Within hours of a truck crash, the trucking company’s insurer begins building its defense and conducting its own investigation, before the police have barely begun preparing their own report. Your truck accident attorney will also begin an independent investigation as soon as possible.
A truck accident investigation provides a lawyer with an independent assessment of what happened, using evidence that may not appear in the police report. An Alabama truck accident lawyer conducting an independent investigation will look for evidence to evaluate the truck, driver, company records, crash scene, and other evidence before important information is lost or changed.
Everyone involved will eventually receive the same official police report. But your truck accident lawyer will also have independently reconstructed the accident, with evidence that the police report might not include.
Preserving Evidence Before It Disappears
One of the first steps in a truck accident investigation is to send a spoliation letter. This is a written demand that the trucking company preserves specific evidence related to the incident. Federal regulations set retention periods for certain trucking records, but once a company receives a spoliation letter, it must retain those records regardless of the regulations.
Under 49 Code of Federal Regulations § 395.8(k), drivers’ records of duty status and supporting documents generally must be retained for six months. Daily vehicle inspection reports generally need to be kept for three months. However, maintenance records must be retained for as long as the vehicle is in service, plus an additional 30 days after it is taken out of service.
Sometimes, evidence disappears before federal retention periods expire. Unlike traffic camera footage, a truck’s dash cam may overwrite old recordings, and black box data may be lost during repairs. To avoid this, preservation requests should cover electronic data, video, and other evidence that is at risk of being destroyed after an accident.
Inspecting the Truck and Downloading the Black Box
The trucking company or carrier generally controls access to the truck, so a lawyer may need to negotiate an inspection or seek a court order if access is denied. The inspection and data download should happen before the truck is repaired, altered, or returned to service.
A black box download can capture electronic information about the truck’s operation around the time of the incident, such as:
- Vehicle speed
- Braking
- Accelerator position
- Engine activity
A qualified technician should perform the download using an agreed-upon protocol to preserve the original data and ensure both sides have a clear record of how it was collected.
The physical inspection examines brakes, tires, lights, steering components, coupling devices, and other safety equipment for defects, damage, or signs of poor maintenance. The inspection should occur before repairs whenever possible because replacing or repairing a damaged component can destroy evidence.
What Do the Trucking Company’s Records Include?
Trucking company records are formally requested through discovery or by subpoena. These records help establish what the driver and carrier were doing before the crash, whether the truck was properly maintained, and whether the company followed applicable safety requirements.
Truck records can include:
- Driver logs and electronic logging device data: These show the driver’s hours of service, driving time, rest periods, and other duty-status information.
- Driver qualification file: This includes the driver’s application, driving history, required qualifications, and other records the carrier must maintain.
- Post-crash drug and alcohol testing: Test records show if the driver was tested after the incident and the results.
- Maintenance and repair files: These show what work was performed on the truck and when.
- Daily inspection reports: Reports document defects and inspections before and after the accident.
- Dispatch records and delivery schedules: Schedules establish the driver’s assigned route, pickup and delivery times, and scheduling demands.
- Prior safety violations: Inspection records, citations, and other violations can show the carrier’s or driver’s safety compliance history.
Cross-Checking the Evidence To Find the Cause
An attorney can also hire an accident reconstruction expert to help build a stronger case. Reconstruction experts use physical evidence like skid marks, vehicle damage, debris fields, and roadway measurements to show what happened before, during, and after the accident.
The investigation also involves testing different sources of evidence against one another rather than relying on a single record. For example, a driver’s log may show that the driver took a required rest break, while the truck’s black box data shows the vehicle was moving during that same period. Dispatch records place the driver on a delivery route. This can raise questions about the accuracy of the driver’s records and could be used to support a claim that the driver violated safety requirements.
Truck Accident
An 18-wheeler traveling on a highway in Guntersville, Alabama suffered a brake malfunction that prevented the driver from stopping in time. The truck entered an intersection on a red signal and collided with another vehicle, causing fatal injuries.
Why Investigation Matters More in Alabama
Alabama follows a contributory negligence rule that can completely bar recovery if an injured person is found to have contributed to their injuries through negligence. That gives the trucking company and its insurer a reason to look for evidence to argue that the injured person was partly responsible. A lawyer’s investigation tests those arguments against the physical evidence, electronic data, witness accounts, and company records.
Talk to an Alabama Truck Accident Lawyer for Free
If you were injured in a truck crash, an early investigation can help preserve evidence and address disputed questions of fault before important records or physical evidence are lost.
At Mezrano® Injury Lawyers, we offer free case evaluations. To schedule your free appointment, call 205-537-0112 or send us a message through our online form. During your free consultation, our attorneys will answer your questions and discuss your case, the available evidence, and a potential claim.
