A truck accident can happen in seconds.
After the crash, the first concerns are usually simple. Are you hurt? Is anyone else hurt? Do you need an ambulance?
The legal questions often come later.
Who caused the crash? Was the truck driver tired? Was the truck properly maintained? Was the driver working too many hours? Was there a problem with the company or the vehicle?
The answers may depend on evidence that is not easy for an injured person to find on their own.
That is why evidence can play such an important role in a truck accident case.
A Truck Accident Can Leave Behind More Evidence Than You Think
A crash involving a passenger car may come down to the accounts of the drivers and witnesses.
A commercial truck can create a much larger paper and data trail.
Depending on the circumstances, an investigation may involve:
- Driver records
- Electronic logging device data
- Vehicle maintenance records
- Inspection records
- Delivery records
- Company policies
- Surveillance video
- Dash camera footage
- Cell phone records
- Accident reports
- Witness statements
Each piece can help answer a different question.
The Truck’s Electronic Records May Matter
Many commercial drivers are subject to federal hours-of-service rules. Electronic logging devices, or ELDs, are used by drivers who are required to keep records of duty status, subject to certain exceptions. The devices can record information such as driving time, vehicle movement, engine hours, and driver identification.
Why does that matter after a crash?
Fatigue may become an issue in some truck accident cases.
If there is a question about how long a driver had been working or driving, ELD records may provide information that helps investigators understand the driver’s schedule.
These records are not proof of fault by themselves. They are one part of a larger investigation.
Maintenance Records Can Tell Another Part of the Story
Imagine a truck loses a tire, has a brake problem, or develops another mechanical issue before a collision.
The question is not only what failed.
It may also be important to know:
- When was the truck last inspected?
- Had the problem been reported before?
- Was maintenance performed?
- Was the vehicle taken out of service?
- Who was responsible for maintaining it?
Maintenance records can help answer those questions.
Video May Be Gone Before You Know It
New York City has cameras everywhere.
A collision may have been captured by:
- Traffic cameras
- Building security cameras
- Store cameras
- Parking lot cameras
- Bus cameras
- Dash cameras
- Nearby businesses
But video does not necessarily remain available forever.
A business may routinely overwrite old footage. A camera may record only a limited area. A system may save footage for a set period and then delete it.
That makes early evidence preservation important.
Witnesses Can Remember Details That Records Cannot
A witness may remember something that never appears in an official report.
Perhaps the truck driver was looking down before the crash. Perhaps the truck had been swerving. Perhaps another driver saw the truck run a light.
Witness accounts can help fill in gaps.
If you witnessed a truck accident, write down what you remember while the details are still fresh. If you were injured, ask whether anyone saw what happened and keep their contact information if possible.
Do Not Assume the Police Report Has Every Answer
A police report can be an important record after a crash.
But it may not contain everything that matters to a personal injury claim.
An officer may arrive after the vehicles have moved. A witness may have already left. Important video may not have been reviewed. The report may record what people said at the scene without resolving every disputed fact.
A more detailed investigation may be needed.
What Should You Do After a Truck Accident?
If you are physically able to do so, consider these steps:
- Get medical attention.
- Report the accident.
- Take photographs of the vehicles and scene.
- Write down what you remember.
- Get witness information.
- Keep your medical records and bills.
- Avoid posting details about the accident on social media.
- Do not assume the first explanation of the crash is the complete story.
Your health should always come first.
Why an Investigation Can Matter
Truck accident cases can involve more than the driver.
Depending on the facts, questions may involve the trucking company, vehicle owner, maintenance provider, cargo handler, or another party.
An investigation can help identify which people or companies may have information about the crash and which records may need to be preserved.
Contact a Truck Accident Lawyer in NYC
If you were injured in a truck accident, Segan, Nemerov, Singer & Sonin P.C. can investigate the circumstances, identify important evidence, and help you understand your legal options.
If you have questions about what happened, let us review the facts of your case and help you understand what may come next.