Truck Accident Investigations

The Importance of a Truck Accident Investigation and Preserving Vital Evidence

The list of critical evidence for your case depends a lot on how the crash happened and why. An investigation can uncover many facts that the investigating officers usually do not know when determining the cause of the truck accident.  However, the analysis should be tailored to the facts of your accident.

For instance, if the truck driver rear-ended you, facts like the condition of the brakes, the hours the driver was on duty, and the event data recorder would be significant. However, things like the load being improperly attached may not be relevant. Likewise, if the truck driver never touched the brakes, it doesn’t matter if they were bad.

Here is a list of evidence that can be obtained to help win a truck accident lawsuit:

What an experienced Houston 18-wheeler truck accident attorney wants to get will depend on the facts of the cause of your crash. Hiring a good truck accident lawyer early can help you win full damages in a lawsuit after a truck accident.

Read More: What Does a Truck Accident Lawyer Do?

Event Data Recorder or Black Boxes

Event data recorders (EDR) are called “black boxes.” The EDR is a computer that records information critical to proving fault in many collisions. The EDR will record:

• Speed just before the crash
• Braking activity
• Hours of operation
• Evasive maneuvers just before the impact

Collecting computer data before fixing the big rig to support truck injury claims is important.

The most significant benefit of getting the EDR data is that the data contains many facts about what happened. The experts hired to defend the company will struggle to ignore the EDR data that shows the accident was not their fault.

The black box data should be prioritized in every severe injury or fatal truck accident case.

Why Inspect the Big Rig After an Accident?

An inspection of the rig should be part of the investigation of any serious injury accident. Trucking companies must keep their fleet in proper operating conditions to avoid accidents. The law requires specific actions when a big truck’s safety deficiencies are noted.

An investigation can show both law violations and issues with the tractor or trailer, which may have led to the crash. Typically, truck accident law firms use expert witnesses to examine tractor-trailers.

Common out-of-service violations can be discovered during an inspection of the big rig.

What is a Driver Qualification File (DQF)?

Trucking companies are called “Motor Carriers” for regulating truckers and their employers. Motor Carriers are required to register to get operating authority under federal and state laws. The law makes the trucking company process and retain certain records. One of the most detailed records required to be created deals with their truck drivers.

Those records are called the Driver Qualification File. Even if the driver is a one-person company, they must have a DQF. The file must contain facts about the driver and his fitness as a professional semi-truck driver.

What is in a DQF?

There are eight categories of information required in a DQF.  Most deal with an employed driver’s background. The trucking company must have the DQF readily available for authorities to check a driver. The DQF wants to make sure the trucking company has checked and qualified the driver. This is to meet the minimum safety standards set by law.

• Application of employment. The application identifies the company and the driver. It outlines the type of operation, the driver’s experience, and how they will be used. The application must state the type of vehicle the applicant intends to drive. Both the driver and Motor Carrier must certify that the driver is legally qualified to drive. Here are the contents of a Driver Qualification File:
• Motor vehicle record. The driving record for each state is that the driver held a CDL for the previous twelve months.
• Three years of previous driving records. The trucking company must investigate and document the driver’s driving history for at least three years.
• Company reviews of driving records. The company must review each driver’s driving record for the trucking company annually. All violations of any regulation must be disclosed and recorded. The documentation must include safety-related things, such as traffic tickets.
• Record of violations. Each driver must certify all traffic infractions for the past year.
• A copy of the CDL.
• Medical Examiners Certificate. A DOT physical exam has to be conducted by an authorized medical examiner. Certificates are generally twenty-four months but can be shorter if any medical conditions require monitoring for safe driving.

DQF is a starting point for a Houston truck accident attorney regarding safety practices and compliance with the law after a severe injury crash. Finding out if the trucking company was negligent takes an expert attorney.

How Can Cell Phone Records Help Your Case?

The number of cases where the truck driver’s story changes after a defense attorney gets involved is shocking. Most trucking companies have policies instructing drivers to call the office immediately after a crash. Some motor carriers even have accident cards indicating that the driver should never admit responsibility for the accident.

An independent witness is invaluable in determining what happened in the accident. The truck driver may change their story and try to protect themselves from civil liability. At the same time, most factual accounts can indeed vary.  But there is a difference between varied perceptions and defensive testimony.

Texas juries tend to evaluate testimony based on credibility and motivation. An independent witness who does not know either party is usually believed. That is why the best attorneys handling truck accident cases always seek witnesses to the collision.

How Can Cell Phone Records Help Your Case?

If the truck driver was on the phone at the time of the collision, he may have violated the regulations regarding cell phone use. Truck drivers may lie about using cell phones, but getting their phone records can prove if they were using one.

Cell phone records can also document the truck driver’s location at various times. In a recent case we won, we discovered that the truck driver had lied on his logbooks. We did this by comparing his location with his cell phone records. Cell phones used by truck drivers can be more than just talking on the phone. It can be checking messages or even surfing the Internet while driving.

We have found blind spot truck accidents when the driver looked at their phones instead of their mirrors.

One of the things to do after a truck accident is to get your investigation started immediately.