Investigation is a key. So is the event data recorder, or “black box”, for both vehicles.
Is the truck driver saying a deer jumped out and made him swerve? In one case, the investigator took a statement from the tow truck driver, who talked to the truck driver at the scene. Guess what the truck driver didn’t say?
He didn’t say anything about the deer. That might matter.
Suppose the truck driver disputes the police report – which puts him at fault. It might be a good idea to talk to the investigating officers – all of them.
What if there are no witnesses – but the truck driver’s story isn’t the way you remembered things happening? Sometimes you can get the EDR. You will need an expert to read it, but if there are serious injuries, it’s worth it.
One study indicated over 90% of all new passenger cars have EDR’s; I don’t know what the number is for trucks, but if either vehicle has such a device, the information can be valuable.
Finally, there is the “poor man’s EDR” – when the other driver’s insurance company admits fault by paying to fix or total your car, even though the driver denies its his fault. Your own insurance company can tell you this, if you ask them. It’s not admissible at trial- but they’re not going to pay unless theyve found something that they think will prove that they owe.
I have been a lawyer over 30 years. There are a lot of ways to get to the truth. If the other driver is lying, give me, a Cincinnati injury lawyer, a call. My phone is 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed. All discussions are limited to Ohio law unless otherwise indicated. And past performance cannot be used to predict future results.