How do truck accident investigations work? Truck accident investigations in Cincinnati and the rest of Ohio may determine fault, liable parties, and damages. Understanding how these investigations work can maximize your compensation. Steps include reviewing camera footage and collecting evidence, such as vehicle debris and electronic data, from a truck’s black box. Multiple liable parties, such as the truck driver, trucking company, and cargo loader, could be involved.
A truck accident lawyer in Ohio can help with your case. Call Young, Reverman & Bolotin at 513-400-0000.
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The Step-by-Step Process of Truck Accident Investigations in Ohio
Ohio has the fifth-largest interstate system in the United States. The state’s roads are no stranger to tractor-trailers and other large vehicles, and crashes are common. They occur for many reasons, and the Ohio truck accident investigation process begins right at the scene of an accident.
Preserve the Scene
Law enforcement officers and emergency responders at the accident scene often do more than help injured people and redirect traffic. Their duties could include investigative tasks such as photographing the scene and taking notes on incident details, like date, time, location, road conditions, weather, light conditions, and so on.
They also assess the involved parties, the injuries in question and the actions taken, positions of cars and trucks, visible damage, skid marks and physical evidence, and any traffic violations such as speeding. After all, the top causes of truck accidents include distracted or reckless driving, intoxicated driving, and poor truck maintenance. Many of these causes result in traffic tickets.
Collect and Interpret Evidence
Investigators look for physical evidence such as vehicle debris, as well as camera footage from multiple sources and electronic data from the truck’s black box. It records information such as the truck’s speed, braking, and hours of service prior to the accident.
Not all trucks have a black box, but most newer commercial vehicles do. If older or smaller trucks have them, they have usually been added after market. Interpreting the black box data in addition to all the other data to reconstruct the events that led up to the crash requires special expertise and is an important aspect of the investigation.
Interview Witnesses and Reviewing Records
How do truck accident investigations work? Investigators in Cincinnati talk with drivers, passengers, and other witnesses to get firsthand insight into what happened. Truck accident investigations also involve reviewing the truck driver’s record and the trucking company’s compliance with safety regulations. The company may have a history of violations or negligence.
Reconstruct the Collision
Accident reconstruction experts may reconstruct the crash to understand its dynamics and to determine fault. They can use computer simulations to portray the crash visually and explain in detail the force of impact, vehicle trajectories, road conditions, and other considerations.
Who Are the Investigators in Cincinnati?
Many types of investigators can be involved. Local and state police who responded to the scene typically conduct the initial investigation and submit a report.
Federal agencies such as the Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration may get involved, depending on the situation. For example, the FMCSA looks into crashes that involve commercial trucks and violations of driver hours-of-service laws, safety equipment failure, and other federal trucking violations.
Various insurance companies typically have parts to play. The trucking company’s insurer as well as the passenger vehicle’s insurer conduct investigations. They often work with accident reconstruction experts to figure out liability. Attorneys and law enforcement agencies also commonly hire accident reconstruction specialists.
Meanwhile, the trucking company itself may conduct an internal investigation to identify probable causes, such as driver error or vehicle malfunction. A truck accident lawyer also investigates. These personal injury lawyers represent injured parties or their families, and work with independent investigators, including accident reconstruction experts.
Do insurers hire private investigators? Sometimes, yes, especially in cases involving a lot of money. The PI’s job is to look for information that helps the insurer deny claims or minimize payouts. For example, a PI might search for information on social media that points to injury claims being exaggerated.
Key Evidence Collected During Ohio Truck Accident Investigations
How do truck accident investigations work? Several important types of evidence may determine who can be held responsible in a truck accident. Electronic logging devices can identify if truck driver fatigue may have contributed. In these situations, liability could point toward the driver and the employer.
Meanwhile, the truck’s maintenance history can turn up mechanical issues or repairs that were never made. Cargo logs verify that cargo met legal weight limits and was secured properly. Otherwise, the cargo loading company could bear some liability. Video footage may also help determine various types of liability.
The parties who can be held liable include truck drivers, their employers, truck owners, freight owners or hauling companies, parts manufacturers, truck manufacturers, and even the local government. The latter could occur in situations involving subpar road maintenance, design, or construction.
Each piece of evidence in truck accident investigations in Ohio is assessed with an eye toward comparative negligence. In Ohio, modified comparative negligence allows injured people to get compensation, even if they played a role in causing the accident. They must be 50% or less at fault, though, and the amount of compensation they are eligible for decreases by their percentage at fault. Someone deemed 30% at fault would likely see their compensation go down by that percentage.
How a Truck Accident Lawyer Can Help with Your Ohio Investigation
A truck accident lawyer can be a valuable ally for many reasons. These lawyers help gather evidence and identify the liable parties. In truck accidents, these steps can get complex.
Your lawyer can also negotiate with insurers and help you avoid making damaging statements. Many truck accident cases do not go to court, instead settling outside of court. However, if necessary, your lawyer can litigate your case in front of a jury. Contact us at Young, Reverman & Bolotin to find out more.
