How Truck Accident Investigations Work

Key Aspects of a Truck Accident Investigation

#1: Reviewing Company Records

Much of the information that exposes entities to negligence claims is available from the trucking company's records.

For instance, the company may be negligent by performing the following actions:

• Hiring drivers without first performing a thorough background check
• Improperly training drivers or hiring drivers who are inexperienced
• Keeping unqualified drivers on staff after flagrant mistakes (ex: drug abuse)

Driving Records, Accident Reports & Inspection Reports

The information trucking company records may reveal can dramatically influence the outcome of your claim. For example, trucking companies and drivers have a duty to inspect, repair, and maintain vehicles. A company's or driver's failure to fulfill this obligation to keep the large commercial vehicle in proper working order and safe condition can be determined by analyzing the company's maintenance records and records of the driver's required safety and equipment checks performed before, during, and after each trip. If a driver's drowsiness is an issue, crucial evidence could be obtained from a company's delivery schedules, which may have encouraged unsafe driving.

#2. Event Data Recorders (EDRs)

In truck accident investigations, one of the most useful tools is known as an Event Data Recorder (EDR). The EDR or “black box” records vital information about the vehicle that can be accessed by investigators after an accident. Every vehicle manufacturer creates its own set of parameters regarding what information is recorded by the EDR.

An EDR on a commercial truck may record such data as:

The systems are designed to record and store data for a set number of seconds prior to a collision. The data recording is generally controlled by the Airbag Control Module (ACM). The ACM uses sensors that instruct the EDR to store data after a collision that was severe enough or nearly severe enough to deploy the airbag.

Problems with EDR Data

EDR data can be an extremely useful tool for investigators and reconstructions, but it does have its limitations.

Some of the instances in which EDR data may not be reliable include:

• Data is contradictory to physical evidence
• Data has flat lines or spikes
• Multiple impact collisions
• Vehicle spins, rolls over, or goes airborne
• Improper download of the data
• Black box was damaged in collision

Multiple impact collisions can produce flawed EDR data since the timing of the impacts can cause the data to be overwritten or recorded out of sequence. Motor vehicle collisions that alter wheel speed, including vehicle spins and rollover accidents, can also impact the reliability of the recorded data.

#3. Interviews & Depositions

Usually, within hours of a truck accident, the trucking company's insurance company will have its investigators on the scene. There are good reasons for this sense of urgency. All of the information these eyewitnesses provide could prove to be crucial in developing a case. That’s why it’s imperative that victims of these accidents also have an attorney at the scene just as quickly. At Arnold & Itkin, you can rely on our legal team. Immediately after an accident, one of our attorneys or other staff can be there to investigate and conduct interviews with on-the-scene individuals.

Our accident scene investigators quickly arrive at the scene to interview key witnesses, such as:

• The driver of the truck
• Law enforcement officers
• Other drivers and potential witnesses

The testimonies given by the truck driver, law enforcement officers, and witnesses could prove to be essential in your case. Therefore, we act quickly in retrieving this information and recording it for use during court trials. Furthermore, connecting with witnesses and officers at the time of the accident could prove to be beneficial for future court proceedings which may require that we call upon them for sworn depositions.

Eyewitnesses, for example, can give a picture of the road layout, markings, surface conditions, traffic lights or sign positions, visibility, and lighting. They can say who they observed causing the accident and where the collision occurred. They can also give details about the state of the drivers, such as whether the trucker appeared to be intoxicated. In addition to visual details, these witnesses can say when they heard brakes screech, what the drivers said, and whether there were any attempts at a warning.

Witness reports can also confirm or strengthen physical evidence such as:

If these statements are properly recorded, they may be admitted in court to illustrate what occurred in an accident. There is a sense of urgency in obtaining their statements because accident witnesses often become unavailable as time passes or their memories fade. Still, if there are gaps in the witness statements or it's discovered that potential key witnesses were not interviewed, it may be necessary to conduct sworn depositions of these witnesses or collect affidavits.

#4. Examining the Truck to Reconstruct the Accident

Inspecting a large truck can shed light on what may have caused an accident to occur. This evidence may turn an entire case in our client's favor, enabling us to secure maximum financial compensation.

For instance, a vehicle inspector can do a full test of a commercial truck's air brake system, including:

Tire condition can also provide important evidence. A vehicle inspector will examine the following:

The goal of the accident reconstruction expert will be to determine factors such as speed, point of impact, and the time-distance relationship between the truck and the other vehicle at the time of the crash. However, because EDRs frequently erase data, you need to initiate an investigation quickly. At Arnold & Itkin, we work with vehicle inspectors, mechanical engineers, and accident reconstruction experts. They are among the best in their field, and we feel confident in their ability to examine any large truck and provide clear, accurate answers to important questions.

