One of the biggest mistakes in a serious truck accident case is treating it like an ordinary car accident involving a much larger vehicle.
It isn't. A semi-truck or commercial vehicle can generate evidence that simply does not exist in a typical passenger-car crash. The trucking company may also have records that tell us what the driver was doing, what the company knew and what happened inside the operation before and after the collision.
That is why, when we investigate an Illinois trucking case, I want to know very early what evidence exists and who controls it.
The police report may tell us what happened. It may not tell us why.
In one commercial-vehicle case we handled, there was no real mystery about whether the truck struck our client. The important question was why the driver failed to see her.
That question took us beyond the crash report. By preserving available video and then pursuing the right electronic and company evidence through discovery, we were able to develop information about the driver's conduct and the company's own investigation that was not apparent from the initial police paperwork.
That experience is a good example of why trucking cases require a different mindset. You have to know what may exist before you can ask for it.
Truck and cab camera footage
Many commercial fleets use forward-facing cameras, inward-facing cameras, or both. Depending on the system, that footage may show the roadway, traffic conditions, pedestrians, braking, lane position or what the driver was doing inside the cab.
In a distracted-driving case, those few seconds can matter enormously. The police report may document the impact. Video may help answer why it happened.
Electronic logs, GPS and telematics
Commercial vehicles can generate a substantial electronic trail. Electronic logging devices, GPS systems and fleet telematics may contain information relevant to the driver's activity or the vehicle's movement.
Not every system records the same things, and not every category of data matters in every case. The important part is identifying the systems the company actually used and determining what information they contain.
Driver fatigue should be proven, not assumed
People hear “truck accident” and immediately think about driver fatigue. Fatigue can absolutely be an issue, but good litigation is not about throwing around allegations. It is about proving them.
If fatigue is a legitimate concern, electronic logs, dispatch information, GPS data and other records may help establish how long the driver had been working or driving and whether the records match the driver's account.
Cellphone records and company communications
Distraction can also be more complicated in a commercial case. There may be personal cellphone activity, but there may also be dispatch messages or communications between the company and the driver.
This is where discovery strategy matters. Asking a driver, “Were you distracted?” is one thing. Knowing what records to request so you can test the answer is another.
Driver qualification, training and company safety practices
Sometimes the investigation has to move further back in time. Who hired this driver? Was the driver properly qualified? What training was provided? What did the company know about the driver's history? What safety policies were in place, and were they actually followed?
A trucking negligence case may involve decisions made by the company long before the moment of impact.
Maintenance and inspection records
The driver may not be the only issue. Depending on the crash, we may need to investigate brakes, tires, lighting, inspections, repairs or maintenance. If a mechanical problem contributed to the collision, the maintenance history can become an important part of the case.
Do not overlook the company's own investigation
After a serious crash, a motor carrier may conduct its own investigation. There may be internal reports, safety reviews, photographs, communications or conclusions about whether the collision was preventable.
Those records can be significant. But again, the lawyer has to know that the material may exist, preserve what should be preserved and request the right information through discovery.
Why early preservation matters
Video can be overwritten. Electronic information can have retention limits. Vehicles get repaired. Records are maintained under different company policies. Witness memories do not improve with time.
There is no single deadline that applies to every type of trucking evidence. That is exactly why evidence preservation should be considered early instead of becoming an afterthought months later.
A truck case needs a truck-case investigation
A serious commercial crash may involve the driver, motor carrier, vehicle owner, company policies, electronic systems, maintenance records, commercial insurance and other responsible parties depending on the facts.
The point is not to make a case more complicated than it is. The point is to make sure the investigation is sophisticated enough to find the evidence that actually exists.
Seriously injured in an Illinois truck accident?
If you or a family member was seriously injured in a semi-truck, 18-wheeler, delivery truck or other commercial-vehicle crash, contact Duran Law Offices at 312-300-0473 for a free consultation. We can investigate what evidence may exist, who controls it and what steps may be appropriate to preserve it before it becomes unavailable.