Not only that, but they must carefully log any mechanical issues that they encounter over time.
If a victim gets access to these records, they may be able to prove that the trucking company failed to carry out proper maintenance, and this “breach of duty” led directly to the collision.
How Do I Get Access to Trucking Records After a Crash?
It should be relatively easy to get access to trucking records after a crash. Trucking companies are legally required to hand over any information that might be relevant to the crash – including their records. In fact, these are often some of the first documents requested by personal injury attorneys during the pre-trial “discovery” phase.
Discovery involves the free exchange of information prior to trial, and it is a mandatory part of every truck accident lawsuit. During this process, you can request access to maintenance records, trucker logbooks, and other information.
If the trucking company refuses to hand over the information, you can file a “motion to compel” that forces them to provide the records. You might also encounter a situation where the records seem fraudulent, forged, or incorrect. For example, the trucking company may have altered the records after the crash to make it seem like they adhered to certain federal regulations. Your lawyer can investigate this fraud and take appropriate action.
Can a Truck Accident Lawyer in New Hampshire Help Me Collect Evidence?
One of the key roles of an experienced truck accident lawyer in New Hampshire is to collect evidence on behalf of victims. Your lawyer may do this by gaining access to trucker logbooks, maintenance records, and other important information to investigate potential negligence. To learn more about the next steps, consider scheduling a consultation with Manning Zimmerman & Oliveira PLLC.
Sources:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/fastact/83096/new-hampshireaccepted-20170112.pdf