#5. The Scary Truth About Truck Accident Investigation Kits

Accidents involving commercial trucks can be catastrophic, and sometimes even fatal. In such situations, an accident investigation kit is an invaluable tool for truckers and their legal teams. These kits, which are a result of federal requirements regarding accident reporting, can be useful for documenting where and how accidents take place.

However, how that tool is used isn’t neutral. Truckers are trained to document accidents to get their employers off the hook. The insurance companies that work for trucking carriers sometimes use underhanded tactics to accident “investigations” to benefit their clients, leaving injured motorists unable to get what they need to recover.

What Is an Accident Investigation Kit (& Why Do Truckers Have Them?)    

An accident investigation kit is a collection of documents and forms that helps truckers gather information after a serious or fatal crash. It typically includes a set of questions that the trucker must answer, as well as other instructions on how to document the scene of the accident. Some kits include a camera specifically for photographing the scene.

The kit includes a set of questions that the trucker must answer, such as:

• What time did the accident occur?    
• What was the weather like?    
• What were the road conditions?    
• What was the traffic like?    
• Were there any witnesses?    

In addition to these questions, the kit also provides instructions on how to document the scene of the accident. This includes taking photographs of the vehicles involved, as well as any damage to the surrounding area. Reports often include diagrams of how and in what direction the collision occurred.

The Stated Purpose of Every Accident Investigation Kit    

Truckers have accident investigation kits because they are required to report all accidents to the FMCSA by federal law. The Federal Motor Carrier Safety Administration (FMCSA) mandates that all commercial drivers or their employers file an accident report with specific information about how and when a crash occurred. All commercial drivers who are required to have a commercial driver's license (CDL) are required to report accidents with roughly the same information. This includes drivers of large trucks, buses, and other commercial vehicles.

The federal purpose of the kit is to make sure that truckers are prepared to collect the required information after an accident, which can help to expedite the claims process and ensure that all parties get the compensation they deserve. At least, that’s the idea. How trucking accident investigation kits are used in reality is, sadly, a different story.

Accident Investigation Kits & "Fixers"    

Unfortunately, some trucking companies and their insurers use the information gathered by accident investigation kits to manipulate crash investigations in their favor. They may even send representatives to the accident scene to interfere with the investigation, itocover up any evidence that points to the fault of the company. This is commonly known as a "fixer"; the polite term is "crisis management attorney."

Motorists must be aware of these tactics and take steps to protect the integrity of the accident investigation. If physically able, they should make sure to document everything they can, and provide copies of their accident investigation kits to their legal teams. This can help to ensure that any evidence of the trucking company's fault is not suppressed.

Like the trucker, motorists ought to gather materials for their own investigation:

• Photos of the crash site    
• Document the weather    
• Document road conditions    
• Make note of witnesses    
• Document the traffic conditions    

However, most people who've been in a truck crash are often in a catastrophic health crisis and are in no condition to gather evidence. That's why calling a plaintiffs' lawyer as soon as possible could be crucial to your loved one's future.

What Happens to Truck Accident Investigation Paperwork After a Kit Is Completed    

Once the accident investigation kit is completed, the trucker provides a copy to their insurance company and legal team. The paperwork is typically used to help with the claims process, and can be critical in determining who is at fault.

If there was an accident that caused someone harm (either the trucker or another motorist), the paperwork may be used in court as evidence in a personal injury lawsuit. This is why it's so important for truckers to complete the accident investigation kit thoroughly and accurately, but it’s also why non-commercial motorists should also gather their own information. The data provided by the kits can have a significant impact on the outcome of the case, but it shouldn’t be the only record of the accident—especially if the information recorded is solely advantageous to the insurer.

Accident investigation kits are an essential tool for truckers who are involved in accidents. They provide a framework for gathering information and documenting the scene, which can be critical in ensuring that all parties can get the compensation they need. However, it’s vital to ensure that all the information is gathered and accounted for as quickly as possible, which prevents the insurance company from shaping the report in their own favor.

That’s where having a trucking lawyer is vital.

Have You Been Injured? Contact Arnold & Itkin Today: (888) 493-1629!

The breadth of an investigation encompasses assessments, intimate interviews, and attentive skill. We know this, and we aim for nothing less. Only when the causes of a truck accident are fully investigated and brought to light in court do truck insurance companies stand a chance of being taken down by the defense. It is our goal to ensure that each and every truck accident victim we represent is given the full possibility for recovery.

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