From a Truck Accident Lawyer: Our Approach to Truck Accident Investigation
Through more than a decade of fighting for the rights of truck crash victims, I have come to understand the importance, value and requirements for properly investigating a truck crash. As an experienced truck accident lawyer, I appreciate the intricacies of the investigative approach and the value that the proper approach brings to winning a truck accident lawsuit.
The Importance of Truck Crash Investigation
The gathering and preservation of evidence is often critical in gaining full justice and recoveries for our clients’ devastating losses. Getting to the crash scene as soon as possible, following up with the relevant authorities and agencies and conducting a comprehensive investigation is crucial in developing a detailed and comprehensive understanding of the facts of the case. That in depth knowledge about how a truck accident happened, what took place before the crash and what followed, in addition to knowing the applicable laws and safety guidelines enables my firm and me to develop the strongest case in our fight for justice for our clients.
Skilled Truck Accident Investigators
As with many other aspects of trucking accident litigation, the investigation of a trucking accident requires special skills, experience and expertise. The key to a successful investigation is a detail-oriented investigator who is tenacious in the pursuit of the information, comprehensive in his approach and honest and ethical in the handling of evidence. The investigator will interview witnesses effectively and will accurately document the accumulation of evidence, while detailing the chain of custody in the preservation of evidence.
An additional, but under-appreciated, skill set of a good trucking accident investigator is a solid working knowledge of the federal, state and local safety guidelines, rules and laws that govern the safe maintenance and operation of trucks. This specific expertise will help the investigator spot violations or evidentiary concerns that will be directly relevant to the pursuit of justice for our clients.
On-scene Truck Accident Investigation
Many truck accidents cases turn on evidence discovered through the detailed inspection of the interior of a truck. This inspection can often raise issues of misconduct by the driver as evidenced by such as medical pills, alcohol, drugs, radar detectors, duplicate log books, receipts with date and time stamps and various forms of energizers and uppers to help the driver stay awake.
While on-scene investigations are the first step, they are by no means the last. In the days and weeks following the truck crash, a good investigator will look to verify proper licensing of the truck driver and his vehicle, as well as making sure that the trucking company has up to date licenses and insurance. The investigator will identify and contact any potential witnesses.
The investigative team will do full background checks on all the parties that had any ownership or responsibility for the truck driver, truck and trailer equipment failures that may have been involved or the cause of any kind of a truck crash. This kind of background research can provide insight into the prior accident history and/or history of violations of truck companies and drivers. That insight could indicate that they were extremely dangerous and should not have been on the road to begin with — which can help develop a case for punitive damages as well as full compensatory damages.
Our Truck Accident Emergency Response Team
At Whiting Law Group, we have formed a trucking accident emergency investigative response team to preserve critical evidence in trucking accident cases. Preserving evidence is critical in determining the fault of the truck driver, trucking company or any other parties involved in causing the truck accident. Identifying and documenting violations of the Federal Motor Safety Carrier Administration regulations (which govern truck drivers and truck companies’ conduct) in a timely manner is hugely critical to the success of a case.
Within 24 hours of our firm being hired, our trucking accident emergency investigative response team will go to a scene, immediately begin photographing the roadway, searching the remaining debris, obtaining full measurements of the roadway, the skid and/or braking marks and photographing speed limit signs and any caution signs. Our team will identify and interview all witnesses at the scene of the crash. They will inspect the vehicles involved in the collision either at the roadside or where those vehicles have been stored. The investigation will include downloading the electronic control module evidence on board the big trucks – these modules will indicate vehicular speed and braking times, both of which that are invaluable in determining how the trucks were traveling at the time of the crash.
Truck Accident Lawyers
When I first started Whiting Law Group more than a decade ago, I knew I wanted to fight for the “little guy”. As previously posted on this site, Whiting Law Group is committed to fighting for the those rights of those injured by the negligence of others. Over the years, we have become a leading firm of truck accidents lawyers, with a proven track record of success.