In the United States, the law places the burden on victims to prove that a wrongdoer caused their losses. With that in mind it may seem obvious when a trucker runs a red light and causes a crash, but the burden still falls to the victim to make their case in court. This leads many victims to ask, "How do I prove the truck driver who hit me ran a red light?"

Answer: Truck accident victims would use evidence like 1) the results of a police investigation, 2) video footage from the truck or other nearby cameras, and 3) eyewitness testimony to prove that a truck driver ran a red light.

It's possible none of those sources of evidence would be a "smoking gun" that clearly implicates the truck driver, but they may be crucial when building a case against him and his employer. In this article we will look at each more closely, consider how they might contribute to a case, and examine their potential shortcomings.

Police Investigation

In any accident that results in serious injury or death, law enforcement will show up to investigate. They look mostly for signs of broken laws and gather the basic details like who/where/when, etc. They then use what they learn to make an educated guess about how the crash occurred, including (if relevant) who they believe ran a light.

The Problem: Police findings are generally a rough sketch of the crash, not the final word about it. That's not meant to disparage the work they do, only to recognize some of their limitations when it comes to traffic investigations. I've met plenty of dedicated, intelligent officers who simply didn't have the needed time or resources to learn all there was to know. Trucking defense attorneys use that to their advantage and poke holes in police reports, meaning that anyone using them to build a case shouldn't rely on them as the sole source of information.

Eyewitnesses

Another source of evidence would be statements from those who saw the crash. Exactly what they saw and how they interpret it can vary, however, and the weight of their testimony may vary along with it. Moreover, eyewitness accounts may not be as objective or reliable as clear pictures or videos. Still, an experienced attorney will depose every witness they can locate and arrange their testimony to best support the crash victim's claim.

The Problem: Obviously one of the biggest drawbacks to collecting witness statements is tracking down and keeping in touch with potential witnesses. Sometimes nobody but the crash's participants saw what happened, and other times witnesses scatter to the wind before anyone can interview them. Finding them and collecting their input can be difficult and time-consuming, but it's always worth doing.

Video Footage

Video recordings of an accident are typically very helpful in building a case. A visual record of exactly what happened helps everyone see the same thing, rather than relying on fading memories or personal interpretations of events. Video isn't always perfect, but footage of a wreck can in many cases settle disputes about its circumstances.

For example, not long ago we worked on a case where an 18-wheeler crashed into our client's pickup at an intersection. Each driver said the other ran a red light, and for one reason or another police investigators couldn't figure out who was right. They basically washed their hands of the matter and told the drivers to figure it out for themselves.

The trucking company's lawyers sent investigators out and started building a defense. The victim, sure of his story and not liking the deck stacking against him, reached out to us. Our investigators went to the scene and soon found police had overlooked nearby business security cameras that covered the intersection. We subpoenaed their footage, and sure enough it showed plain as day that the truck ran a red light. With that in hand we soon convinced the company to take responsibility and help the victim get back on his feet.

The Problem: Often, the video of an accident is someone's private property. It could belong to a nearby business or even be from a dashcam in the 18-wheeler involved in the crash. Whoever owns the footage cannot be forced to hand it over absent a court order. As most people don't know how to navigate the court system to get a judge to order the evidence be turned over, they have trouble making their case without the help of a knowledgeable truck accident attorney.

Don't Wait to Take Action

While certain accidents are truly open and shut, rarely is that the case in an accident involving commercial trucks. Proving not only that the trucker ran a red light, but also determining exactly why that happened, can be a complex matter—and the company behind the truck driver isn't likely to make the process any smoother. Time is of the essence after a crash. Quickly jumping into action to gather evidence and build a case is asking a lot of people who are struggling to get their lives back in order, so having an experienced truck accident attorney on their side can make a world of difference.

The Texas truck accident lawyers at Grossman Law Offices have been helping people injured by negligent truck drivers for decades. If you were hurt or lost a loved one in a crash with an 18-wheeler or other commercial vehicle, our attorneys may be able to help. Call Grossman Law any time for a free and confidential consultation.