What Happens After a Serious Truck Accident? The Evidence a Trucking Company May Have
After a serious truck accident, the injured person is usually dealing with an ambulance, a hospital, a damaged vehicle, missed work and an insurance company. At the same time, the trucking company may already be gathering information about what happened.
That is something injured people rarely think about.
A commercial trucking operation can have records and electronic systems that an ordinary driver simply does not have. Depending on the company and vehicle, there may be camera footage, GPS information, electronic logs, dispatch communications, driver records, maintenance information and an internal post-accident investigation.
The company may know more than what appears in the police report
The responding officer prepares the crash report based on what is available at the scene. The trucking company may have access to information the officer never sees.
For example, a fleet may know where the truck had been, how it was being operated, what messages were being exchanged with the driver or what an onboard camera recorded. The exact information varies from company to company, which is why identifying the systems in use is so important.
Camera footage
Some commercial vehicles use forward-facing cameras, inward-facing cameras or both. A forward-facing camera may show the roadway and events leading up to impact. An inward-facing camera may provide information about what the driver was doing inside the cab.
That can become particularly important when distraction, visibility or driver attention is disputed.
Electronic logs, GPS and telematics
Electronic logging devices and fleet systems can generate information about driver activity and vehicle movement. GPS and telematics may provide another piece of the timeline.
The value of this evidence depends on the case. I am not interested in collecting data simply because it exists. I want the information that helps answer a real question about why the collision occurred.
Dispatch and driver communications
A commercial driver may be communicating with dispatch or the company while working. In the appropriate case, those communications may help establish what was happening around the time of the crash.
This is one of the areas where knowing what to ask for in discovery becomes important. If you do not understand how the company operates, you may never ask for the record that answers the question.
Driver and safety records
The company may also maintain information about the driver's qualifications, training, safety history and compliance with company policies. Those records can matter when the case raises questions about hiring, training, supervision or safety practices.
The company's own post-crash investigation
One category of evidence people often overlook is the trucking company's own investigation. After a serious collision, the company or its safety personnel may gather photographs, interview people, review electronic information or reach internal conclusions about what happened.
Whether particular materials are obtainable depends on the facts and applicable law, but an attorney handling trucking litigation should at least understand that an internal investigation may exist.
Why preservation and discovery work together
Preservation is about identifying important evidence early enough that it is not lost. Discovery is about knowing what to request once the case is in litigation.
The two go together. A lawyer has to understand the types of records, technology and company processes that may exist. Otherwise, important evidence can be missed simply because nobody knew to ask for it.
The trucking company may begin investigating immediately. The injured person should not be left behind.
A serious trucking company has people, insurers and resources focused on the collision. An injured person is usually focused on getting through the next day.
That imbalance is another reason I believe serious commercial-vehicle cases should be investigated promptly. The goal is to make sure the evidence tells the story - not simply whichever side got organized first.
If you were seriously injured in a Chicago or Illinois truck or commercial-vehicle crash, contact Duran Law Offices at 312-300-0473 for a free consultation. We can move quickly to identify the evidence that may exist and the people or companies that may control it.