Once the chaos of a wreck subsides, once the sirens fade and traffic resumes, victims are faced with the aftermath. They have just lost a loved one, sustained serious injuries, experienced life-altering trauma.
What Happens After a Truck Accident?
Most victims ask this question. Where do we go from here? And, more urgently, why did this happen?
After a catastrophic commercial vehicle wreck, it’s hard to sort through what happened. The right truck wreck attorney will act quickly to preserve evidence, investigate the event and stay by your side through it all.
I recently talked with retired Indiana State Trooper and accident reconstructionist Mark Helms on my podcast, After the Crash. Here are five key takeaways.
Can Police Reports About Truck Accidents Be Inaccurate?
When someone calls 911 and reports a wreck, police head to the scene. They fill out an accident report, writing the drivers’ names, the location of the wreck, the cause, and other information.
Unfortunately, police are often in a hurry to reopen roads and move on from the situation. Mark, a former police officer, noted that most officers jot down causes like “failure to yield right of way” or “following too closely.” However, these notes are based on a surface-level investigation from the information that is clearly available.
The police do their jobs, but their reports aren’t always accurate.
Most police departments lack the funding to train their officers in accident reconstruction or purchase up-to-date equipment. In fact, Mark shared with me that officers typically only receive 12 to 16 hours of traffic law in the academy, most of which deals with DUI cases and other common violations.
So, instead of taking police reports at face value, the right attorney will hire a reconstructionist to examine every aspect of the crash. They can download vehicle data, survey camera footage and study the crash site to get to the truth.
Why Time Is Critical After a Truck Accident
Car and truck accidents can be disastrous. They can leave survivors’ lives in shambles. Despite the chaos and confusion, victims must seek help as soon as possible. One reason for this is preservation of evidence.
In my book, Semitruck Wreck: A Guide for Victims and Their Families, I discuss in detail the importance of preserving evidence. Evidence is key to every case, no matter how big or small.
At the beginning of a case, your attorney should send a “preservation of evidence” letter to anyone involved in the wreck. This may include the trucker, his employer, and the insurance company. Without this step, negligent drivers or companies can hide important evidence.
Your attorney may also need to request a temporary restraining order, which will bar opposing parties from touching, hiding or altering any piece of evidence.
For these reasons, you must — as soon as possible — hire a personal injury lawyer who is experienced, knowledgeable and trained to handle truck wrecks.
Experts in reconstruction, like Mark Helms and others at Crash Consulting Services, LLC, will hit the scene of the crash as soon as possible. Even tiny details — skid marks or chunks of glass, for example — can be crucial for investigators and may be gone if they arrive too late.
Advanced Tools Reveal Hidden Crash Evidence
Technological advancements over the years have changed accident reconstruction for the better. These tools can uncover a wealth of evidence, and the right crash investigator will sort through all of it to find the truth.
Picture yourself at the scene of a wreck. What evidence is there? You may be picturing debris from the vehicles or marks on the road. What experts like Mark Helms know is that evidence is everywhere.
Drones are one tool investigators use. The aerial view of a crash site and the surrounding roads gives experts a different perspective. It can reveal things that may be invisible from the ground.
Where police officers and investigators once took photographs on rolls of film, now they can use 3D scanners to capture a crash scene. These scanners use lasers to capture everything in their vicinity.
Today, most businesses have security cameras outside the building. When wrecks occur around stoplights, for example, the businesses on nearby streets may have video footage of the accident. However, most establishments discard video after a period of time — as few as 10 days. So, if your attorney or accident reconstructionist fails to request this footage from the businesses, evidence may be lost.
Another form of evidence experts will seek is data from a truck’s Electronic Control Module (ECM). Skilled investigators have the resources to download that data and analyze any findings.
This data may include:
- Vehicle speed
- Brake application
- Lateral and longitudinal acceleration
- And other factors in engine performance
Mechanical issues may not be visible from the outside, so having a large truck mechanic examine the commercial motor vehicle involved in the accident is crucial.
Why Witness Testimonies Matter in Truck Accident Cases
Beyond the drones and downloads, evidence can be stored within the people who witnessed the wreck. If a collision occurs near a construction zone, workers may have seen or heard the wreck. An experienced truck accident lawyer will get the 911 call data and all police body camera footage to help identify possible witnesses.
These people may not realize how valuable their perspectives are. But any observation — sounds, swerving, brakes squealing, words said in passing — is important for attorneys to know.
Choosing the Right Accident Reconstruction Expert
Accident investigators come with varying degrees of expertise. Before moving into the private sector, Mark was an officer with the Indiana State Police for 30 years. He has reconstructed hundreds of car and truck wrecks.
Many police departments lack the resources to conduct full-fledged accident investigations. Their reports may oversimplify situations that turn out to be quite complicated.
The best accident reconstructionists have the equipment, training and experience to look at every aspect of a crash. Many crash consultants work with either plaintiffs or defendants, depending on the case. They must approach their work neutrally, without bias.
Good reconstructionists get to the truth. Sometimes, this means that an attorney finds out their client caused the wreck. But it answers the question, “What happened?”
Finding the right truck-wreck attorney means finding someone who is willing to devote the time and resources to your case. This lawyer will hire experts to investigate the wreck, interview witnesses, examine camera footage, download vehicle data and more.
If you’re the victim of serious injury from a wreck caused by a truck driver, you must reach out to qualified truck-wreck attorneys. At Craig, Kelley & Faultless, we have contacts who can investigate the crash and the trucker’s company to get to the bottom of your case.
Call us today at (800) 746-0226 for a free case consultation.
David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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