Truck Accident Investigations

Truck accidents are very serious and often deadly situations because of the massive forces that tend to be involved. These accidents can result in significant property damage, high medical bills for the victims, lost wages and more. Truck accident investigations are often conducted to determine who was responsible for causing such devastating consequences.

Time is of the essence after a truck accident, and an investigation should begin as soon as possible. Vital evidence can disappear in a matter of hours, and if it isn’t collected, victims may not be able to receive the compensation they need to go on with their lives as best they can. Therefore, it’s usually a good idea to reach out to experienced attorneys who understand how to conduct truck accident investigations.

Understanding Truck Accidents in Kansas

Before you reach out to an attorney, it is a good idea to have a firm understanding of how the state of Kansas handles truck accidents. Having a good understanding of these situations can also minimize the risk of these devastating events even taking place.

Gaining a better understanding of truck accidents starts with understanding how they are typically caused. Common factors that contribute to a truck accident include:

• Bad weather conditions. Snow, freezing rain, fog, and other bad weather can greatly increase the risk of an accident by making a truck more difficult to handle or by decreasing visibility. Truck drivers are trained to adapt their driving in these conditions, but they still significantly increase the risk of an accident.
• Distracted driving. Most modern cars have a display screen that shows anything from navigation to the current song or radio station being played. While these screens are very useful, they can also be a source of distraction, and even just a few moments of distraction can significantly increase the risk of an accident.
• Driver fatigue. Under federal law, truck drivers have mandatory rest periods and breaks that are designed to keep them from being fatigued on the road. However, drivers are under significant pressure to deliver their loads as quickly as possible and this can often result in a driver being tired behind the wheel.
• Excessive speed for road conditions. All drivers on the road are expected to stay below the speed limit, even though many of them don’t. Drivers are also expected to drive much slower than the speed limit in bad road conditions.
• Mechanical breakdowns. Trucking companies are expected to perform routine maintenance on their vehicles, and drivers are expected to conduct regular inspections before they hit the road. If a company or driver is negligent in their duty, a serious mechanical issue could be missed, increasing the risk of a truck accident caused by mechanical failure.

Regardless of their cause, truck accidents can result in serious injuries and fatalities. Traumatic brain injuries, broken bones, dismemberment, serious burns, and more are all possible, given the serious forces involved in truck accidents that occur at high speed. These accidents can also leave behind emotional and psychological injuries. These injuries can be hard to see, but they can be long-lasting and life-changing.

In addition to causing injuries, truck accidents can also cause serious damage to vehicles, private property, and public infrastructure. At the bare minimum, this leads to traffic congestion and transportation delays. Serious accidents involving combustible, explosive, or hazardous materials can lead to road closures and lasting effects on the surrounding area. When this happens, a truck accident investigation becomes broader in scope and can take up significant time and resources.

The Investigation Process

Truck accident investigations are conducted for several very important reasons. Law enforcement may conduct an investigation to determine any criminal wrongdoing. Officials also might investigate to uncover any systemic issues causing a pattern of similar accidents.

These investigations are also conducted for liability purposes. Accident victims and their legal representation might investigate to determine which parties are at fault in an attempt to seek compensation. Insurance companies also might conduct investigations in response to claims made by victims. Parties that are the subject of legal action might also conduct investigations as part of their defense.

A typical investigation process will involve several stages, including:

Examination of the Scene

The scene of an accident contains a lot of information, and investigators will typically comb through the scene to collect as much physical evidence as possible. Investigators will also take photographs and video of evidence like tire marks and debris in the road. Investigators will also look at the roadway to identify any hazardous conditions.

Interviewing Witnesses

Eyewitnesses come across as highly credible with most juries, and collecting statements from them can be valuable. Multiple witness interviews can be used to corroborate facts. Interviews can also be used to dispute claims made by a defendant.

Analyzing Black Box Data

Commercial trucks have so-called black boxes that record information while a truck is operational. Known as electronic control modules, these devices can contain highly valuable data related to an accident, including the speed at which the truck was traveling, braking action, and engine activity. This information could be used to show that a truck driver was liable or not liable for causing an accident.

Reviewing Company Records

Under federal transportation law, trucking companies must keep records of driver activities and truck maintenance. These records can be invaluable in the course of a truck accident investigation. These records could reveal a driver’s performance history, training, and past violations. They could also reveal the maintenance history of a truck and whether it had been involved in previous accidents.

Consulting Experts

Before law enforcement or a truck accident attorney takes action on a case, they often consult with experts, such as mechanical engineers and medical professionals. These consultations can guide legal actions, and the experts could potentially become witnesses if the case goes to trial.

The Role of Law Enforcement in Truck Accident Investigations

Because truck accidents can be such serious situations, law enforcement often gets involved to ensure that the public is kept safe, the accident scene is managed, and any evidence is preserved.

Immediately after an accident takes place, police officers and other first responders are the first ones to arrive. Their job is to move quickly to keep everyone safe and prevent additional injury. This usually involves protecting the scene, diverting traffic, offering medical assistance and clearing the scene so that traffic can resume.

Law enforcement may also document and collect evidence at the scene. Police investigators might come to the scene to take photographs, talk to any witnesses, measure skid marks, and look for any relevant evidence. Police officers put together an accident report that usually functions as a key document in any insurance claim or legal action.

Who Conducts Truck Accident Investigations in Kansas?

In addition to law enforcement, truck accident lawyers and insurance companies will also conduct truck accident investigations. Both sides of this investigation will work to gather evidence and build a case for their company or their client.

Having legal counsel is essential for crash victims to find their way through the intricacies of the legal system. Our attorneys can advocate for your rights, negotiate with insurers, and, when necessary, take a case to court. We ensure our clients get the compensation they need for their injuries and damages they have suffered.

One of the biggest responsibilities our attorneys have is conducting thorough truck accident investigations. We collect additional evidence and gather expert opinions, and access official records to bolster our clients’ claims. This extensive approach helps increase the likelihood of a good result.

Insurance companies conduct their own truck accident investigations that are more focused on handling claims that come from truck accidents. They usually have claims adjusters who look into truck accidents to establish liability. These professionals diligently review truck accident claims, any evidence, the accident report, and documented damages to determine fault. Insurance adjusters follow set protocols and rules to formulate an assessment.

While an insurance company may try to frame the assessment as objective, insurance adjusters are incentivized by their employers to play down the injuries and damages suffered in a truck accident.

Incidentally, the Kansas Department of Transportation may also conduct truck accident investigations in the interest of public safety. A DOT investigation might focus on any road conditions, markings, signs, and other factors that led to an accident. The findings of this investigation would likely be used to improve road safety and decrease the number of truck accidents on our state’s roads.

Let Bretz Injury Law Handle Your Truck Accident Case

At Bretz Injury Law, our legal experts have extensive experience with truck accident investigations. We have a deep understanding of semi-trucks, their proper operation, and the responsibilities of trucking companies.

If you have been in a truck accident, we will diligently investigate the accident scene, talk to witnesses, and consult with experts to get you the compensation you need. Contact us today by calling 620-RESULTS to find out how we can help.