The Importance of Taking Good Notes Following a Truck Accident
The first step in pursuing a personal injury claim following a motor vehicle in Georgia is to identify the correct party to sue. This can often prove more complicated than you realize. In the case of a hit-and-run accident, for instance, the offending driver has left the scene without stopping to exchange contact and insurance information, as is required by state law. That is why you need to have the presence of mind to take good notes following an accident.
Obviously, your notes should try to include a description of the vehicle that hit you and its license plate number. If the vehicle was a commercial truck, it should also have several additional pieces of information printed on the side of the cab, such as a United States Department of Transportation number. Such numbers are required for any vehicle used to haul cargo across state lines.
Atlanta Judge Sends Commercial Trucking Hit-and-Run Lawsuit to Jury
Indeed, a recent decision from a federal judge right here in Atlanta demonstrates how taking down such numbers can potentially save your personal injury case. This particular lawsuit, Stephens v. Swift Transportation Co. of Arizona, LLC, arose from a hit-and-run accident. The plaintiff’s vehicle was struck by a tractor-trailer driven by an unknown driver. The driver left the scene without stopping. But the plaintiff said he was able to take down the tractor’s USDOT number and two other identifying numbers.
This information identified the tractor as belonging to the defendant in this case, a trucking company. At the time, the tractor was hauling a trailer. The trailer belonged to a company called Swift. The day before the accident, a Swift driver delivered the trailer to a local Amazon warehouse. After learning of the plaintiff’s accident, a Swift employee contacted Amazon. An Amazon employee subsequently replied that the Swift trailer had been taken from the Amazon facility by one of the defendant’s drivers, apparently without Swift’s authorization.
Before the trial court, the defendant argued there was insufficient evidence to send this case to trial. In particular, the defense argued the email between the Amazon and Swift employees was inadmissible hearsay. The judge rejected that argument and denied the defense’s motion for summary judgment. The judge noted that even without the challenged email, there was still the plaintiff’s own testimony that he saw and took down the DOT number of the tractor, which was clearly identified as the defendant’s vehicle. Of course, the defense is free to argue at trial that the plaintiff wrote down the wrong number or that he did not actually see the number. But that would be a question of fact for a jury to settle.
Contact The Spizman Firm Trial Lawyers Today
Obviously, if you are ever seriously injured in a motor vehicle accident, your first priority must be seeking emergency medical attention. But if you are able to write down your observations as soon as possible following an accident, it can greatly assist you should you later need to seek compensation from a negligent party. Our Atlanta personal injury lawyers can advise you further in this area. Contact The Spizman Firm Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
scholar.google.com/scholar_case?case=14788064647736858123
