Skip to main content

Truck Accident Investigation

What to do after a Truck Accident?

It’s important to obtain your crash report as soon as possible if the accident involved a commercial truck, such as:
  • Tractor-trailer
  • Trash or towing truck
  • Big rig
  • Eighteen-wheeler
Trucks of this magnitude are often owned by companies with powerful attorneys and insurers that will quickly obtain a copy of the report. If the truck driver was negligent, the insurance company will most likely contact you to negotiate a quick settlement that is well below the cost of your damages. Because of this, it’s in your best interest to meet with an attorney before speaking to the other party’s insurance company regarding a settlement.

Truck Accident Investigation

Legal Help Immediately After a Truck Accident

Following a trucking accident, it’s important to speak with an experienced attorney as soon as possible, as the law limits the amount of time you have to seek compensation after a wreck.

Accident investigations are most accurate when conducted immediately after the crash occurred. If you wait too long to act, you could lose your chance to seek justice for your damages.
The truck driver responsible for the accident is most likely already seeking legal advice. Don’t allow yourself to be blindsided – call and speak with an experienced trucking accident attorney today.

Holding the Negligent Driver Accountable


Mistakes happen, but negligence is preventable. Truck drivers, in particular, have a responsibility to be cognizant of their surroundings while driving, as the sheer size of a commercial truck increases risk and danger in a collision.

In cases of truck accident driver negligence, an attorney must prove that the driver was responsible for the crash. To prove negligence, your attorney will provide evidence following these four elements: duty, breach of duty, causation, and damages.

Duty
In case of truck accident negligence, truck drivers have a duty to drive responsibly and within the law, while the trucking company must maintain safe loading and maintenance practices.

Breach
If the truck driver fails to uphold the aforementioned duty of driving responsibly, he or she may be found liable. This is known as a breach of duty.

Causation
The offender’s negligent actions or inactions caused the injury and/or damage to your property. An attorney must prove that the negligent driver was responsible for the accident.

Damages
You were harmed or injured as a result of the offender’s negligent actions. An attorney must prove that the negligent driver caused actual damages as a result of the above causation.

Truck Accident Investigation

The Federal Motor Carrier Safety Administration regulations mandate that every trucking company maintain a driver qualification file (DFQ) on all drivers. This information is often a critical part of the investigation for the attorney.

A DQF must include:

  • Driving records, including accident history for both the driver and truck
  • The driver’s employment history
  • Road test results
  • Drug and alcohol test results
  • Records for service hours
  • Training certificates
  • Vehicle maintenance records
  • Copies of licenses
  • Records of annual reviews
  • Any medical certifications
  • Employment applications
  • Personnel records
It’s important to seek legal advice, as an experienced truck accident attorney can help you obtain records such as a DQF for your potential case. Trucking companies are typically reluctant to hand over DFQ files, especially if the files might contain information that could be a liability for the trucking company or their driver. In some cases, an attorney may need to get a subpoena, forcing the release of this document.

A truck accident attorney will also ensure the driver meets all of the qualifications required to drive a commercial vehicle, as described below.

Commercial vehicle drivers must:
  • Possess a valid commercial driver’s license
  • Have passed a recognized driving test
  • Be at least 21 years old
  • Read and speak English
  • Be able to safely operate a vehicle
  • Be able to properly load and secure cargo
  • Be in good health
  • Possess a valid medical certificate, which includes a physical examination by a licensed medical examiner
After a collision, an attorney will investigate a number of factors, including whether the driver was under the influence, when the driver took his last break and information recorded by the truck’s black box (such as speed, braking activity, velocity changes or changes in RPMs and gear shifts). An attorney can gather valuable information to support your claim through a GPS device that shows the truck’s precise location and speed at the time of the accident.

As your committed advocate, your attorney will:
  • Work with an accident reconstruction expert to simulate how the accident occurred
  • Examine the truck or commercial vehicle for evidence pertaining to the driver’s negligence
  • Interview the truck driver
  • Interview first responders
  • Interview law enforcement from the scene
  • Interview safety officers from the scene
  • Interview witnesses and/or passengers
  • Take and examine photos of the scene
Having a skilled attorney at your side during this trying time can make all the difference for you and your family.



Labels:
Location: Atlanta, GA, USA

Comments

Post a Comment

Popular posts from this blog

Who is the best trucking accident attorney in Atlanta?

Semi-Truck Accident Lawyer The consequences of a collision between a commercial truck and a passenger vehicle are often devastating. Serious accident injuries and fatalities are common in Georgia. Victims are often those in the passenger vehicle due to the sheer size difference. In many of these cases, truck accident victims can seek justice with the help of our law firm. “ The Truck Accident Attorneys ” servicing Georgia, South Carolina, Florida, Alabama, Tennessee and New York, focusing specifically on truck accident injury law. Over the years we’ve achieved successful verdicts for our clients through our understandings of the nuances specific to truck accident litigation. Truck Accident Lawyer in Atlanta ; When auto accidents occur, there is typically an exchange of contact information and insurance between the parties involved. Depending on the details of the case, there may be more than just the drivers who are held responsible for being at fault. Although truck drivers are direct...
8 comments
Read more

Smyrna Truck Accident Attorney

Hire a Truck Accident Lawyer in Smyrna After a truck accident in Smyrna, a victim has many questions regarding financial recovery, liability, and other aspects of handling a personal injury claim.  Many personal injury lawyers charge a fee based upon whether you receive a monetary award. This is called a contingency fee. As long as you have a solid case, most truck accident attorneys will agree to a contingency fee. The typical amount ranges from   25 percent to 40 percent of the settlement amount . The greater severity of your injuries and the stronger your case is, the more willing most lawyers will be to negotiate the contingency fee. Truck Accident Settlement Amount How Long Do I Have to File a Lawsuit After a Truck Accident? Under Georgia’s statute of limitations, there is a certain time limit for bringing forward a legal action after a truck accident. In Georgia, most truck wrecks follow these deadlines: 2 years after the collision to file a claim for injury; and 4 ...
10 comments
Read more

How to File a Wrongful Death Claim?

Filing a Wrongful Death Claim A wrongful death claim is a civil court action in which the amount of damages awarded to the surviving members of a family for the wrongful or negligent death of a loved one is determined. If your loved one has died due to someone else’s reckless, negligent, and deliberate behavior, you are entitled to compensation from their wrongful death if their death impacts you and your family’s well being, both emotionally and financially. For a successful wrongful death suit, proof must be established that a loved one’s death was caused by another person’s action or inaction, and that surviving family members are suffering damages because of it. Every state has statutes for wrongful death, which may differ from state to state, but all of them require that a personal representative for the deceased’s estate be the one to file.  A lawsuit can be filed for the following situations: medical malpractice resulting in death, car or plane accident, hazard...
4 comments
Read more