Investigating a truck accident is crucial for those involved in a severe injury accident with a commercial big rig. The impact of a truck accident can be devastating and result in severe injuries or even death. As such, injured truck accident victims in Atlanta need significant compensation to recover and rebuild their lives after a trucking accident.
Before you can hold the responsible parties accountable and seek compensation for damages, you must determine liability. A thorough investigation can help you do just that. By conducting a thorough investigation, victims and their families can understand the circumstances that led to the accident and have a better chance of obtaining justice and compensation.
Investigating Truck Accident Cases in Atlanta
When you hire a personal injury lawyer, your attorney will go to work quickly to build your case. This often involves an extensive investigation of the accident scene, the truck, and the trucking company’s records. This investigation is essential to proving liability and getting the compensation you deserve.
While every case is approached differently, here are some steps your attorney may take during a semi-truck accident investigation.
Examining the Accident Scene
An attorney examining a truck accident scene is looking to gather evidence that can help support your trucking accident case. They will look for physical evidence, such as skid marks and debris on the road. They may also take photographs and measurements of the scene to help recreate the events leading up to the accident. They will also look to see if there are video surveillance cameras near the accident scene so that they can examine the footage.
Inspecting the Truck
Inspecting the wrecked commercial truck after a crash is a necessary step. Your attorney will want to search for any physical evidence left on the semi-truck, such as damage patterns, parts or debris that the crash may have dislodged, or mechanical failures.
The examination of the truck can provide valuable information about the cause of the accident, such as the truck’s speed at the time of impact, the direction of travel, and any issues with the brakes, steering, or other mechanical systems. By studying the damage to the truck, the attorney can determine whether a defective product or truck driver error may have caused the crash.
Analyzing the Truck’s Electronic Logging Device (ELD)
Examining a commercial truck’s Electronic Logging Device (ELD) after a severe accident can provide crucial information about the truck’s movements and operating conditions leading up to the accident. The law requires all commercial big rigs to contain an ELD to track the truck’s hours of service, speed, and location.
The ELD will contain data such as the truck’s speed, engine hours, distance traveled, and the date and time of the accident. This information can help experts reconstruct the events leading up to the accident and provide valuable evidence in determining the cause of the accident and any potential liability.
According to the FMCSA, trucking companies must keep ELD data and a back for six months. However, this does not always happen. Some companies may choose to overwrite the data after a shorter time. For this reason, your attorney will want to move quickly to preserve this critical evidence after a catastrophic truck accident. After all, this data provides crucial evidence in an accident investigation and legal proceedings. If the ELD data is overwritten or otherwise lost, it can be difficult or impossible to determine the cause of the accident and any contributing factors.
To preserve the evidence and ensure that it is not lost or altered, your attorney must request this data from the trucking company or take legal action to preserve it. Legal action may include issuing a subpoena or obtaining a court order.
Investigate the Trucking Company and Driver
After a catastrophic truck accident, your attorney may need to investigate the trucking company and driver to prove liability and build your case. The trucking company and driver may be responsible for the accident if they were negligent, failed to comply with regulations, or engaged in other types of misconduct.
During the investigation, the trucking company’s records, the truck driver’s logs and training records, and government regulations and reports can all help build your case.
- Driver Logs: Driver logs can provide information about the driver’s service hours, rest periods, and driving patterns. Your lawyer can use this information to determine whether the driver operated the truck in compliance with regulations. It can also help establish the driver’s state of mind at the time of the accident.
- Trucking Company Records: Trucking company records can provide information about the company’s maintenance, inspection practices, and any prior accidents or violations involving the truck or driver. Your attorney can use this information to determine whether the trucking company followed appropriate safety standards and regulations.
- Government Regulations and Reports: Regulations set by federal and state agencies, such as the Federal Motor Carrier Safety Administration (FMCSA), can provide important information about the standards and requirements for commercial trucking. Accident reports from organizations like the National Highway Traffic Safety Administration (NHTSA) and the police can also provide valuable information about the cause and circumstances of the accident.
The ultimate goal of investigating the trucking company and driver after a catastrophic truck accident is to determine the cause and whether the trucking company or driver was at fault. This information can be used to negotiate a settlement or, if necessary, present the case in court.
Contact Our Experienced Atlanta Truck Accident Lawyers
If you or someone you know suffered an injury in a truck accident in Atlanta, you need someone ready to fight for you. At Kim Law, our Atlanta truck accident attorneys know that trucking cases are complex and difficult to navigate. That’s why we work tirelessly to take the legal burdens off your shoulders so you can focus on what truly matters most – your recovery.
Our experienced Atlanta truck accident attorney can meet you in a free consultation and begin fighting for your rights today! Contact us today for a free consultation. We work on a contingency basis, so you don’t pay us anything unless we win your case! Just call and JUST WIN.
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