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How to Investigate a Truck Accident Case

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It is quite easy to think of a truck accident in simplistic terms: “Truck P takes a turn and crashes into a car.”

However simple the situation might be, the litigation that’s likely to occur next will be quite technical in nature and will call for a considerable amount of evidence on the injured party’s end to win the case.

In anticipation of the trucking company putting up a tough fight (which they normally do), any professional lawyer should begin the case with an exhaustive investigation going beyond the one conducted by the police.

Here, in this post, we will explain how an accident lawyer firm investigates a truck accident in the right way. Let’s begin.

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The trucking company attorney should be present on the scene as soon as possible to collect evidence, talk to the witnesses, and help to get the story straight.

Delaying this step is not advisable. The sooner you hire the attorney, the better it is.

Spoliation Letter

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Preserving evidence begins with the dispatch of a spoliation letter to the parties involved in the accident.

It’s a document created by the attorneys putting the involved parties on notice regarding a pending lawsuit. This letter is enforced by law and any violation of the conditions may result in severe penalties from the court.

If the spoliation letter is not sent to the parties involved in the accident, there’s every chance for the defendants to tamper with the evidence. All trucking companies are not corrupt, but some are; so why even take the chance?

Reconstruction of The Accident

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Once the notice is given to all parties, the accident reconstruction begins. The evidence will be gathered and collated; all of which would be based on the individual requirements of your case.

Witness statements would also be recorded based on their personal knowledge of the accident. A truck accident expert may also be sent to the accident site to measure skid marks and other associated signs.

Witness statements typically play a valuable role in the reconstruction of the accident. It’s important to gather as much information as possible so you don’t miss out on any valuable eyewitness information.

During accident reconstruction, much of the evidence will be analyzed and reviewed. Depending on the location, the area will be checked for substances and oils that may have affected the collision.

An actual vehicle reconstruction comes with a massive amount of physical evidence and witness statements that may not be contained in a police report.

Preservation of Digital and Electronic Evidence

Preserving and gathering electronic evidence is a new strategy in litigating commercial truck accident cases. Hence, it is mighty important for attorneys to be up to date on this rapidly evolving field.

ECM (AKA Electronic Control Module) is a device tracking vehicle information regarding the performance of the engine. This data may include the vehicle speed, engine RPM, and whether the brakes were applied to a sudden stop or not.

GPS can also help in tracking vehicle movements. This data can play an important role in cross-checking the records the driver has put into his/her log.

Employer Records

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Employer evidence may also be taken. Employee training manuals and handbooks can reveal various details like:

  • Whether the driver was trained adequately or not.

  • The outcomes of an alcohol or drug test.

  • The possible existence of remedial measures.

  • Intoxication screens, etc.

Final Word – The Importance of Truck Accident Investigation

It’s imperative to start the investigation as soon as possible. Evidence, information, and data may get lost within a matter of months.

You should, therefore, contact a credible truck accident law firm who doesn’t waste time and jump straight into investigation right from the word go.

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