Trucking Accident Investigation Checklist

According to the Federal Motor Carrier Safety Administration, trucking accidents kill hundreds and injure thousands each year in Louisiana. After one of these crashes, an injured victim may want to carry out an accident investigation to learn more. An investigation of the root causes may also be important for a family who has lost a loved one in a fatal trucking accident. Whatever the case may be, victims may receive various forms of assistance during accident investigations. While the most obvious form of assistance may come from law enforcement, trucking accident attorneys in Louisiana may also help with accident investigations. These legal professionals may be able to gather evidence of negligence, communicate with traffic authorities, and guide victims through trucking accident lawsuits. To learn more about the next steps, consider contacting Louisiana Law Lady at (504) 470-3511. 

Obtain Dashcam Footage

An obvious first step is to obtain dashcam footage. Many trucking companies install dashcams on their vehicles, and some insurance companies require these devices. A trucking accident lawyer can determine whether the truck has a dashcam, and they may be able to access the footage. The most common type of dashcam faces toward the road, but some trucks also have driver-facing cameras. Both can be useful during an accident investigation, as they may show exactly what happened prior to the crash. This footage could highlight potential negligence, such as traffic violations, driver distraction, and so on. Other cameras may have also captured the crash, such as nearby traffic or surveillance cameras. 

Under Article 1462 of the Louisiana State Legislature, there are few legitimate reasons to deny requests for dashcam footage. These “rules of discovery” state that after a trucking accident, the victim has every right to request (and receive) documents or records relevant to the case. A trucking company or insurer that refuses to provide relevant documentation or delays for an unreasonable amount of time may face serious legal consequences. The court may also order them to comply if they refuse to cooperate for no valid reason.

Collect Eyewitness Contact Information

Video footage can be helpful, but sometimes eyewitnesses provide more details and context. After an accident, consider collecting contact information from anyone who saw what happened. The best time to gather this information is immediately after the collision, as these witnesses could be difficult to track down later. Police officers may collect phone numbers and names, but victims may also ask witnesses for this contact information directly. 

Of course, serious injuries may prevent victims from speaking with nearby witnesses. An experienced trucking accident lawyer such as Louisiana Law Lady may be able to help find witnesses while victims recover from their injuries. A witness may testify in a trucking accident trial. They may also provide written statements (affidavits) that explain how a trucker caused an accident. 

Request Phone Records

Driver distraction is a serious issue among truck drivers in the United States. Many truckers become distracted by their phones, and this can easily cause crashes. Truckers might text, watch videos, play video games, or browse the web while behind the wheel. Distracted driving is illegal in Louisiana, and it may become relevant during a trucking accident lawsuit. If a victim can prove that a trucker was distracted by the phone prior to the accident, it may be easier to establish negligence. 

Law enforcement and trucking accident lawyers often request phone records while investigating accidents. Phone metadata can show exactly what a trucker was doing immediately before the crash. This “timestamped” data may prove that the trucker was texting or watching a video, and it could help victims establish negligence. 

Access Truck Maintenance History 

Truckers may only be partially to blame for accidents. The trucking companies that employ these drivers may also contribute to collisions in various ways, and a common example is failing to properly maintain their vehicles. Each trucking company is legally responsible for keeping its fleet in a safe condition. Many accidents occur because of mechanical failures, such as failing brakes or tire blowouts. In some cases, parts have fallen off trucks before striking other vehicles. 

Trucking accident lawyers can request maintenance records to determine whether the company properly maintained the vehicle in question prior to the collision. Note that these records may be falsified, and forged signatures are relatively common. Lawyers may need to closely scrutinize these records to confirm their legitimacy. 

Review the Trucker Log Book

Another useful document is the trucker log book – also known as the “Hours of Service” (HOS). The Department of Transport states that each driver must update their log book with various information. Among other things, this includes the total miles driven, time spent behind the wheel, and time spent resting. 

This information could be useful after an accident caused by driver fatigue. The trucker may have dozed off behind the wheel before veering into oncoming traffic, and their log book could indicate that they failed to take enough breaks over a 24-hour period. Driving for extended periods is illegal under federal law, and sleep deprivation can be just as dangerous as intoxication. 

Communicate With Law Enforcement

Although trucking accident lawyers can help victims gather evidence, the primary investigation will be carried out by law enforcement. As a result, it may be helpful to remain in close communication with law enforcement agencies investigating the truck accident. Investigators often use technology and methods that the average civilian cannot access. 

For example, law enforcement may have used various chemical tests to determine whether a trucker was intoxicated before the crash. They might also examine tire marks to determine the speed of the truck when the trucker engaged the brakes. This analysis could be useful in a truck accident lawsuit, and an attorney may be able to access it. 

Complete the Trucking Accident Investigation Checklist With Louisiana Law Lady

An accident investigation is a challenging task for many injured victims. After a serious trucking accident, a victim may face multiple surgeries, amnesia, psychological trauma, and countless other issues. Faced with these challenges, it may be easier to approach a trucking accident investigation alongside an experienced lawyer. Victims often allow trucking accident attorneys in Louisiana to lead these investigations while focusing on recovering from their injuries. Online research may provide broad guidance on how to proceed after a trucking accident, but the most appropriate steps after an accident depend on the specific circumstances of each victim. Discuss these unique factors with Lousiana Law Lady by calling (504) 470-3511.