Information

Truck Accident Litigation Lawyer

It is important to investigate a truck accident immediately. A law firm and/or attorney handling a truck accident case should immediately send out a preservation letter requesting that the truck company and driver preserve the following types of evidence:

1) Drivers logs for the six months before the accident;

2) Code drivers logs for the same period of time;

3) The drivers qualification file and all incident reports involving the driver;

4) Off 70 hour and other compliance audits of the driver and co-driver;

5) All trip receipts, weight tickets, bills of waiting, and other operational documents;

6) Satellite tracking information from the six months prior to the crash;

7) Bills and statements from Com Data or similar expense and cash advance services used by the carrier;

8) All information contained in or from on-board data recorders also called ECM units (electronic control units) or black boxes, most trucks now carry data recorders that allow the retrieval of the information from the accident if the information is obtained quickly and before the information is erased from black box;

9) Email and other communication between the driver and dispatcher;

10) Maintenance records, pre-trip inspection reports, post-trip inspection reports and annual inspection records;

11) Once the preservation is sent to the truck company or truck driver they are not to dispose of the evidence. Should they dispose of it they will have a difficult time convincing a Judge or jury that the disposal was made in good faith. This can lead to a jury instruction on spoliation of evidence which is a very strong instruction indicating to the jury or Judge that the ___ has purposely destroyed records.

When becoming involved in litigation involving a commercial vehicle or truck crash time is the enemy. In a crash involving a tractor semitrailer it is common for either the tractor or semitrailer to be damaged, but not usually both. Within one day of the crash the undamaged tractor could be hundreds of miles away from the accident site. In one day, an undamaged semitrailer can be delivered to its final destination and either loaded or unloaded. In a week, a damaged commercial vehicle or trailer can be repaired and back on the road. All of these occurrences can greatly harm an investigation and lawsuit.

Like all investigations, it is important to get statements from the drivers and witnesses as soon as possible. Typically insurance companies are quick to the scene to obtain these. The first statements given by the drivers or witnesses are often the most accurate. As time passes, people tend to forget the details of the accident. It is important to also obtain traffic accident reports, driver's logs, fire and rescue reports, and tow company records. It is often important to talk to the tow company driver and other employees that were at the scene of the accident who may know of information regarding the tractor or trailer.

Tire marks can be a critical factor when involved in a semi truck accident. Tire marks typically don't last very long on the roads and need to be photographed immediately.