Using your cellphone to collect truck accident evidence

Truck accidents can be devastating, leaving victims with severe injuries and a long road to recovery. If a loved one or you were injured in a truck crash, gathering truck accident evidence to support your personal injury claim is crucial. One of the most powerful tools you have at your disposal is something you likely carry with you every day: your smartphone.

As an experienced San Diego personal injury lawyer, attorney Mark Blane knows how the photos, voice memos, and videos captured on a phone can make a significant difference in the outcome of a truck accident case. Here, we explain how to use your device effectively to preserve accident documentation and strengthen your claim for compensation against the negligent truck driver, trucking company, and any other liable parties.

How to Use Your Cellphone Camera to Capture the Scene Right After Your Truck Accident

It’s crucial to take the proper steps to protect your rights if you are hurt in a truck wreck. Immediately after a crash, if you can do so safely, use your phone's camera to collect truck accident evidence. Ask a passenger or witness to take them if you are too injured. 

Why is this so important? Your videos and photos are documentation that the wreck occurred and that you suffered injuries. In addition, they can help you prove that the trucker’s negligence caused your crash.

You should take photos and videos from multiple angles, including:

  • Vehicle damage. Capture close-up shots of the damage to your vehicle and the truck. Don't forget to photograph the license plates and any company logos or identifying information on the truck.
  • Accident scene. Take wide shots of the entire accident scene, including the positions of the vehicles, skid marks, traffic signs, and road conditions. If there's debris on the road, photograph that as well.
  • Surroundings. Document the weather conditions, lighting, and any nearby businesses or landmarks. These details can help establish the context of the accident and may help our personal injury lawyer locate surveillance camera footage of the accident.
  • Injuries. If you have visible injuries, take photos of them at the scene. Continue documenting your injuries over time to show how they progress.

How Voice Memos Can Be Vital Truck Accident Evidence

Another way you can use your cellphone to strengthen your claim is to use your phone's voice memo app. It can be a valuable tool for documenting essential details while they're fresh in your mind. Consider recording:

  • Witness statements. If witnesses are willing to provide a statement and give permission, record their account of what happened. Be sure to get their full name and contact information as well.
  • Your recollection. Record your account of the accident soon after it occurred. Describe what happened before, during, and after the crash.
  • Conversations. Record any conversations with the truck driver, the trucking company, or insurance representatives. You must have their permission to do so under California law.

What Other Truck Accident Evidence Can You Collect Using Your Phone? 

It can be hard to keep track of all the accident documentation you need to prove your case. Your phone can help you preserve important information throughout the claims process:

  • Medical records. Use your phone to keep track of medical appointments, medications, and treatment plans. Take photos of any medical devices or adaptive equipment you require.
  • Expenses. Photograph receipts for accident-related expenses like medications, mobility aids, and transportation costs. Create a folder or album to keep these images organized.
  • Daily logs. Keep a log of how your injuries impact your daily life. Voice memos can be a convenient way to record your limitations, pain levels, and emotional state.
  • Wage losses. You should also keep records of the time you have to take off work while recovering from your injuries.
  • Backup. Regularly back up the evidence you've collected to a cloud storage service or email copies to yourself. This ensures you have a secure copy even if your phone is lost or damaged.

What Are the Best Practices for Accident Documentation After a Truck Accident?

Ensuring the evidence you collect is usable in your legal case is critical. Our lawyer recommends that you follow these tips: 

  • Time-stamp. Make sure your phone's date and time settings are accurate. This ensures that your photos and videos have the correct time stamp, which can be crucial for establishing a timeline of events.
  • Narrate. When taking videos, provide clear, concise narration of what you're capturing. This can help provide context for the footage.
  • Organize. Create folders or albums on your phone specifically for accident-related evidence. This will make finding and sharing the documentation easier with our San Diego personal injury lawyer.
  • Don't delete. Avoid deleting any photos, videos, or voice memos related to the truck accident, even if you think they might not be relevant. Let our attorney determine what's important for your case.

How Your Personal Injury Lawyer Can Use Phone Evidence to Build Your Case

The photos, videos, and voice memos you capture with your phone can be powerful tools our personal injury lawyer can use to fight for the compensation you deserve for your injuries. Here's how Mark can use this evidence to strengthen your truck accident claim:

  • Establishing liability. Mark will thoroughly investigate how the crash happened and who was at fault. Your photos and videos may show skid marks, vehicle damage, and road conditions, which may be crucial clues. If we decide to hire an accident reconstruction expert, your photos and videos may help them create a reenactment of how the crash occurred.
  • Documenting injuries. Pictures and videos of your injuries can demonstrate the severity of your condition and how it has impacted your life. This visual evidence can be compelling documentation that Mark can show to insurance adjusters and juries.
  • Verifying witness accounts. If your voice memos of witness statements corroborate your version of events, our lawyer will obtain written statements from them before they disappear or their memories of the collision fade. 
  • Calculating damages. Photos of medical records, receipts, and other expenses can help our lawyer quantify your economic damages, such as medical bills and lost wages. Voice memos documenting your pain and suffering can support your claim for these damages.
  • Negotiating with insurers. Mark will use your truck accident evidence to build a strong case and negotiate with the insurance companies for a fair settlement. 
  • Litigation. If negotiations fail, we’ll file a lawsuit before the statute of limitations under  Cal. Civ. Code § 335.1 expires. Your evidence will help Mark convince the jury to award you the compensation you deserve.

Seeking the Legal Guidance You Need After a Truck Accident

Using your phone to gather evidence is a smart step, but it's just one part of the process. To build a strong truck accident claim, you'll need the guidance of our skilled San Diego personal injury lawyer who understands the challenges of proving these cases. We can help you understand your rights, guide you through the legal process, and fight for a fair settlement that accounts for all of your damages.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney
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