December 16, 2024 | Article by Chain | Cohn | Clark staff Social Share
A significant amount of legal investigation is needed for truck accidents–an investigation that’s difficult or impossible for the average person to carry out.
Why? It can be tricky to unravel the causes of a typical car accident. But there are layers of additional complexity involved in truck accidents:
- Higher insurance limits. Truck drivers and their employers must carry a minimum of $750,000 in liability insurance—far more than the $60,000 required for a typical California driver in 2025.
- Aggressive defense. The higher dollar amounts involved mean that there’s more at stake—and insurance companies defend truck accident cases accordingly, often with teams of lawyers.
- Federal and state regulations. Commercial trucking is subject to hundreds of regulations. Any regulatory violations related to a case may be a way to prove negligence and collect damages.
- Multiple parties. Unlike a car accident, a truck crash usually involves other parties in addition to the two drivers. These parties may include the truck driver’s employer, the shipper, and others.
With multiple parties and many technical regulations in the mix, there are many ways to show that a truck driver or their employer was at fault in an accident. But first, you have to be able to gather the evidence. And with the high stakes involved, you’re sure to face a stiff defense from the other side.
It’s absolutely essential to have an experienced truck accident lawyer on your side who can take care of the truck crash investigation process.
In the rest of this FAQ, we’ll closely examine what’s involved in investigating truck accidents.
Injured in a Truck Accident? Get a Free Case Review
You may be eligible for significant compensation if you were injured or lost a loved one in an accident caused by a negligent truck driver. But it’s unlikely that you’ll receive the full value of your truck accident claim without the help of a lawyer.
The truck accident attorneys at Chain | Cohn | Clark can handle the process of investigating your accident, amassing evidence to prove your claim, and negotiating the best possible settlement.
The best part is that you don’t need to pay anything up front. Our lawyers work on contingency, which means they aren’t paid unless you receive a settlement or jury award. Then, their payment is a pre-agreed percentage of your compensation.
Contact us today for a free, no-obligation review of your truck accident case.
How Are Truck Accidents Investigated?
Truck accident investigations are multifaceted. Your attorney may utilize various experts, such as in-house researchers, private investigators, and expert witnesses. The goal is to ensure they have all the information they need to establish fault and prove your claim.
Truck accident evidence collection mainly falls into the following categories:
- Physical evidence. This primarily includes the vehicles involved in the crash and details of the accident scene.
- Witnesses. It’s important to interview anyone who saw your accident or its aftermath to help determine the sequence of events.
- Photographic evidence. This includes photos and videos of how the vehicles were situated after the crash, vehicle damage, skid marks, road conditions, signs and traffic lights in the vicinity, and the general accident scene. It may also include video from dash cams or security footage from nearby businesses or traffic cameras.
- Electronic records. This includes information recorded by the electronic control module (ECM)—sometimes called a vehicle’s “black box.” ECM data includes important details about an individual’s driving, such as top speed, acceleration, and hard braking. It also includes a trucker’s electronic logging device (ELD) data, which records hours of service information.
- Documentary evidence. This is a huge category that includes:
- Police reports, personal information about all drivers involved, insurance details, and more
- Medical records that document your injuries, treatment, and expenses
- Truck industry records include the trucking company’s safety records, driver’s personnel records, vehicle maintenance and repair records, trailer load plans, and more
Collecting and analyzing truck industry records requires specialized knowledge of Federal Motor Carrier Safety Administration (FMCSA) trucking regulations. Any rules violations related to your accident may mean that an additional party—such as the trucking company, a repair shop, or a vehicle manufacturer—may be liable for damages.
Preserving Evidence
There are many reasons for consulting a truck accident attorney as soon as possible after your accident. Not least of these is the need to preserve evidence.
For example:
- The accident scene will be cleaned up within days or even hours of the crash.
- The more time passes, the harder it is to track down witnesses.
- ECM data is typically stored on a vehicle’s computer for 30 days.
- Trucking companies are only required to keep ELD records for six months.
Another critical factor is that—given a truck accident lawsuit’s high stakes—trucking companies may act in bad faith and discard or alter evidence that points to their negligence.
A truck accident attorney can send a spoliation letter to the trucking company briefly explaining your claim and specifying in detail all the evidence they should preserve relevant to the case.
If such a letter is sent promptly after the accident, there may be serious consequences for the trucking company if any of the requested records are lost. A judge may even instruct a jury that they can assume that the lost evidence would have damaged the trucking company’s defense.
Truck Accident Forensic Analysis
Most truck accident cases require the assistance of expert witnesses.
For example, accident reconstruction experts work backward from an examination of the vehicles, accident scene photos, ECM data, and other information. They are usually trained in automotive or mechanical engineering. They apply their knowledge of physics to model—sometimes with 3-D animation—how an accident occurred.
Bakersfield Truck Accident Lawyers
Taking on the corporate lawyers who defend truck accident claims is not a task you should tackle alone.
Chain | Cohn | Clark’s truck accident attorneys are known and respected by the insurance industry and the legal community in Bakersfield and throughout Kern County. Let our lawyers direct the investigation of your truck accident, handle the legal filings, negotiate the best possible settlement—or, if necessary, prove your case in court.
Contact us today for a free consultation.
