A collision with a commercial semi-truck unleashes a colossal and often life-altering force, far exceeding that of a typical car accident. The massive size and weight disparity can increase the risk of a spinal cord injury (SCI).
Diagnosing an SCI can be complex as the full extent of the damage or neurological impact may not surface immediately. When a victim’s health is on the line, what evidence can connect the accident to their SCI?
Immediate medical documentation
Victims must prioritize immediate medical records to prove an SCI claim. These initial documents, such as X-rays, CT scans or MRIs, can establish the instant link between the collision and severe symptoms like paralysis, sensory loss or extreme pain in the back or neck.
Electronic data of the truck
In addition, the truck’s black box or event data recorder (EDR) can provide proof of the crash dynamics. Using this data on speed, braking and impact force can demonstrate the excessive mechanical stress that caused the SCI.
Diagnostic testing
To prove an SCI, a victim needs diagnostic testing. This can measure the extent of damage to nerve roots and the function of the spinal cord’s connection to muscles.
Regulatory violations
Additionally, proving negligence by citing violations of safety standards under the Federal Motor Carrier Safety Regulations (FMCSR) can be crucial. For instance, a driver who exceeds the hours-of-service limits is driving while fatigued. This regulatory breach can establish a link between the company’s reckless policy, the truck accident and the resulting SCI.
Protecting the rights of victims
The devastation of an SCI extends far beyond the hospital room, impacting a person’s ability to work and enjoy life. Facing a trucking company and its insurance defense can add pressure to an already overwhelming situation. With legal counsel, victims may receive guidance for protecting their rights and future as they aim to focus on healing.