Trucking accident investigations and evidence: What to gather at the scene

In the aftermath of a trucking accident, the steps you take can significantly impact the outcome of any legal actions or insurance claims. Conducting a thorough investigation and gathering critical evidence at the scene are essential tasks that can help establish the facts and determine liability.

Below, the Orlando truck accident lawyers from DWK Law dive into the essentials of trucking accident investigations and evidence, guiding you on what to collect to strengthen your case under Florida law.

Immediate actions post-trucking accident

Ensuring safety and reporting the incident

Before anything else, ensure that all parties involved in the accident are safe and that medical help is on the way for anyone who has been injured and requires medical attention. Once immediate safety concerns are addressed, report the accident to the police. A police report is a crucial piece of evidence as it provides an objective account of the accident and usually documents how the event occurred which helps your case later during litigation.

Key evidence to gather at the scene

Photographs and videos

Visual documentation of the scene is invaluable. Take comprehensive photographs and videos immediately after the incident to show the following:

• The locations of the vehicles after the accident.
• Any visible damage to all vehicles involved.
• Skid marks, road conditions, traffic signs, and any obstructions.
• Weather conditions at the time of the accident.
• Any injuries sustained by those involved.

Witness statements

Collect contact information and statements from witnesses at the scene if possible. Witnesses can provide accounts that may support your version of events, which is particularly useful in disputes over fault. Gathering witness names can prove to be key later in litigation as witnesses can be hard to track down without this information.

Driver and truck information

Gather information from the truck driver, including their name, contact details, insurance information, and employer’s name. It’s also essential to note the truck’s license plate number and any identifying details about the trucking company, such as USDOT and motor carrier numbers. If there is a company name on the truck or trailer, be sure to write that down.

Key evidence to gather away from the scene

Technical and electronic evidence

Trucks are often equipped with Electronic Logging Devices and dash cams, which can provide vital information about the truck’s speed, brake use, and driver’s hours before the accident. Securing data from these devices requires quick action and, in some cases, legal assistance to ensure that the information is preserved and obtained through the proper legal channels immediately after the incident.

Understanding Florida’s laws on trucking accident investigations

Compliance with state laws

Florida statutes require certain procedures to be followed after a truck accident. According to Florida Statutes § 316.066, a written report of a vehicle crash must be submitted to the Department of Highway Safety and Motor Vehicles within 10 days of the accident if it results in bodily injury, death, or significant property damage. Ensuring compliance with such legal requirements is crucial for the admissibility of some forms of evidence.

The role of experts in trucking accident investigations

In complex trucking accident cases, an accident reconstruction expert may be necessary. These professionals can help interpret the evidence, recreate the accident scene, and provide insights into the dynamics of the crash, which can be pivotal in establishing fault. In some instances, expert witnesses will be required by courts to allow such evidence to be admissible at trial.

How DWK Law can assist you

Navigating the aftermath of a trucking accident can be overwhelming, especially when dealing with injuries, potential legal battles, and negotiations with insurance companies. At DWK Law, our experienced attorneys are adept at handling trucking accident claims, from conducting early and thorough investigations up through litigation by representing your interests in court or settlement discussions. We are committed to ensuring that all crucial evidence is collected promptly and properly, and by defending your rights every step of the way.

Conclusion

Effective trucking accident investigations and gathering comprehensive evidence early on are critical for protecting your rights and interests after an accident. Whether dealing with insurance claims or potential litigation, the evidence collected can significantly impact the outcome. If you are involved in a trucking accident, contact DWK Law for expert legal guidance and representation. Let us help you navigate this challenging time with the assurance that your case is in capable hands.