Most serious injury and death cases involving an 18 wheeler are investigated at the scene by the Highway Patrol or other police officer as well as insurance company for the truck driver and trucking company. Typically hundreds of photographs are taken; the scene is surveyed digitally to show important pieces of evidence such as skid marks and vehicle parts. It is very important that the victim's family secure an attorney with a track record of successfully prosecuting truck accident cases as early as possible before critical evidence disappears or is "lost".
Many trucks now have GPS devises or "trip master" computers onboard that record important information such as speed, braking and hours of operation and the victims family needs an attorney who is knowledgeable about such matters and prepared to act quickly to preserve important evidence and also one who has a quick response team ready to get to the scene of the wreck.
Many times issues such as the condition of the tractor-trailer, including brakes, loaded weight and non compliance with the safety regulations like hours of operation are very important in establishing the proper responsibility for the accident.
Investigation of 18 wheeler accidents should be handled by attorneys well versed in the regulation of trucks and drivers and experienced in reconstruction of truck wrecks.
A lawyer investigating an 18 wheeler accident where braking is an issue should have a through knowledge of the air brake systems of both tractor and trailer, proper slack adjuster settings, and be well versed in the application of the Federal Motor Carrier Safety Regulations applicable to brakes.
On the ground evidence such a braking, yaw or skid marks and marks showing the point of impact can be very important as the insurance companies for the truck driver always try to shift responsibility to others, and primarily the victim for the accident.
Most folks assume the because a ticket was issued that the matter of liability is settled-that is not the case. Very seldom do tickets come in to evidence in a Texas wrongful death case involving an 18 wheeler or a car accident.
Gathering irrefutable facts from the scene as soon as possible is the proper course of action for defeating the insurance companies blame shifting defenses.
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