Truck accidents can be devastating for victims, as they often lead to serious injuries or the death of a loved one. If you have lost a loved one or suffered damages in a truck accident, you should hire an attorney to get compensation. To get compensated, you will need to prove that the truck driver or the company they work for is at fault. In most cases, a truck accident investigation will be required to establish liability. To learn more about how a truck investigation works and how T. Madden & Associates can help you get compensation for your damages, please continue reading.
How Do Truck Accident Investigations Work?
Truck accident investigations are carried out based on the facts of the case and establish the liability of the accident. While the truck driver may seem entirely at fault for the accident, it is possible that other parties, such as the trucking company, maintenance provider, or truck manufacturer, are at fault or have shared liability for the accident. A truck accident investigation helps determine what caused the accident, which is essential for insurance and legal purposes.
It will help your case if you gather evidence from the accident site and information about the driver and the trucking company. Common types of evidence include medical records, witness statements, accident scene photographs, and police report.
Here are some key factors of a typical truck accident investigation:
Trucking Company Records
Reviewing the trucking company records can uncover facts that can help your case. For example, if the employer hired an unqualified driver or failed to provide adequate employee training, that can strengthen your case.
Trucking company records would also include the driver’s qualification file, which can be assessed to determine the driver’s eligibility to operate a truck. In addition, trucking companies must maintain their trucks to meet minimum safety standards, and any negligence can be identified by the maintenance history.
EDR (Event Data Recorder)
The truck’s EDR can be examined to determine liability in the accident. The EDR has data about the vehicle speed, seat belt status, brake switch status, gear position, tire pressure, cruise control, and other helpful information.
Eye Witnesses
Typically, the trucking company’s insurance provider sends investigators to the accident scene within hours of the crash. These investigators can take witness statements, which are a crucial aspect of the case.
Truck Driver Statement
The truck driver’s statement at the time of arrest is an important factor in the case, as any relevant statement can be used as evidence.
Physical Examination of the Vehicle Damage
The investigators can work with experts to examine the vehicle damage to establish liability. This examination also helps determine if other evidence in the case matches the vehicle’s physical damages.
Typically, the trucking company has an advantage over the victim in truck accidents because they are more experienced in handling insurance and legal processes for the accident. You should hire an expert attorney to guide you and help you get a favorable settlement or verdict in court.
Common Causes of Truck Accidents
The following are some common causes of truck accidents:
- Speeding: A truck traveling at high speeds puts all other vehicles at risk of a collision.
- Overtaking: Aggressive or illegal overtaking can lead to truck accidents, especially when driving conditions are poor.
- Driver Distraction: Truck drivers should avoid distractions such as cell phones, eating, or drinking while operating the vehicle to limit the risk of a crash.
- Tailgating: All drivers should maintain a safe distance to avoid crashing into each other. Tailgating can result in catastrophic injuries as the driver does not have time to stop their vehicle if the vehicle in front suddenly brakes.
- Driver Fatigue: Driver fatigue is one of the leading causes of truck accidents, as it impairs the driver’s ability to operate the vehicle safely.
- Lack of Maintenance: Trucks that are not properly maintained have a higher chance of being in an accident. Even minor maintenance negligence, such as not checking the tires’ air pressure, can lead to accidents.
- Weather Conditions: Inclement weather can be hazardous for larger vehicles because it reduces road visibility, makes the road slippery, and increases the chances of an accident.
Recoverable Damages From a Truck Accident
Injuries sustained in a truck accident can range from minor to life-threatening. Typically, a truck accident victim who can prove the opposing party’s liability is entitled to compensation for medical damages. This includes ambulance costs, emergency treatment, hospitalization, surgeries, prescriptions, future doctor appointments and therapy, in-home nursing, and rehabilitation.
Victims are also entitled to pain and suffering damages, which are not uncommon in severe car accidents. There are methods to determine financial compensation for pain and suffering and your attorney can guide you on how these methods determine a compensation amount.
As a truck accident victim, you may also receive punitive damages if you can prove the defendant intentionally disregarded the safety of road users.
How can an attorney Help?
To collect damages, you must have a clear idea of how much compensation you can recover; for that, you can get the assistance of a Jonesboro personal injury lawyer. We can navigate you through the legal processes and help calculate your damages by examining your injuries, lost wages, and pain and suffering. We can also represent you in court to get a favorable verdict and handle all communication with the insurance company regarding a settlement offer. Please contact us to schedule a consultation with an attorney at T. Madden & Associates, P.C.