Trucking accidents are some of the most catastrophic and devastating accidents on the roads. The size and weight of semi-trucks can lead to total disaster when these vehicles collide with smaller ones or strike pedestrians on the road. There are many causes of semi-truck accidents, the most common ones being negligence by the driver, trucking company, or a semi-truck parts manufacturer, and mechanical issues. When these accidents happen, they need to be investigated thoroughly to know who is liable so that the victims can seek compensation with the help of a truck accident lawyer. Here are some of the things that happen during such investigations.
The Police Will Conduct an Investigation
Any severe accident attracts the attention of the police who will arrive at the scene to determine who is responsible for the accident. They will also look at the semi-truck and its driver to decide whether they were speeding, whether the truck had any mechanical issues, and whether the driver was not violating their service hours during the accident.
The scope of the investigation will depend on the accident’s severity and whether anyone sustained injuries. Therefore, you should hire a truck accident injury lawyer as soon as possible so they can do a thorough investigation and help protect your rights and the rights of the family that loses a loved one due to a semi-truck accident.
Insurance Companies Will Send Investigators
The reality is that insurance and trucking companies will always try to protect themselves. For this reason, they will send representatives and investigators to the scene of a crime involving their clients. These investigators and representatives are looking for evidence they can use to defend themselves and their clients while also looking for evidence that their client is not liable for an accident.
Once they are done, they might start pushing for the vehicle to be destroyed or repaired immediately. If you do not have representation to stop this from happening, you will be disadvantaged as vital data will be lost if the semi-truck is destroyed. This is why hiring a truck accident lawyer as soon as possible is so important.
Collecting Data From The Event Data Recorder
You will sometimes hear an event data recorder called a black box. It gathers information about a vehicle’s state at all times. These black boxes and the information they record differ from one semi-truck to the next, but they typically record brake application, the direction the truck was traveling, the truck’s speed, driver actions, vehicle maintenance, and much more. These boxes can also tell what a driver was doing during the accident, such as speeding or swerving on the road.
As with their semi-trucks, many companies push for the black box data to be deleted or written over if it is not requested within 30 days or the legally allowed time frame. It is about giving themselves an advantage and making proving liability as difficult as possible for you and your attorney.
If you live in a state that allows it, the court makes it illegal to knowingly destroy evidence that a victim could need in a trucking accident. Regardless, you can get a personal injury and accident lawyer to send the company a letter asking them not to destroy that black box evidence. If the letter is dated and marked as received, the company will be in legal trouble if it destroys the evidence.
Seeing if The Trucking Company Was Negligent
Since the police and a lawyer must determine who is liable for an accident, they should check whether the company was negligent in a specific accident. Much of the information that can reveal whether a company was negligent can be found in the company’s records.
First, the victim, police, and lawyers have to know whether the company hired experienced drivers. They must ensure they can trust all their drivers to drive a semi-truck as expected and without incident. They also must check whether the company retained an inexperienced or negligent driver after they were involved in multiple incidents. Doing so is a huge mistake for any company, and they will bear some responsibility for an accident if they have done this.
The other source of information is the maintenance records. Vehicles not serviced and repaired when something comes up are more likely to be involved in an accident. If a company does not ensure that its vehicles are maintained properly and taken for service when required, a road accident lawyer will know that the company was negligent and needs to be held liable.
Recreating The Scene
The insurance company and the company will recreate the scene to see who is liable for the accident. Of course, they will try to ensure their client was not responsible for the accident and is, therefore, not liable.
Your attorney should expect the company and its insurance company to do this, and they should do a reconstruction for themselves. Doing so involves collecting as much physical and digital evidence from the accident and surrounding areas to better understand what happened.
Putting it All Together
Once they have all the data and evidence they need, your attorneys will start putting everything together. They will examine everything and everyone from the police, the trucking company, and its insurance company to ensure they have everything they need to get you a settlement. Your truck accident injury lawyer will also likely hire someone to download and analyze data from the black box that the other parties provide.
They may also decide to do a new investigation themselves. Doing so involves collecting fresh evidence, talking to witnesses again, working with reconstruction experts, and looking at the police report again.
No one wants to get into an accident, especially with a truck whose size and weight dwarf you and your car. If you get into one, get medical attention immediately and then contact The Truck Accident Guys to help you get a settlement. They will protect your rights and ensure the company or driver does not delete the data you can use to prove you are not liable.
