The Investigation Process After a Truck Accident

Truck accidents are often catastrophic, involving severe injuries and complex legal implications. A thorough investigation process in a truck accident is crucial to uncovering the causes, determining liability, and securing justice for the victims. This process requires swift action, meticulous attention to detail, and an experienced legal team to navigate the challenges posed by trucking companies and their insurers.

David P. Willis, a board-certified personal injury trial lawyer with over 40 years of experience, specializes in handling serious and catastrophic injury cases involving truck accident, industrial accidents, truck tire defects, truck rollovers and other case. His expertise, combined with a proven track record of fighting large corporations, ensures that victims receive the justice and compensation they deserve.

At Willis Law, our experienced team has over 40 years of expertise handling truck accident cases. David P. Willis, a Board-Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization, has dedicated his career to fighting for justice for accident victims. Backed by a reputation for tenacity and access to a nationwide network of co-counsel, Willis Law is well-equipped to handle even the most complex truck accident cases on a contingency fee basis, meaning you pay nothing unless we win.

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The Importance of a Thorough Truck Accident Investigation

A truck accident investigation goes beyond identifying who was at fault. It seeks to uncover critical facts about the collision, such as:

Driver behavior

Reviewing black box data, GPS tracking, and driver logs to determine if speeding, fatigue, or distracted driving played a role in the crash.

Vehicle condition

Examining maintenance records, brake systems, and tire conditions to uncover mechanical failures or FMCSA violations.

Road conditions

Assessing weather, lighting, and road signage that may have contributed to the crash.

Trucking companies act fast after a collision, deploying legal teams and rapid response investigators to secure evidence in their favor. They may attempt to repair the truck, alter logs, or minimize liability. This is why it is crucial for victims to act immediately and hire an experienced truck accident attorney who understands the intricacies of truck accident cases. A skilled lawyer will preserve evidence, interview witnesses, subpoena crucial documents, and challenge the trucking company’s defense to ensure victims receive the justice and compensation they deserve.

Steps in the Truck Accident Investigation Process

01 Securing Evidence at the Scene

Preserving evidence is the cornerstone of a successful investigation. An experienced legal team will:

Document the accident scene through photos and videos, capturing skid marks, vehicle positions, and road conditions.
Collect physical evidence, such as debris, tires, and damaged vehicle parts, to analyze the mechanics of the collision.
Ensure the preservation of the truck’s black box data, which records crucial information like speed, braking patterns, and driver behavior.
Examination and Inspection of the Truck’s Brakes tom determine wear, failure and ability to stop the truck.

These steps are particularly vital in cases involving truck rollovers and underride accidents, where smaller vehicles collide with a truck’s trailer. Proper investigation can reveal whether the truck’s brakes were working and whether underride guards were defective or missing.

02 Interviewing Witnesses

Eyewitness testimony is invaluable in reconstructing the accident and establishing fault. Witnesses can provide critical insights into:

The truck driver’s actions before the crash, such as erratic driving, sudden lane changes, or aggressive maneuvers.
Any signs of reckless or distracted driving, including speeding, texting, or ignoring traffic signals. The conditions of the road and surrounding traffic at the time of the accident, which could indicate contributing factors like poor visibility, road hazards, or other vehicles’ involvement.

Gathering and Analyzing Key Documentation

Logbooks and Hours of Service (HOS) Compliance

Truck drivers are required to maintain logbooks that document their Hours of Service (HOS). These records can reveal whether the driver violated federal regulations, such as exceeding permissible driving hours or failing to take mandatory breaks. Non-compliance with HOS regulations often points to fatigued driving, a leading cause of truck accidents.

Maintenance Records and Vehicle Inspections

Ensuring that the truck was in proper working condition is another critical step. Reviewing maintenance logs can uncover whether:

Routine inspections were neglected.
Mechanical issues, such as brake failures or tire blowouts, contributed to the accident.

Investigating Cell Phone Usage

Distracted driving is a growing concern in truck accidents. Investigating the driver’s cell phone usage can determine whether they were texting, talking, or using multiple devices at the time of the crash. Evidence of distracted driving is often pivotal in proving negligence.

