A collision that involves one or more trucks is never a small matter. All parties involved should seek legal advice so that neither will be blindsided.
To avoid losing the compensation due to you and eliminate the possibility of another accident, an accident investigation, monitored by both parties’ attorneys, should transpire. You only have a limited amount of time to seek compensation after an accident. So, you need to do the investigation quickly. With accident investigations, you’ll have an accurate idea of the root cause of the wreck.
Who should conduct the investigation? The police and a legal adviser like Groth Law Firm can conduct the investigation together or separately.
What’s the focus of the investigation? According to EHS Today, professional accident investigation should focus on the causes.
What happens when there is no accident investigation? Here are the things that you will risk if you don’t conduct a thorough and quick investigation after a truck accident:
One: The truck won’t be investigated.
One of the best pieces of evidence in an accident scene is the truck itself. How damaged is the vehicle? Has the vehicle been repaired? Who has repaired it? Usually, the trucking company tracks down the vehicle and pays someone to remove it from the scene. If you or your attorney fails to capture the condition of the truck, you will lose a significant evidence to your case.
The truck’s black box or Electronic Control Module (ECM) holds the most important information about the truck’s condition including the brakes, speed, etc. You will need to hire an expert to download this data from the truck.
Two: There is no clear picture of the scene of the accident.
Aside from the condition of the truck, you also need to cover the scene of the accident. What are the positions of the truck and your car? Are there track marks? It may be necessary for you take pictures of the scene, get the necessary measurements, and look for more physical evidence.
Three: You will miss the driver logs.
In building a case against the truck driver and his company, you might need to make inquiries from the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA requires truck drivers to make a log of their driving time along with all the stops they’ve made on their routes. Usually, the driver logs will tell you whether or not the driver has felt fatigue during the accident.
Four: You can’t check the personnel files.
Smart lawyers of trucking companies usually send a spoliation of evidence letter right away. This letter requests that certain essential information like the trucker’s employment history, background, complaint history, and alcohol test results be withheld from the other party. When this happens, it will be more difficult for your attorney to build your case.
By conducting an investigation, you increase your chance of getting full compensation for bodily injuries and car damages. You need to be quick and call a lawyer directly after the accident. If you can, get some pieces of evidence yourself. Take pictures. Get a copy of the police report. And list down potential witnesses.