Key Steps After a Semi-Truck Accident Investigation
Feb. 17, 2025
Accidents involving semi-trucks can result in serious injuries, property damage, and even fatalities. A thorough investigation is crucial to determine the cause, identify responsible parties, and establish a strong case for victims seeking compensation.
Understanding the key steps involved in a semi-truck accident investigation can make a significant difference in the outcome of a claim. Serving St. Joseph, Missouri, you can count on Johnson Law Firm.
1. Get Immediate Medical Attention for All Parties Involved
The first and most critical step after any accident, particularly a semi-truck accident, is making sure that everyone involved receives immediate medical attention. Injuries sustained in truck accidents can range from minor to life-threatening, and it’s essential to document all injuries as soon as possible.
Even if the victim feels fine after the crash, adrenaline can mask symptoms of serious injuries. Personal injury lawyers should advise their clients to seek medical treatment immediately, regardless of how minor their injuries may seem. Medical records serve as crucial evidence for any personal injury claim and play a significant role in demonstrating the severity of injuries.
2. Gather and Preserve Evidence From the Accident Scene
Once medical attention has been provided, it’s important to collect as much evidence from the scene of the accident as possible. This includes photographs of the vehicles, the surrounding area, skid marks, road conditions, and any other relevant details. Personal injury lawyers should emphasize the importance of this step. The sooner evidence is gathered, the better.
Additionally, personal injury lawyers should work with investigators to obtain the truck's black box data, which records vital information such as speed, braking, and acceleration. This data can offer invaluable knowledge about the truck driver's actions before and during the accident.
It’s also important to obtain witness statements, especially from anyone who may have witnessed the accident or the moments leading up to it. Witnesses can provide crucial testimony that can strengthen the case.
3. Investigate the Truck Driver’s Records and History
The next step in the investigation process is reviewing the truck driver’s records and history. This includes examining their driving history, any prior accidents or violations, and their qualifications to operate the vehicle.
Personal injury lawyers in Missouri should obtain copies of the truck driver's logbooks, which document their hours of service. Violations of hours-of-service regulations are common causes of truck accidents and personal injury lawyers should thoroughly investigate any potential violations in this area.
Personal injury lawyers should also review the truck driver’s background for any history of substance abuse, reckless driving, or other disqualifying issues that could have played a role in the accident. Trucking companies are required to perform background checks on their drivers, and any failure to do so could be grounds for liability.
4. Examine the Trucking Company’s Role and Liability
In addition to investigating the truck driver’s actions, personal injury lawyers should also focus on the trucking company’s role in the accident. Trucking companies are responsible for making sure that their drivers are properly trained, well-rested, and following all safety regulations.
Investigating the company’s practices can uncover negligence or failure to comply with industry standards. For example, if the trucking company failed to maintain the vehicle properly or pushed its drivers to work beyond legal limits, it could share liability for the accident.
Personal injury lawyers should request maintenance records, employee training records, and any documentation regarding the company’s internal policies. These records can help establish a case for vicarious liability, where the company can be held responsible for the actions of its employees.
5. Investigate the Vehicle and Equipment Involved
Trucking accidents often involve issues related to vehicle maintenance and equipment failure. Personal injury lawyers should investigate the condition of the truck and its equipment to identify any potential mechanical failures or defects that could have contributed to the accident.
The truck's brakes, tires, and lights should be inspected to make sure they were functioning correctly at the time of the accident. If any component of the truck was defective or improperly maintained, the manufacturer or repair company could be held liable. Personal injury lawyers should consult with expert witnesses to conduct thorough inspections of the truck.
6. Review State and Federal Regulations
Semi-truck accidents are subject to both state and federal regulations, which govern everything from the weight limits of the vehicle to the driver’s qualifications. Personal injury lawyers in Missouri must be well-versed in these regulations to identify any violations that may have contributed to the accident.
For instance, the Federal Motor Carrier Safety Administration (FMCSA) sets strict rules regarding hours of service, truck maintenance, and the training of commercial drivers. Violations of these regulations can be used as evidence of negligence in a personal injury claim.
7. Consult With Expert Witnesses
Expert witnesses play a key role in semi-truck accident investigations, and personal injury lawyers shouldn’t hesitate to consult with them when building a case. Experts can offer valuable knowledge about accident reconstruction, the cause of mechanical failures, or the psychological impact of the accident on the victim.
An accident reconstructionist can help recreate the events leading up to the crash and determine fault based on physical evidence. Medical experts can also provide testimony regarding the long-term effects of the victim’s injuries and the necessary treatment. Personal injury lawyers will select experts who have relevant experience to support their client’s case.
8. Consider Potential Contributory Factors
In many semi-truck accidents, multiple factors contribute to the crash. Personal injury lawyers should investigate all possible contributory factors to make sure that no stone is left unturned. These factors may include poor road conditions, inclement weather, and even the actions of other drivers on the road.
For instance, if the accident occurred due to road construction, a personal injury lawyer may explore the possibility of a claim against the government entity responsible for maintaining the road. Similarly, if another vehicle caused the accident by cutting off the truck driver, that driver may share liability for the incident.
By considering all potential contributing factors, personal injury lawyers can build a more robust case for their clients.
9. Pursue a Thorough Legal Review
Once the investigation has been completed, it’s crucial for personal injury lawyers to conduct a thorough legal review of all the evidence gathered. This review should include a detailed analysis of the truck driver’s and trucking company’s liability, potential negligence on the part of third parties, and the impact of the victim’s injuries.
Personal injury lawyers should also evaluate the strength of the victim’s case, considering any possible defenses the opposing party may raise. This review will help determine whether it’s in the best interest of the client to pursue a settlement or proceed to trial.
10. Negotiate or Litigate the Case
Finally, after a comprehensive investigation and legal review, personal injury lawyers will either negotiate a settlement or litigate the case in court. Settling the case out of court can often be a faster and less costly option for all parties involved. If the trucking or insurance company refuses to offer a fair settlement, personal injury lawyers should be prepared to take the case to trial.
Litigation in truck accident cases can be complicated and time-consuming, but a skilled personal injury lawyer can effectively present the evidence gathered during the investigation to persuade the court to rule in the client’s favor.
Key Points to Remember During a Semi-Truck Accident Investigation
Medical attention: Make sure immediate medical treatment for all parties involved.
Evidence collection: Gather photos, witness statements, and vehicle data.
Truck driver’s records: Review driving history, logbooks, and background.
Trucking company’s responsibility: Investigate training, maintenance, and internal policies.
Vehicle condition: Check for mechanical failures or defective equipment.
Regulatory violations: Identify violations of state and federal regulations.
Expert consultation: Work with experts in accident reconstruction and medical fields.
Contributory factors: Investigate all potential contributing factors, such as road conditions or actions of other drivers.
Get in Touch Today
Accidents involving semi-trucks can be devastating, but with a thorough investigation and proper legal guidance from a personal injury lawyer, they can get help securing compensation. Luckily, Johnson Law Firm is on your side.
The firm serves clients in St. Joseph, Missouri, and throughout the St. Joseph area, including Country Club, Platte City, Plattsburg, Stewartsville, Savannah, Cameron, and Lathrop. Contact Attorney Johnson today.