The Role of Experts in Truck Accident Investigations

Truck accident cases often require collaboration with specialized experts to establish liability and damages. These may include:

Accident Reconstruction Specialists: To recreate the events leading up to the collision and pinpoint its cause.
Biomechanical Engineers: To analyze the forces involved and how they contributed to injuries.
Black Box Experts: To download and interpret data from the truck’s electronic logging device.
Mechanical Experts: To examine critical components like brake drums and tires for evidence of neglect or malfunction.

In cases involving logs too long for the trailer in a logging truck accident or extended loads, expert testimony can demonstrate how improper cargo loading or securing contributed to the crash.

Filing a Temporary Restraining Order (TRO)

If there’s a risk that critical evidence might be lost or tampered with, filing a Temporary Restraining Order (TRO) or even the lawsuit is essential. A TRO or lawsuit ensures that:

The truck, trailer, and associated equipment are preserved for inspection.
Maintenance, truck driver logs and other driver records are not destroyed.
All relevant data from the truck’s black box and logbooks is secured.

This legal action is crucial for maintaining the integrity of the evidence, particularly when facing opposition from well-funded trucking companies.

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The Complexity of Determining Liability

Truck accident investigations are often more complicated than standard car accidents due to the multiple parties involved. Liability can extend beyond just the truck driver and may include trucking companies, manufacturers, cargo loaders, and even third-party maintenance providers. These parties may attempt to shift blame to avoid financial responsibility, making it critical to conduct a thorough investigation into the crash.

Potential Liable Parties in a Truck Accident:

Truck Drivers – Negligence such as speeding, fatigue, distracted driving, or impaired driving frequently contributes to serious accidents. Violations of FMCSA Hours of Service (HOS) regulations often indicate driver exhaustion.
Employers & Trucking Companies – Failing to enforce safety protocols, pushing drivers to meet unrealistic delivery deadlines, hiring unqualified drivers, or neglecting vehicle maintenance can make trucking companies liable.
Truck Manufacturers & Parts Suppliers – Faulty brakes, defective tires, and steering malfunctions can lead to catastrophic failures, placing liability on manufacturers or suppliers of defective truck components.
Cargo Loaders & Freight Companies – Improperly secured or overloaded cargo can cause rollovers, jackknife accidents, or braking failures, leading to devastating highway crashes.
Third-Party Maintenance Providers – If a truck was recently repaired, serviced, or inspected, but mechanical failure still occurred, a third-party maintenance provider could share responsibility.

Understanding the layers of liability and navigating complex defenses posed by trucking companies and insurers requires the expertise of a seasoned truck accident attorney who specializes in uncovering negligence and securing maximum compensation for victims.

Filing a Truck Accident Lawsuit

Once the investigation is complete, the next step is filing a lawsuit. This involves:

Identifying Defendants: Determining all parties responsible for the accident.
Filing the Complaint: Outlining the claims and damages sought.
Discovery Phase:Gathering additional evidence through depositions, document requests, and interrogatories.
Engaging in Mediation:Attempting to reach a settlement before trial.
Trial Preparation:If no settlement is reached, preparing the case for court, including presenting expert testimony and evidence.

Why You Need an Experienced Lawyer

David P. Willis, a board-certified personal injury trial lawyer with over 40 years of accident and catastrophic injury experience, is uniquely qualified to handle complex truck accident investigations. A former attorney for the Supreme Court of Texas, Willis is leading truck accident lawyer with the expertise and resources to take on the largest trucking companies.

With a contingency fee arrangement, Willis ensures that victims pay no fees unless compensation is recovered, making high-quality legal representation accessible to all. While licensed in Texas and New York, his ability to coordinate with co-counsel in other states further expands his reach, offering comprehensive support to clients nationwide.

If you or a loved one has been injured in a truck accident, don’t wait to seek legal help. The investigation process in a truck accident is crucial for securing evidence and building a strong case. Call us at 1-888-LAW-2040 or fill out our online form for a free consultation. Let us fight for the justice and compensation you deserve.

Call us at 1-888-LAW-2040 or fill out our online form.