commercial vehicle accident investigation

How Commercial Vehicle Accidents Are Investigated

Truck accident investigations have many stages that involve law enforcement officers, insurance companies, and lawyers. Although the road to a commercial vehicle accident settlement might seem lengthy and complicated, it’s critical to find out the truth of what happened. Accident victims deserve a detailed process that examines all the evidence.

Police officers are usually first on the scene of commercial trucking accidents. Their on-site information gathering is essential evidence for later legal proceedings. But investigation doesn’t stop there. The independent investigation done by lawyers looks at even more data that includes the actions of the truck driver leading up to the collision.

This information-gathering helps to determine who is at fault in the accident. This can be very complicated in a commercial vehicle crash, as both state and federal regulations are in place to protect the safety of drivers and passengers. Long-haul truck drivers have to follow many rules that are in place to lower the risk of motor vehicle accidents.

Fault and liability directly impact the settlement an accident victim can receive. The average settlement for commercial vehicle accidents is hard to calculate, since amounts vary widely. What’s most important is knowing exactly what happened and how a truck crash affected the victim. A complete investigation is therefore necessary to support their recovery.

Overview of Commercial Vehicle Accidents Investigation Process 

Commercial vehicle accidents are first investigated by law enforcement. They are first responders at the scene along with medical personnel such as ambulances and paramedics.  

If you are involved in a truck accident or witness one, you should call 9-1-1 so police can come right away. Before you do this, you should get to safety if possible. Check for injuries and get medical attention as soon as you can. Follow all instructions from medical personnel and police. If officers ask for a statement, be sure to provide one. 

By law in Louisiana, state police or the sheriff’s office must investigate all accidents causing injury, death, or property damage greater than $500 that happen outside of city limits. Law enforcement has a similar obligation in Texas. In fact, some Texas communities have special Commercial Vehicle Enforcement Units (CVEs) that help Traffic Investigations Units (TIUs) investigate large truck crashes that result in serious injury or fatality. 

When police come onto the scene, they will perform many important investigative duties. You might see them speaking with people and gathering physical evidence like:

  • Interviewing involved parties such as drivers and passengers
  • Interviewing witnesses 
  • Taking statements from drivers and passengers
  • Recording evidence at the scene such as driver behavior and appearance
  • Taking pictures of the scene
  • Performing blood alcohol level testing

Law enforcement officers will write up a police report on the accident. This report is important evidence for later on in a legal case. Because a police report is based on evidence gathered shortly after the accident, it is considered very reliable evidence. Police officers are also expected to uphold truth and integrity in their evidence reporting. 

The investigation process continues when you hire a truck accident lawyer to handle your case. Legal teams gather significant information to create a full picture of the accident and what might have caused it. This can involve:

  • Interviewing additional witnesses
  • Inspecting the accident scene
  • Gathering black box data
  • Analyzing driver logs
  • Reviewing maintenance records

The thorough investigation done by legal teams strengthens client cases. It can improve the chances of a successful outcome in a legal case. That’s in part because lawyers are gathering every piece of evidence that might shed light on the truth of what happened. This evidence is vital to determining who’s at fault in a commercial vehicle accident.

Evidence Collection Process 

The process of gathering evidence is detail-oriented. There is evidence immediately available at the scene, such as vehicle damage, witness testimony, and drug and alcohol testing of the drivers. But there’s also other evidence that might support a legal finding of negligence on the part of the driver or the trucking company. 

Lawyers look into the driving history of the commercial truck operator as well as the maintenance records of the vehicle. This independent investigation might reveal whether a series of events before the crash were part of its cause. 

The Federal Motor Carrier Safety Administration (FMCSA) enforces laws about driver behavior and vehicle safety that might increase the risk of a crash. Driver records let legal teams know if an operator wasn’t following those regulations. Perhaps a driver didn’t take the mandatory break after eight hours of driving time or failed to take enough off-duty time between shifts. 

These violations are important as they can help show driver negligence if it occurred. Collecting detailed evidence is important for suing the trucking company if their driver caused an accident, but also to help hone in on the major cause of the crash.  

Another key piece of evidence is data from a vehicle black box. This is the onboard computer of the commercial vehicle. Many commercial trucks have an event data recorder (EDR). This recorder is designed specifically for use in accident investigations. It can include information like speed, braking, steering, and other driving behavior.   

Although not all commercial vehicles have an EDR, by law all must have an electronic logging device (ELD). This records driving time among other metrics about time on the road. An ELD is a way to check that drivers are following things like hours of service regulations and are taking enough time off to sleep. 

This data about driver activity can provide verifiable evidence for a legal case. It can help support statements from witnesses about what they saw. Lawyers also make sure they have tried to reach and interview all possible witnesses in order to have a complete perspective on the event. 

