The Importance of Preserving Evidence After a Florida Truck Accident

Truck accidents in Florida can be shocking and leave those involved feeling overwhelmed. These accidents often lead to severe injuries and considerable damage, sometimes changing lives forever. When someone is in a truck accident, one of the most important things to do afterward is to gather and protect any evidence from the scene. Preserving evidence can be crucial when trying to understand what happened, who was responsible, and how to get fair compensation for any losses. Understanding why evidence is so valuable after a truck accident and how to properly preserve it can help individuals take the necessary steps to protect their rights. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.

Why Preserving Evidence Matters in a Truck Accident Case

When a truck accident occurs, the events surrounding the crash may seem clear at first, but memories can fade over time. Evidence helps to keep the facts of the accident from being forgotten or misinterpreted. Every piece of evidence can add to the full story of what occurred. Evidence can help explain the details of the crash and show if the truck driver or trucking company was responsible. It can also reveal if factors like road conditions, poor maintenance, or even another driver’s actions played a role. By having concrete evidence, individuals can make sure that their side of the story is properly understood and accurately represented.

In a legal setting, evidence provides support for any claims or arguments made. Without solid evidence, it becomes challenging to prove the true cause of the accident and the extent of damages suffered. This is especially important in cases where one person may have been badly injured and faces high medical costs or time off work due to their injuries. Insurance companies and attorneys representing the other side often want to settle for the lowest amount possible, so strong evidence becomes a person’s best ally when negotiating for fair compensation.

Types of Evidence That Should Be Collected After a Truck Accident

There are several types of evidence that can help build a strong case. One type is physical evidence, which includes any objects or parts of vehicles that may have been damaged in the crash. For example, if the truck’s brakes were faulty or if the tires had worn treads, these details can suggest that poor maintenance may have contributed to the accident.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Witness statements are also valuable. People who saw the accident can provide important details that may be missed by others. Witnesses can describe what they saw from different angles and give their accounts of what happened leading up to and during the crash. Photos and videos are another powerful type of evidence, capturing exactly what the scene looked like. Images of the vehicles, road conditions, traffic signs, and any visible injuries can all help provide a more complete picture of the event.

Lastly, documents like the police report, medical records, and repair invoices all add valuable information to the case. Police reports contain an officer’s unbiased observations, while medical records provide a record of the injuries sustained. Repair records or estimates for vehicle damage also help show the financial impact of the accident.

How to Preserve Evidence After a Truck Accident

To preserve evidence, it is essential to act quickly and carefully. The longer someone waits, the greater the chance that evidence may get lost, destroyed, or altered. Start by photographing the accident scene. This includes the vehicles involved, any debris or marks on the road, and anything else that might be relevant. Try to capture the scene from different angles and distances to provide a comprehensive view of the area.

If you have visible injuries, take photographs of those as well. Injury photos can serve as a record of the harm experienced and may be useful in a legal setting. Also, take pictures of any vehicle damage, both up close and from a distance, to fully document the extent of the damage.

If possible, speak with witnesses and get their contact information. Witnesses may leave the scene quickly, so it is important to collect this information as soon as possible. A legal team can follow up with these witnesses later to get full statements, but simply having a way to contact them later can be invaluable.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

It is also important to save any documents related to the accident. This includes the police report, any hospital or doctor bills, records from car repair shops, and any communications with the insurance company. All of these documents can serve as evidence and help to create a timeline of the accident and its effects.

The Role of Law Enforcement and Legal Guidance in Preserving Evidence

Law enforcement officers play a key role in gathering initial evidence at the accident scene. When they arrive, officers will often block off the area, interview those involved, take measurements, and document their observations. A police report is usually made after these steps, and this report can become a valuable piece of evidence. The officer’s observations can provide an objective perspective, and their documentation can confirm certain details that may later be questioned.

After an accident, an attorney can be incredibly helpful in guiding individuals on how to gather and preserve evidence. Legal guidance ensures that no vital information is overlooked, and it also provides an individual with support when dealing with other parties. Attorneys can help gather information from sources that may not be available to the general public. For instance, they can request the truck’s maintenance logs, the driver’s logbook, and data from the truck’s “black box” to gain a deeper understanding of what may have led to the accident.

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What Can Happen if Evidence Is Not Preserved

When evidence is lost or destroyed, it can significantly harm a person’s case. Without strong proof, it can be much more challenging to make claims about who was at fault and what damages were caused. Important details may be forgotten, leaving a person’s story incomplete or unclear. Additionally, insurance companies and other parties may challenge claims if there is not enough solid evidence to back them up.

Missing evidence can even lead to reduced compensation or an inability to recover any damages at all. Insurance companies may argue that without proper evidence, they cannot be sure of the accident’s effects or the extent of damages. For this reason, taking steps to preserve every piece of evidence can be the difference between a successful claim and an unsuccessful one.

How Trucking Companies and Insurance Adjusters View Evidence

Trucking companies and insurance adjusters usually work hard to protect their own interests. When they investigate an accident, they often look for ways to lessen their responsibility and financial obligations. Because of this, they may try to argue that certain pieces of evidence are irrelevant or question their authenticity. This can make it more difficult for someone involved in an accident to get a fair outcome, which is why it is so important to have strong evidence from the beginning.

In some cases, a trucking company may even attempt to alter or destroy evidence that could point to their liability. Having a clear and well-organized set of evidence can make it more difficult for these companies to dispute the facts. Additionally, a skilled legal team can help protect the evidence from interference and make sure it is presented effectively if the case goes to court.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

The Benefits of Working with a Legal Team to Preserve Evidence

While it is possible to gather and preserve evidence alone, having a knowledgeable legal team can make the process easier and more thorough. Attorneys know what to look for and how to gather information that supports a claim. They can also work with professionals who can analyze evidence, like accident reconstruction specialists who can recreate the events of the crash based on the information available.

An attorney can also help organize evidence in a way that makes it more effective in a legal setting. They understand how evidence is viewed by the courts and what types of information carry the most weight. By working with a legal team, individuals can feel confident that their case is well-prepared and that they have the support they need.

Preserving evidence after a Florida truck accident is a vital step in protecting one’s rights. Evidence provides a reliable record of what occurred and supports any claims made. Without solid proof, it is much more challenging to get fair compensation for injuries, vehicle damage, or other losses. Taking the time to gather and save all relevant evidence can make a significant difference in the outcome of a case.

If you or someone you know has been involved in a truck accident, Serrano Law is here to help. Our team understands the importance of preserving evidence and is dedicated to ensuring that every client’s rights are protected. Reach out to us to learn how we can assist you during this challenging time.

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