The minutes and hours following a truck crash are critical.  Having a truck accident attorney on your side is vital. You can bet that the trucking company and its lawyers and insurance carrier’s representatives will be at the scene within minutes or hours of a significant truck crash. You can also bet that material evidence is being immediately documented and preserved. It is also being moved, destroyed, cleaned up, modified, repaired, etc., within hours or days following a truck crash by the many personnel on the scene. Someone must advocate for the victim to immediately preserve physical evidence from the scene and the vehicles. 

Insurance Companies have Accident Response Teams – You need someone on YOUR side

Most trucking companies, insurance companies, and insurance defense law firms have Accident Response Teams that are “on call” to respond to a truck crash at a moment’s notice. Believe it or not, our firm has handled trucking cases where the trucking company’s lawyers or corporate representatives can be seen in photographs taken by law enforcement personnel at the scene of a truck crash within just hours of a truck crash.

Truck drivers often suffer little or no injury in crashes due to the size and weight of their trucks compared to smaller vehicles. In comparison, motorists in smaller vehicles frequently suffer serious injury or death. This usually means that truck drivers or their dispatchers can immediately notify others after a crash so that an Accident Response Team can be deployed to a crash site within minutes. The sole purpose for this is that the trucking company and its representatives begin to mount their defenses and attempt to influence the flow of information during the crash investigation.

Lessons learned from a recent trucking accident case at Romano Law Group

Our client was killed when a tractor-trailer collided with his vehicle on a major interstate. In addition to the trucking company’s lawyer and safety representative being spotted in law enforcement photographs taken at the scene, discovery in the lawsuit revealed another concerning detail. The truck driver and the company’s lawyer sat together in the lawyer’s vehicle for close to an hour before the truck driver first spoke to law enforcement officials about what occurred. Naturally, the truck driver’s self-serving version of how the crash occurred could not be refuted by the deceased victim. Fortunately, independent eyewitnesses were identified in that case, and their deposition testimony helped refute the truck driver’s version of events.  

Although it may not always be possible for an injured party or their family members to quickly bring someone to the scene of a truck crash to gather crucial evidence, it’s important to understand this challenge. Every minute that passes increases the risk of losing key evidence. This loss can ultimately hinder the victims of the crash or their representatives from obtaining necessary information.

It is critical to have a truck accident attorney on your side

It is never too soon to take immediate action following a truck crash by retaining a skilled truck accident attorney. Truck accident lawyers have the ability to hire investigators and experts, gather and preserve physical evidence from the crash scene and the vehicles involved, collect information, interview witnesses, and communicate effectively with law enforcement and representatives from the trucking company. Having experienced trucking lawyers to investigate the accident and advocate on your behalf can significantly impact your case outcome. It often makes the difference between a successful resolution and an unfavorable one for the victim of a truck crash.

Evidence and Investigation

The Federal Motor Carrier Safety Administration has rules and regulations that govern the collection of specific data and evidence following a truck crash, including drug and alcohol testing of professional truck drivers.  In addition, most local, state, and federal law enforcement agencies have procedures that govern their investigation of a truck crash.  These agencies, however, do not always possess an interest in protecting the parties involved in truck crashes. Often, little or no physical evidence is gathered or documented after a serious crash. And key physical evidence is moved because the priority is simply clearing the roadway so traffic can flow again. Other times, a more thorough investigation may be done by law enforcement officials, but the evidence and data may not be adequately preserved or documented, and it can become useless later on if a legal claim is pursued in court.    

Your lawyer should take the following steps without hesitation or delay:

• Preserve the Evidence! Your attorney should send out “Spoliation Letters” immediately. The preservation of evidence is essential. Every passing moment, hour, or day without evidence preservation may result in the loss, damage, or destruction of that evidence.
• Request and obtain all tapes or recordings such as:
  • 911 calls
  • CAD (Computer Aided Dispatch) reports
  • BWC (Body Worn Camera) video
  • Dashcam video
  • Surveillance video
  • Police-obtained witness statements
  • Police-obtained photographs
  • Medical examiner’s report/autopsy report (where necessary)
• Request any accident report, police report, crash report, or homicide report as rapidly as possible.
• Send out insurance information disclosure requests.
• Conduct an immediate social media search to locate anybody and everybody involved in the incident. This includes the defendant truck driver and his/her company or companies. Your attorney should obtain photos and videos of the vehicles and the site. Your attorney may recommend having an accident reconstruction expert inspect each vehicle and the crash site. This may include downloading so-called “black box” data and more.

You should take the following steps without hesitation or delay:

• Make sure you are doing all that is necessary medically regarding medical care and treatment
• Follow doctors’ orders and recommendations
• Do not do anything that would hamper or interfere with the medical care.

Romano Law Group Truck Accident Attorneys

Our truck accident attorneys have decades of experience responding to, investigating, and handling truck crash cases in Florida and nationwide. Our firm has established protocols to assist victims of truck crashes who find themselves the victim of a truck crash.  This includes the quick deployment of investigators who have expertise in preserving evidence. Visit our trucking accident attorneys page to learn more.

 By Todd Romano

The post Hiring a Truck Accident Attorney: The critical minutes and hours after your crash appeared first on Romano Law Group.