Following a truck accident, investigations will involve multiple steps, including collecting evidence, conducting inspections, reviewing documentation, and determining fault. Understanding how this process works can help you prepare for a truck accident case with the help of an attorney.
If you were injured in a truck accident, call Ankin Law today at 312-600-0000 to discuss your case in a free consultation.
Initial Steps in Truck Accident Investigations
There are several key steps involved in truck accident investigations. These include:
1. Collecting Evidence
The first step in a truck accident investigation entails collecting sufficient evidence to determine who was at fault for the accident. There are many types of evidence that relate to these cases, including:
- Police reports
- Photos of the accident scene, vehicles, and injuries
- CCTV or other video footage in the area where the accident occurred
- Witness statements
- Medical records
Other types of evidence pertain to the trucks involved, such as a vehicle’s black box that contains accident data, along with service records that might identify faulty maintenance or parts.
Insurance companies, law enforcement officers, attorneys, and other parties may review this evidence to identify all liable parties involved and determine what kinds of damages directly resulted from the accident.
2. Assessing Data
Using the gathered evidence, attorneys will analyze the accident data to determine the cause of the accident, and who was at fault.
3. Building a Case
If you’re working with a truck accident lawyer, your attorney can begin building a case in your favor based on the evidence and the parties responsible for the accident.
This process will involve organizing all relevant evidence, identifying and calculating the damages involved, and filing either a claim with insurance companies or a lawsuit seeking compensation for the damages.
Determining Fault in Truck Accidents
Often, truck drivers are at fault for these accidents, but other parties could also be held liable. In any case, a complete investigation is needed to determine fault and identify all the damages resulting from the accident.
There are several liable parties in truck accident cases:
Truck Drivers
Professional truck drivers are particularly susceptible to fatigue on the road after long trips. This fatigue can affect the driver’s attention, reaction timing, and reflexes, which is why there are limits in place for how many hours a truck driver can drive in a single shift.
In addition to fatigue, truck drivers could cause accidents in other ways that are similar to other drivers, such as through impaired, distracted, or reckless driving.
Trucking Companies
Another party that may be held liable in your truck accident case is the trucking company. Trucking companies must ensure that the drivers they hire are qualified to drive and operate their vehicles. They must also work to maintain their fleets through regular maintenance and repairs.
Any negligence on the part of trucking companies could make them at fault for an accident and subsequent damages.
Other Drivers
Drivers of other vehicles in these accidents could also be liable. In some cases, multiple drivers may share fault and be liable in a comparative negligence state like Illinois.
Municipalities and Governments
Local, state, and federal governments are responsible for maintaining roadways to facilitate safe driving. Failure to do so could result in faulty roads that increase the risk of accidents.
For instance, potholes can develop over time, causing truck tires to burst and drivers to lose control of their vehicles. Road workers could also leave equipment or other debris behind on the road, which increases the risk of an accident.
Mechanics
Even if truck drivers and companies do their best to maintain their vehicles through regular service, mechanics may fail to properly diagnose or address issues with a vehicle, resulting in faulty maintenance. Drivers and other parties may not be aware of this problem and get into an accident, which could make mechanics liable.
What Is the Role of Experts in Truck Accident Investigations?
Some truck accidents involving serious injuries, fatalities, or multiple liable parties may require the help of expert witnesses to reconstruct the events leading up to the accident.
Expert witnesses or accident reconstructionists can use all available evidence and testimony from the accident to piece together the entire event. In the process, this expert could help determine who was at fault and how the accident resulted based on the nature of the accident.
What to Do Following a Truck Accident
It’s important to know what to do after a truck accident if you want to succeed with your case. The following are basic steps to take before filing a truck accident claim or lawsuit:
Seek Medical Attention
Truck accident injuries can be severe, often requiring extensive medical care and a long road of recovery. Seeking medical attention as soon as possible ensures you get necessary treatments right away. It is important to seek medical care after an accident, regardless of how you feel. Even if you feel fine, or think that your injuries aren’t serious, you should still seek the opinion of a trained medical professional. Some injuries may take time to manifest, so you might not know something’s wrong until the injury becomes life-threatening.
Seeking immediate medical attention will not only help you get the proper treatment you need to recover, but it will also help you prove that the accident caused your injuries. Otherwise, taking too long to seek treatment could make it harder to connect medical records to the accident.
Gather Relevant Evidence
You will need sufficient evidence to identify all liable parties involved and connect the accident to your injuries and other damages.
Some pieces of evidence to gather include:
- Medical records, bills, and receipts
- Police reports
- Footage of the accident scene, your injuries, and property damage
- Receipts for repairs or replacements for damaged property
If you struggle to collect any of this evidence, an attorney may be able to help you with this process, which brings us to the next step.
Consult an Accident Attorney
To succeed with a truck accident claim or lawsuit, it’s crucial to have an attorney by your side with experience handling these types of cases.
The right lawyer can sit with you in a free consultation to review the evidence and determine whether you have a viable case. From there, he or she can begin a truck accident investigation and build a case in your favor based on available evidence.
An attorney will calculate all damages involved, including economic and non-economic damages. For example, you may be able to sue for emotional distress and physical pain and suffering in addition to financial damages resulting from the accident, helping you get total compensation from all liable parties.
In addition, an attorney will negotiate claims with insurance adjusters to ensure you receive a fair settlement offer. Many insurance companies are out to protect their bottom dollar, and will use unfair tactics to minimize payout. You should always consult an attorney before accepting a settlement offer from the insurance company.
If your case goes to court, an attorney can represent you throughout the legal process. Your attorney can guide you through your lawsuit. Negotiations with the insurance company will likely continue until your case is resolved, and it could settle at any time.
You’re Not Alone in Your Truck Accident Case
According to the Illinois Department of Transportation (IDOT), 2021 alone saw a total of 295,604 motor vehicle accidents, 3.8% of which involved tractor-trailers. These accidents also accounted for 3% of injury accidents and 8.5% of fatal accidents that year.
In the event of a truck accident, you should understand what a truck accident investigation involves and speak with an attorney to discuss a possible case. If you believe a liable party was at fault for an accident and you sustained injuries and other damages because of the accident, you may be able to recover compensation. To determine what your options are when it comes to seeking compensation after a truck accident, contact us at Ankin Law to consult with a trusted Chicago truck accident attorney.