Assessing Liability 

Commercial vehicle accidents often have many contributing factors. All drivers involved might have done some activity that led to the crash or made it worse. In Texas, proportionate responsibility in accidents means assessment of liability can affect the amount of a settlement or jury award. That’s another reason why it is essential to work with an experienced personal injury attorney with knowledge of commercial truck accidents.

Factors Affecting Liability 

Liability is another way of saying who’s at fault for a truck collision. Among the major causes of commercial truck accidents, mistakes made by a driver are the most common. 

In fact, a large study by the FMCSA found that 87% of truck crashes were because of driver action or inaction. Ten percent were because of vehicle issues and 3% were from environmental factors.  

Here are some of the most common driver errors that lead to truck accidents in the U.S.:

  • Decision errors: Speeding and failing to adjust speed. 
  • Recognition errors: Misinterpreting signals such as traffic signs or failing to see environmental cues to change driving behavior.
  • Non-performance errors: Failing to reduce speed at stoplights or failing to slow down at turns or during traffic merges.
  • Performance errors: Driving aggressively or overcompensating after a turn.

When a driver does not meet their responsibility to drive skillfully and cautiously, it might mean the driver was negligent. Negligence is a legal term that means a person acted carelessly and might be subject to legal consequences.

Some factors that can lead to driver negligence include:

  • Drug or alcohol use while driving
  • Distracted driving
  • Texting and driving
  • Use of mobile devices while driving
  • Driving while fatigued
  • Driving for too many hours
  • Driving without properly securing cargo

Vehicle errors often come down to poor maintenance on the part of the trucking company that owns the vehicle. Truck accidents caused by lack of proper maintenance are unfortunately preventable events that could have been avoided with repairs and upkeep. 

Here are some of the most common vehicle errors leading to truck accidents:

  • Brake problems
  • Tire problems
  • Cargo shifting

Environmental conditions can also cause truck accidents. This is when road conditions and adverse weather lead to a collision.

Often many causes are at play in a commercial truck accident, like when a tired driver encounters bad weather. A legal team can gather and analyze the evidence to find out all the factors to build a solid case as part of a lawsuit.

Role of Insurance Companies 

Insurance companies also investigate commercial vehicle accidents. This is standard practice for insurers since they might have to pay out after a crash. An insurance company might want to shift liability away from their policyholders so they don’t have to pay as much. 

There might be several insurers involved in a single crash. The truck driver is generally covered by the trucking company’s insurance if they are an employee. Or by their own insurance if they are an independent contractor. The insurers of the other vehicles also perform investigations.

During a truck accident lawsuit, a lawyer can handle negotiations with insurance companies to get victims the best possible settlement. This can be important for people recovering from serious injury who should devote as much time and energy as possible to their health and healing.  

Legal Implications 

These commercial vehicle accident investigations all impact how a legal case proceeds. State and federal law can also come into play as further evidence that a driver or trucking company wasn’t following the rules. They might be subject to penalties under those federal and state laws.

Often in a truck accident claim, it is the insurance company of the at-fault party who pays a settlement to the injured party. Because of this, the insurer’s own investigation might look for reasons to put blame on someone else. It is the work of lawyers to fight for a fair settlement that compensates for the full extent of losses. It is common for insurers to low-ball a settlement until they are met with strong advocacy from a personal injury lawyer.

FMCSA regulations are also important considerations. A trucking company can face consequences for poor vehicle maintenance. At the same time, a driver can become disqualified from driving if they commit an offense under the law. When a lawyer is making the case that fault should rest mostly, if not entirely, with the truck accident driver, violating the FMCSA regulations can be important evidence.  

That’s also the case for state regulations. Both Texas and Louisiana have detailed requirements for holders of commercial driver licenses. If drivers don’t uphold these rules, they can face state penalties. It’s also further evidence in a legal claim that the truck crash was because of a driver’s action or inaction. 

The Role of Truck Accident Lawyers 

If you have been involved in a commercial vehicle accident, a lawyer can help. 

In the days following the event, you might be overwhelmed with medical care, loss of income, and inability to care for your family. This is also the time when you are asked to fill out lengthy insurance forms. If negligence played a role in your truck accident, you might not even know where to begin. 

Lawyers can help in two important ways:

Legal representation: Lawyers can represent your interests in dealing with insurance companies. They can speak on your behalf to advocate for a fair settlement that takes the full scope of your losses into account. If you go to court, your legal team can stand for your rights in front of a jury so you have better chances of a positive legal outcome.

Navigating the complexities of a case: Lawyers can sift through the many details of a commercial vehicle accident to pinpoint the exact causes of a collision. When multiple parties are involved, lawyers can cut through the noise to make a strong case on your behalf. As you are focused on getting better, your legal team can worry about the maze of state and federal regulations. 

Above all, a legal team can put your interests first. To get an advocate that works for you, get in touch with the legal team at Morris & Dewett Injury Lawyers today. 

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.