Why Are Investigation and Evidence So Important to a Truck Accident Case?

When truck accident victims decide to sue the people who hurt them, they often find the process is far more complex than they realized. It’s not just about making an allegation and filling out a few forms; it’s about building a case that will persuade a jury of ordinary people. That means not just understanding, but confirming, exactly what happened and why. That’s the purpose of investigation and evidence— but why are they so important to a truck accident case?

Answer: Investigation and evidence are the bedrock of a commercial truck accident case because the law requires that victims present evidence to win their case.

Before we can fully appreciate the importance of evidence investigation, we must examine why we’re investigating and what we’re gathering evidence for. The first hurdle in any case is meeting the burden of proof. Let’s briefly discuss that.

What is the Burden of Proof?

In a lawsuit like one following a truck accident, the burden of proof falls squarely on the plaintiff. That means it’s the plaintiff’s job to make their own case, through evidence and facts, that the defendant (like the truck driver or trucking company) was responsible for the harm that occurred.

The defense, on the other hand, doesn’t have to prove anything at all. They’re not required to present evidence or explain their side of the story unless they want to. In fact, their job is mostly to poke holes in the plaintiff’s case and convince a jury that the evidence doesn’t meet the burden of proof. That means from the start, the pressure is on the plaintiff to build an effective case and prove their version of events is the true one.

What’s more, the person bringing the case must prove their case by a standard called preponderance of the evidence, meaning the plaintiff’s story is more likely than not what happened—think 51% certainty, not beyond a reasonable doubt like in criminal cases.

So that’s the burden of proof: The requirement for clear and compelling evidence that reinforces your side of the story. Gathering that evidence requires investigation—but don’t police already do that?

Are Police Investigations/Reports Enough?

Police investigations are a good starting point after a truck accident, but they usually don’t go far enough for a lawsuit. Officers are mainly focused on writing up what happened, keeping the scene safe, and deciding if any traffic laws were broken. Their reports might include basic facts like weather and road conditions, witness names, and any citations, but they’re not looking into other potential factors like bad company policies, driver fatigue, or mechanical problems with the truck. They also may lack the expertise to interpret more complex details, which could mean they overlook or misunderstand something crucial. Of course, even getting a police report admitted into evidence is a process unto itself.

At best, the police report should be thought of as a starting guide—one that may end up being accurate, but is generally little more than an official best guess. We’ve seen more than a few reports that were incomplete, and others that were entirely wrong. That doesn’t mean police do bad or insufficient work; they just aren’t dispatched to a wreck to make a comprehensive file for a lawsuit. Their observations and reports can help create a rough sketch of the accident, but attorneys working on the victims’ behalf need a much clearer picture. To get it, they launch their own investigation—and it’s best not to wait for a police report before letting them get to work.

Attorney Investigations Go Deeper

An experienced attorney knows there’s a short window after a truck accident to get and save as much clear evidence as possible. Debris is swept away, camera footage gets overwritten, and witnesses vanish, so attorneys act fast to document and obtain everything they can—often with the help of subject matter experts. For example, they might hire accident reconstructionists to analyze skid marks, vehicle damage, or impact angles. They’ll also track down any witnesses they can, and look into surveillance footage from nearby businesses or homes.

That same attorney knows that the truck involved in the accident may have several crucial sources of evidence. They’ll look at the truck’s black box or ECM data for information about speed and braking, check the driver’s logbooks and trackers for hours of service violations, and even look into the company’s internal records and documents. The company won’t hand over any of that willingly, though, so the attorney will request that a court compel their cooperation through subpoenas.

In short, building a strong case usually means going way beyond the police report to uncover all the critical details that might support the plaintiff’s claim. An experienced truck accident attorney is an invaluable asset in finding the facts and fitting them all together.

Grossman Law is Here to Help

Truck accident litigation is extremely complex and resource-intensive, because a trucking company has a great deal to lose if they’re found liable. An injured truck accident victim can’t just assume common sense, their one-sided story, or a traffic officer’s opinions are enough to sway a jury to their side. An avalanche of clear, indisputable evidence from multiple sources, generally obtained through careful and thorough investigation, is the cornerstone of a successful truck accident lawsuit. However, that level of investigation takes time, experience, expertise, and considerable resources that most accident victims simply don’t have.

The Texas truck accident lawyers at Grossman Law Offices have decades of experience building strong cases against reckless truckers and their employers, all in the name of getting the best result for their clients. They jump in quickly and don’t stop investigating until every shred of evidence is discovered. If you were hurt or lost a loved one in a commercial vehicle accident, reach out to Grossman Law today for a free and confidential consultation. Our attorneys are available to talk to you 24/7.