Uncovering the cause is critical for legal and insurance purposes, especially when seeking compensation for damages or injuries sustained.
Taking the following steps can help you determine the cause of your truck accident:
Obtain a police report. Obtaining the police report is always a fundamental step. The responding officers will usually document their initial findings, witness statements, and their opinions on how the accident may have occurred. Often, police reports contain valuable insights that can set the groundwork for further investigation and be used to determine what caused a truck accident.
Have your lawyer investigate the accident scene. A lawyer with experience in trucking accidents will know what to look for at the accident scene, from skid marks and debris distribution to malfunctioning traffic signals – all of which can provide clues about the accident’s cause.
Send a spoliation letter. Sending a spoliation letter is a legal action that requires the preservation of all evidence related to the accident. It includes the truck, the cargo, the driver’s logs, and any electronic data available from onboard systems (also known as the “black box” data). This action helps prevent critical evidence from being repaired, erased, destroyed, or tampered with.
Review the truck driver’s logs and personnel file. A thorough examination of the driver’s logs can reveal if they were following the mandated hours of service (HOS) regulations designed to prevent accidents due to fatigue. HOS rules require a minimum 30-minute break after eight cumulative hours of driving. The truck driver’s personnel file might shed light on their training, experience, and history within the industry, which can all be factors in the accident.
Check trucking company records. Investigating the trucking company’s records can uncover whether they have a history of safety violations, accidents, or negligence in maintaining their fleet. In some cases, the pressure from the company to meet delivery deadlines can indirectly contribute to truck drivers’ risky driving behaviors and fatigue, leading to accidents.
Hire accident reconstruction experts. Accident reconstruction experts are trained to analyze the evidence and simulate the accident scenario to determine the likely cause or causes. Their experience provides scientific explanations that support legal discussions, reinforcing the conclusions drawn from the investigation.
You might want to get the assistance of a lawyer to ensure that you know how to correctly determine the cause of your truck accident and that all liable parties are held accountable.