How is a Truck Accident Investigation Conducted?

Get Help From Our Los Angeles Truck Accident Attorneys

Truck accidents are one of the most treacherous types of accidents out there. Yet trucking companies still put up a fight against opposing insurance companies and attorneys with efforts to protect themselves. A truck accident requires an immediate, exhaustive investigation that surpasses any ordinary investigation to preserve evidence. As you recover from your injuries, our trusted legal team at Gutierrez Law is here to start the process of holding negligent parties liable for their wrongdoings.

Why is it Necessary to Have a Lawyer Investigate if Police Normally Handle it?

When it comes to obtaining legal compensation and justice for your injuries, it is best to hire an attorney that specializes in truck accidents so they can thoroughly investigate the accident. Oftentimes, defendants in truck accidents have the means and resources to litigate their own cases, and if plaintiffs do not have a sufficient amount of evidence it hurts their chances of compensation.

Victims are often faced with serious challenges when they attempt to handle a case on their own. Even if it is clear that the defendant may be responsible for an accident, it is best to have a lawyer that is well-versed in commercial vehicle accidents on your side in order for them to prove liability. Your attorney will be able to conduct an in-depth investigation that includes but is not limited to the following:

  • Trucking company’s safety policies (or lack thereof)
  • Training procedures
  • Maintenance protocols
  • Whether or not the driver exceeded his or her driving hours
  • Whether drugs or alcohol was involved

There are several other factors that can be accounted for when it comes to evidence that would determine the truck driver’s responsibility for the accident and your attorney will do whatever it takes to find him or her liable for your injuries. In fact, there must be multiple pieces of evidence that leads to determining who is at fault--not just one piece of evidence.

A commercial truck accident attorney in  Los Angeles can act on your behalf and find any and all evidence that leads to the cause of the accident, and history of negligent behavior that the driver has from the past. Gathering and preserving evidence is one of the most important aspects of your case, but the deadline to do so is limited. In California the statute of limitations to bring a lawsuit against the defendant is two years for personal injury cases. If you exceed the two year limit, then your claim will be permanently barred.

Additionally, even waiting as little as a month to contact an attorney can hurt your claim, as the evidence needed for your case could have already disappeared within the time that you waited. For instance, a mechanical defect that contributed to the truck accident could have been fixed within that month’s worth of time. We always encourage victims to act promptly as soon as they’ve received medical treatment for their injuries.

Investigating the Accident Scene

Before getting started with the investigation, we would issue a letter of spoliation. This is a document that is enforceable under the law and is sent to the defendant alerting them that a lawsuit is pending and that no evidence pertaining to the accident can be destroyed, altered, concealed, or tampered with in any way. Once sent, our attorneys will implement or obtain the following:

  • Accident reconstruction: A vehicular accident reconstruction is when an expert reconstructs the events of a collision. This involves gathering as much information relating to the accident as possible, such as interviewing witnesses, measuring skid marks of the accident scene, performing inspections of the vehicles involved, and much more.
  • Electronic and digital evidence: Obtaining electronic information, such as the Engine Control Module (ECM) data, RPM data (speed, brakes, etc.), GPS data, and much more.
  • Driver Records: The driver’s records will be reviewed, which include his or her employment application, driving record, medical history, physical results, medical examinations, criminal history, and more. In addition, the Department of Transportation requires drivers to meet the Safety and Fitness Electronic Records System (SAFER), which will also be assessed in the investigation.; By doing this, it can determine whether the driver was stable and licensed to be driving the vehicle in the first place.

Contact Us Today

If you or someone you know has been injured in a truck accident and needs legal help, feel free to contact us today to speak to a reputable personal injury lawyer in Los Angeles. We will help you every step of the way.