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Semi-trucks present specific safety concerns due to their large size and operational demands. Furthermore, large truck drivers typically face long hours behind the wheel. This can lead to fatigue and decreased reaction times, increasing the risk of accidents. The Federal Motor Carrier Safety Administration (FMCSA) regulates the industry in order to reduce these potentially devastating accidents. These aspects alone make investigating collisions challenging. How do truck accident investigations work in Nebraska?
Furthermore, the trucking industry involves multiple distinct parties — ranging from truck owners and operators to cargo loaders and maintenance providers. Each of these entities plays a crucial role in the operation of semi-trucks and can be a critical factor in the causation of an accident. Consequently, when a semi-truck accident occurs, pinpointing liability becomes a complex task, requiring a thorough investigation into how each party’s actions or negligence may have contributed to the event.
Given the complex nature of these relationships and the strict regulatory environment, investigations into semi-truck accidents are both complicated and absolutely essential. Without a thorough investigation of an accident, at-fault parties can evade liability and avoid paying victims fairly. That’s why it’s so important to have the help of a truck accident lawyer who knows how to conduct such an investigation.
The Importance of Truck Accident Investigations
Truck accident investigations are essential to determine the cause of the accident and identify the responsible parties. These investigations are more complex than typical car accident investigations due to the numerous regulations governing the trucking industry and the potential for multiple liable parties, including the truck driver, trucking company, and vehicle manufacturer.
Truck investigations can take months because investigators must interview multiple parties to determine who is liable. Was the truck driver fatigued? Did the company have unsafe practices in place? Was there a mechanical failure with the truck? An in-depth investigation is needed to answer these questions and ensure victims can seek compensation from the at-fault party.
Critical Steps in a Truck Accident Investigation
Truck accident investigations begin at the scene of the collision and can extend for weeks or even months, depending on the complexity of the case. How many steps are there in the accident investigation process?
Securing the Accident Scene
The accident scene must be secured to protect the safety of those involved and all available evidence. First responders should set up barriers and direct traffic from the scene to protect evidence and facilitate a thorough investigation. Police will conduct an initial investigation and compile their findings in a report.
Gathering Evidence
Collecting evidence is a critical part of the investigation process. Useful evidence might include photographs and videos, witness statements, and police reports.
Inspecting the Vehicles
A thorough inspection of the vehicles involved is essential to determine if mechanical failures, such as brake malfunctions or tire blowouts, could have contributed to the accident. Investigators also check for any signs of improper maintenance.
Reviewing Driver Logs and Records
The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to maintain detailed logs of their driving hours and rest periods. Investigators will review these logs to determine if violations of hours of service rules left a driver dangerously fatigued. They will also examine the driver’s employment, training records, and accident history.
Analyzing Black Box Data
Most commercial trucks have event data recorders, commonly known as black boxes. These devices record crucial information, such as the truck’s speed, braking patterns, and steering inputs, leading up to the accident. A review of their data might reveal critical errors on the part of the driver leading up to the crash.
Investigating the Trucking Company
Investigators will review the company’s hiring practices and adherence to safety regulations to see if corner-cutting led to unsafe conditions.
Consulting with Experts
In complex truck accident claims, investigators may consult experts in various relevant fields. Accident reconstruction specialists, mechanical engineers, and medical professionals can shed additional light on what happened and why.
Determining Liability
Investigators will determine liability once they have recovered and reviewed the evidence in the case. This involves identifying the party or parties responsible for the accident. Trucking cases are complex because multiple parties may be liable. Liability could rest with the truck driver, the trucking company, the vehicle manufacturer, or even a third-party maintenance provider.
The Role of an Attorney in Truck Accident Investigations
Hiring an experienced truck accident attorney is crucial for victims seeking justice. Attorneys can conduct independent investigations on behalf of their client, not from the standpoint of the trucking company or governmental authorities.
An experienced attorney knows how critical it is to preserve crucial evidence, such as vehicle data and maintenance records, which can be critical in proving liability. Attorneys also negotiate with trucking companies and their insurers on behalf of their clients. Insurance companies and their attorneys are skilled at dealing with truck accident cases. It is essential to have an attorney who understands the law and is a fierce advocate for your case.
Truck accident investigations can be challenging for multiple reasons, including:
- Complex Regulations – A wide range of federal and state regulations govern the trucking industry, making investigations complex and time-consuming.
- Multiple Liable Parties – Determining who is to blame for an accident can be challenging, particularly when several companies are involved.
- Preservation of Evidence – Much of the critical evidence about the trucking company and its practices remains in that company’s hands, and they won’t hand it over unless they are forced to.
If you’ve been injured in a truck accident, don’t attempt to navigate the aftermath alone. Instead, get help from an attorney who can demand fair compensation for your:
- Medical bills
- Lost wages and loss of earning capacity
- Damaged property
- Pain and suffering
- Diminished quality of life
What are the Next Steps?
If you are involved in a truck accident, don’t be confused as a truck accident victim. Truck accident investigations are complex and require a thorough and meticulous approach to determine the cause and identify the responsible parties. An Omaha truck accident attorney can help you gather the critical evidence you need to prove your case, such as medical records and expert testimony. They will represent you in negotiations with insurance companies and, if necessary, in court to fight for the compensation you deserve.
Don’t wait to get the support you need during this challenging time from our team of lawyers. Contact the experienced truck accident lawyers at Mueller Schmidt Mulholland & Cooling at 402-999-9000 for a free case evaluation. Our law firm is ready to investigate your case, determine who’s to blame and who’s held liable, and hold them accountable for what you’ve suffered.
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