Truck Accident Investigation

Massive commercial trucks are a common sight on the roads in Florida. Truck drivers deliver a bulk of the goods that keep our country running on a daily basis. These drivers are specially licensed with commercial drivers’ licenses due to the risky nature of their work, and many have additional certifications depending on the nature of the cargo they haul and the size of the vehicles they drive. 

The reality, though, is that there is no amount of licensing and certification that will guarantee a driver will not be in an accident—and these crashes can be catastrophic. At Bernheim Kelley Battista, LLC, our truck accident lawyers in Fort Lauderdale are standing by, ready to proactively investigate your crash. Contact us today for a free, no-obligation initial legal consultation.

What to Expect During a Truck Accident Investigation (Know the Steps)

Once you file your claim, an adjuster will be assigned to your case to take up an investigation on behalf of the insurance company. During the investigation, there are a number of steps they will go through in order to determine the extent of the damages and the compensation you are owed as a result. The steps after a truck accident are more complicated than a passenger vehicle accident. Here are some basic things that you can expect during a truck accident investigation: 

• Evidence Collection: Ultimately, truck accident claims come down to the evidence. Collection, preservation, and preparation of evidence are key to any truck accident injury claim. You need an attorney who can proactively secure relevant evidence. 

• Trucking Records Check: Truck drivers are required to keep meticulous records of their travels, the cargo they haul, the distances they travel, the hours they drive, and more. These records provide a great way of getting a good idea of what happened in the events leading up to the accident. 

• Expert Analysis: After a serious truck accident in Florida, an expert may be brought in to provide testimony on a key (disputed) matter. For example, a truck accident recreation expert can analyze evidence to help determine why a crash actually happened.
• Independent Medical Examination: Damages matter in an investigation. The insurance company may require you to submit to an independent medical examination to confirm the injuries you are claiming. Notably, the term “independent” is a misnomer as this exam is carried out by a contracted doctor working on behalf of the insurance company,

Understanding a Truck Driver Investigation

The Florida Highway Safety and Motor Vehicle (FLHSMV) reports that more than 30,000 truck accidents were reported in the state in 2021. These crashes should always be carefully investigated. As many crashes are caused by driver error—such as in a distracted driving trucking accident—the driver will be investigated. 

When a truck crash occurs, the driver undergoes a thorough investigation. Authorities scrutinize the driver's logbooks for any hours-of-service violations, ensuring they weren't fatigued or overworked. Their training, certification, and medical records are assessed to verify their fitness to operate. Drug and alcohol tests may be conducted to rule out impairment. Additionally, any prior traffic violations or infractions are reviewed.

How are Company Records Reviewed After a Truck Accident?

Truck companies have a duty to ensure that their drivers and their vehicles are reasonably safe. In some cases, truck accidents are due to improper loading or other unsafe practices by a company. A comprehensive investigation of all of the company’s records is a must after a serious collision. After a truck accident, reviewing the involved company's records is pivotal in the investigation process. Among other things, records that may be reviewed include: 

• Maintenance logs; 
• Inspection records; 
• Training records; and 
• Past violations.

Why Trucking Companies Often Conduct Their Own Accident Investigations

Trucking companies frequently conduct their own accident investigations to protect their interests, assess potential liabilities, and build their defense. You cannot rely on their investigation. To get the maximum personal injury settlement, you need your own investigation.

To learn more, schedule a free consultation with us today.

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Who Investigates Truck Accidents?

Truck accidents are investigated by multiple parties to establish causation and responsibility. The police document initial findings, control traffic, and gather evidence. 

Beyond that, the trucking company's insurer investigates to determine claim validity and potential settlements. The insurance company will focus on building its defense. 

Of course, you need your own investigation. Your Fort Lauderdale semi-truck accident attorney will conduct an independent probe to protect your interests and help you maximize your recovery.

When Do Truck Accident Investigations Take Place?

They start right away after a crash. Police typically arrive first, securing the scene and gathering initial evidence. The trucking company's insurer often launches their investigation promptly to assess the claim's veracity. You do not want to fall behind in the legal claims process. An investigation can take weeks or even months to be completed.

Questions That Arise in a Truck Accident Investigation

During a truck accident investigation, a wide range of different questions could arise: 

• Was the truck driver fatigued or under the influence of drugs or alcohol?
• Were there any mechanical issues or malfunctions with the truck?
• Was the driver in compliance with hours-of-service regulations?
• Were road conditions or environmental factors contributory?
• Did the trucking company adhere to all safety and maintenance protocols?
• Were the cargo's weight and distribution within legal limits?

Reports and Documents That are Examined in a Truck Accident Investigation

In a truck accident investigation, a myriad of reports and documents are meticulously examined to construct a comprehensive understanding of the incident:

• Police accident report; 
• Driver's logbook; 
• Vehicle maintenance and inspection records; 
• Truck's electronic control module (ECM) data; 
• Driver's employment, training, and medical records; 
• Cargo loading and shipment records; 
• Witness statements; 
• Photographs or videos from the accident scene; 
• Cell phone records of the driver; and
• Traffic and weather reports from the day of the accident.

Who is Liable in a Truck Accident Case in Florida?

The size difference alone between a commercial truck and a passenger vehicle is enough to cause serious damage and injury to the people in the smaller vehicle, and there are many other factors, such as the weight of the cargo being hauled and the speed of the vehicles involved in the crash that can lead to even more serious injuries. In a fault-based truck accident claim, a number of different parties may bear legal responsibility for a crash, including: 

• Truck driver; 
• Trucking company; 
• Trailer loaders; 
• Truck manufacturers; and
• Third-party motorists.

How BK Law Can Help With a Truck Accident Claim in Florida

Truck accident claims are complicated. A proactive, thorough investigation is an absolute must. An experienced personal injury lawyer in Fort Lauderdale can help. At BK Law, we know what it takes to handle all types of truck accident claims. Among other things, our Florida tractor-trailer accident lawyers are prepared to: 

• Hear your story, answer questions, and explain what comes next; 
• Immediately and thoroughly investigate your truck accident; 
• Gather all of the evidence needed to prove liability and damages; 
• Advocate for your best interests in any settlement negotiations; and
• Take aggressive action to help you maximize your financial compensation.

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Call Our Fort Lauderdale Commercial Truck Accident Lawyer Today

At Bernheim Kelley Battista, LLC, our Fort Lauderdale truck accident lawyers are ready to investigate your crash. Contact us today for your free, no-commitment consultation. With offices in Fort Lauderdale, Miami, Fort Myers, and Jacksonville, we handle truck accident claims throughout Florida.