Request FREE consultation - 1866-758-4529 
Most serious injury and wrongful death cases involving an 18-wheeler are investigated at the scene by the Highway Patrol or other police officers, and the insurance company for the truck driver and the trucking company.
Typically, hundreds of photographs are taken, and the scene is surveyed digitally to capture important pieces of evidence, such as skid marks and vehicle parts.
The victim’s family should secure a reputable truck accident attorney (one with a proven track record of success in handling truck accidents) and not just an attorney who wants to handle the case or claims to be a truck accident lawyer.
The earlier the family retains a truck accident lawyer, the better for the truck accident lawsuit.
Reconstruction is really a reenactment of the crash.
Some truck accidents are witnessed by many people, and what happened is not in dispute. At other times, there will be video, either on board the big rig or local footage from nearby businesses. But the vast majority of serious injury or wrongful death truck wrecks involve a reconstruction of the accident by expert witnesses.
The saying “there are always two sides to the coin” applies to lawsuits involving truck wrecks. Folks usually assume that when the truck driver was ticketed, liability is settled. Unfortunately, that is not how it works in Texas. Unless the investigating officers were qualified to reconstruct the accident and actually did so, their opinions are not admissible.
An accident reconstruction expert will use information gathered at the scene, along with computer-aided reenactments and witness accounts, to piece together the accident scenario for presentation to the judge and the jury.
Typically, the insurance defense lawyer will have an accident reconstruction expert whose opinions are often that it wasn’t the truck driver’s fault, even though the truck driver was ticketed for their conduct.
Hiring an attorney early after the crash gives the victim a better chance of fighting the insurance company’s attempt to shift the blame.
If an attorney for a big rig collision cannot quote sections of the Federal Motor Carrier Safety Regulations by heart, you have the wrong person.
Many trucks now have GPS devices or “trip master” computers onboard that record important information such as speed, braking, and hours of operation, and the victim’s family needs an attorney knowledgeable about such matters and prepared to act quickly to preserve important evidence, and also one with a quick response team ready to get to the scene of the wreck.
Often, issues such as the condition of the tractor-trailer, including brakes, loaded weight, and non-compliance with safety regulations, like hours of service, are crucial in determining the proper responsibility for the accident. Investigations of 18-wheeler accidents should be handled by attorneys well-versed in regulating trucks and drivers, as well as experienced in reconstructing 18-wheeler accident cases.
A lawyer investigating an 18-wheeler accident where braking is an issue should know of the air brake systems of both tractor and trailer, proper slack adjuster settings, and be well-versed in applying the Federal Motor Carrier Safety Regulations applicable to brakes.
On the ground evidence, such as braking, yaw, or skid marks, and marks showing the point of impact, can be very important, as insurance companies for the truck driver often try to shift responsibility to others, primarily to the accident victim.
Most folks assume the because a ticket was issued that the matter of liability is settled-that is not the case, seldom do tickets come into evidence in a wrongful death case with an 18-wheeler. Usually, the officer’s opinions on the cause of the crash are not heard by the jury.
Gathering irrefutable facts from the scene soon is the proper course of action for defeating the insurance companies ‘ blame-shifting defenses.
Most of the time, the trucking company has the advantage in terms of time. While the victim is in the hospital, the team for the motor carrier is at the scene and working to create defenses to a claim.
Getting the best 18-wheeler accident law firm on your side must be a priority.
Call us for a no-obligation consultation- (281) 893-0760.
Related Articles:
What You Need to Know About Reconstruction of Truck Wrecks
What Elements Must I Prove to Win a Truck Accident Case?
How Can I Prove Federal Violations After a Truck Accident?
Do I Need Accident Reconstruction After a Houston Truck Accident?
What Documentation Do I Need to File a Truck Accident Claim?
