When you’re injured in a crash with an 18-wheeler, it’s natural to want answers quickly. Commercial truck accidents can lead to severe injuries or even wrongful death claims.
However, truck accident investigations are far more complex than standard car accidents. That’s because so many parties are involved, such as drivers, trucking companies, brokers, insurers, and sometimes manufacturers.
Below, you’ll learn why these investigations take longer and what evidence a truck accident lawyer uses to protect your rights.
Electronic Data Recorders: Why Black Box Data Matters
Black boxes or electronic data recorders are invaluable tools for gathering evidence in a commercial truck accident. These onboard computers gather all sorts of valuable information, including:
- Speed before impact
- Sudden braking or acceleration
- Hard steering inputs
- Hours of service
- Engine diagnostics
- Airbag deployment
- RPM and throttle position
This data can prove whether the truck driver was speeding, fatigued, or failed to brake in time.
Obtaining black box data can be challenging. Typically, an attorney will need to make a formal request to the trucking company. If they do not cooperate, a court order may be required.
In the meantime, the lawyer will need to send a letter that compels the company to preserve the evidence.
Elements That Make Gathering Truck Accident Evidence Complex
Several elements can make truck accident investigations complex and time-consuming.
Driver Logbooks and Hours-of-Service Records
Hours-of-service records are mandated by the Federal Motor Carrier Safety Administration. Many drivers use electronic logging devices, which track:
- Driving hours
- Breaks
- Sleeper-berth time
- On-duty/off-duty status
Attorneys will carefully review these logs for inconsistencies, violations, or signs that the records have been altered or falsified.
Electronic logging devices have made it harder to alter records. However, trucking companies may not voluntarily share them, especially if the records push liability onto them. This makes early legal action to secure these records vital. Waiting too long could lead to the logs being lost for good.
Maintenance, Repair, and Inspection Records
Drivers and trucking companies aren’t the only parties that could be at fault during a commercial vehicle accident. Those who were responsible for inspecting and repairing the vehicles could also be to blame.
Therefore, truck accident investigations will also involve maintenance and service records, which can help uncover several issues, including:
- The truck had faulty brakes
- Tires were bald or underinflated
- Steering or suspension was worn
- Safety inspections were skipped
- Crews ignored known mechanical issues
Maintenance documents are often scattered across different departments or not properly maintained. Your attorney must request them and review them line-by-line.
Reconstruction Experts and Crash-Scene Analysis
After all of the information has been collected, the investigation is passed off to a reconstruction expert. They will analyze the crash scene and create a comprehensive reconstruction of the incident. This step is especially important if disputes arise over who had the right-of-way or whether the trucker reacted appropriately.
Federal & State Regulations That Increase Documentation Requirements
Commercial carriers operate under a strict set of rules that include federal and state laws. For example, electronic logging device requirements are enforced at the federal level. Texas Transportation Code provisions also influence what drivers are and are not allowed to do, as well as what documentation they must maintain.
Companies and Insurers May Delay or Restrict Access
Even if all of the information an attorney needs is there, the trucking company or its insurer may stand in the way. Delaying access to critical records can push the timeline of an investigation from months to years.
Preservation of Physical Evidence
Investigators often need to inspect:
- The truck
- Trailer and load
- Damaged parts
- Safety equipment
- Guardrails or barriers
- Your vehicle
Rushing this process risks losing evidence needed for your claim. While you may be eager for answers, patience is essential.
Witness Interviews and Surveillance Footage
Lastly, investigators will need to track down other motorists and eyewitnesses who may have observed part or all of the accident. Dash-cam or surveillance footage can also be invaluable when litigating your claim. The more pieces of the puzzle your lawyer has, the stronger the case will be.
FAQ
How Long Does a Truck Accident Investigation Usually Take?
Truck accident investigations can take several months to complete, especially if one or more parties suffered severe injuries. If anyone resorts to stall tactics, the process can take years.
What Is Considered the Most Important Type of Truck Accident Evidence?
Black box data is one of the most important types of evidence because it provides objective, time-stamped information about speed, braking, and engine performance. Logbooks, dashcam footage, and maintenance records are also important forms of evidence.
Why Are Trucking Companies So Quick to Respond After a Crash?
Many companies are focused on damage control and minimizing their liability. They want to limit their exposure and protect their financial interests.
Can a Lawyer Still Get Evidence if the Trucking Company Refuses to Cooperate?
Yes. Your attorney can file a preservation letter that compels the trucking company to retain any evidence. They can also obtain a court order to access ECM data or other relevant information.
Do I Need a Lawyer for a Texas Truck Accident Case?
Yes. A lawyer can protect your rights and gather evidence as they work to obtain fair compensation for you.
Get Help From a Compassionate Truck Accident Lawyer
Have you or a loved one been injured in a crash involving a commercial truck? Ramsey Law Group will conduct a thorough investigation and help protect your rights as you strive to receive fair compensation. Contact Ramsey Law Group to schedule a free consultation.