As you prepare to navigate your truck accident personal injury case, you’re bound to come face-to-face with aggressive defense tactics. For example, when you sue a truck company for the negligent actions of its employee, that company may try to shift the blame back on the trucker who caused your wreck. They might claim that the trucker violated hours of service regulations or that they were engaging in frolic and detour. To counter these defenses, you’ll need to get your hands on trucking logs.
How can you gain access to a trucker’s driving logs?
Getting your hands on trucking logs may be more difficult than you think. Many people expect the other side to simply hand this documentation over upon informal request, but that’s rarely the case.
The best way to gain access to these records is to subpoena them through the discovery process. The truck company will then have about 30 days to turn those records over. If they fail to comply, then you can request a court order compelling discovery. If the truck company still fails to comply, then you can ask that the company be held in contempt, which may result in them paying a portion of your attorney fees.
Since truck companies are only required to keep trucking logs for a certain period of time, you’ll want to act quickly to secure them. You also might have to take additional legal action against the truck company if they intentionally destroy or alter the records in question.
Gather the evidence you need to support your claim
Although it might take some work to get trucking logs, they aren’t the only pieces of evidence that you’ll need in your case. Data from an electronic logging device might give you insight into the trucker’s actions leading up to the accident, and your own medical records can help you show the extent of the harm that’s been caused to you.
So, as you prepare your truck accident personal injury case, you’ll want to be as thorough as possible when it comes to gathering the evidence you need to support your claim. Although this might seem overwhelming, taking it step-by-step can make the process more manageable, and you can always choose to seek out help if you need it.