Were you rear-ended by a garbage truck in Monroe, Georgia?
If so, please see below what you should investigate.
THE GARBAGE TRUCK DRIVER’S HISTORY
If the garbage truck driver has a history of recent accidents, especially rear-end accidents, then the garbage truck driver and his/her employer can be liable for punitive damages.
Punitive damages are damages that go beyond compensatory damages and are specifically designed to punish defendants whose conduct is considered grossly negligent or intentional.
WHETHER THE GARBAGE TRUCK’S BRAKES WERE IN ORDER
The reason for the accident may have been because the garbage truck’s brakes were out of order. To determine if that is the case, you will need to hire an expert inspector to conduct an inspection of the garbage truck’s brakes.
Make sure to send the garbage truck company a preservation letter requesting the garbage truck not be tampered with until an inspection can be performed.
THE GARBAGE TRUCK’S SPEED LEADING UP TO THE ACCIDENT
If the garbage truck rear-ended you, there is a good chance the truck driver was driving too fast. To prove this, you will need an expert inspector to download data from the engine control module(ECM), which is a computer attached to the engine that records data related to the engine.
You will need to put the garbage truck company on notice to not tamper with the garbage truck until you can have your expert perform an inspection of this kind.
THE DASH CAM VIDEO
Many trucks come equipped with dash cams now. These dash cams can capture crucial evidence in accidents, such as what the garbage truck driver was looking at leading up to the accident. If the driver was talking on the phone, texting, or just not focusing on the road, the dash cam video may reveal this valuable evidence.
Some dash cams also display the speed of the truck, so if the ECM data is not available, this is another way to determine the garbage truck’s speed leading up to the accident.
Make sure to also put the garbage truck company on notice to preserve all dash cam video footage for the day of the accident.
THE GARBAGE TRUCK DRIVER’S CELL PHONE
Make sure to request the garbage truck driver to not dispose of his/her cell phone until a download of the cell phone can be performed.
There are cell phone download experts who can perform a download of the garbage truck driver’s cell phone for the day of the accident. This can reveal whether the driver was texting or talking on the phone leading up to the accident.
CONTACT BARTLETT BENTON
If you were rear-ended by a garbage truck in Monroe, Georgia and would like a free case evaluation, please call Bartlett at 770-365-6414.