How Truck Accidents are Investigated in Colorado

Truck accidents can have catastrophic consequences, leaving victims and their families with life-changing injuries, trauma, and significant financial concerns. Due to the massive size and weight of commercial trucks, truck accidents can result in significant property damage and serious injuries. As discussed b y the Colorado truck accident attorneys at Bowman Law, a thorough investigation is necessary to determine liability. In this article, we will discuss the key steps investigating Colorado truck accidents, critical pieces of evidence, and the roles of various agencies in determining fault. Understanding how these investigations work is important for both accountability and safety on the roads.

The Federal Motor Carrier Safety Administration

In the vast expanse of America’s highways, the Federal Motor Carrier Safety Administration (FMCSA) stands as a sentinel of safety, overseeing the regulation and enforcement of commercial motor vehicle operations. The FMCSA was established with truck and accident prevention as a core objective. The primary mission of the FMCSA is to reduce the number of accidents, injuries, and fatalities involving trucks. To achieve, the FMCSA enforces safety regulations and develops strategies that target high-risk carriers and drivers. Specifically, the FMCSA oversees the following key functions:

• Regulating the Trucking Industry: This involves creating and enforcing safety regulations that govern the operation of commercial motor vehicles. These regulations aim to improve road safety and prevent accidents involving trucks.
• Monitoring Compliance: The agency conducts compliance reviews and audits to ensure that trucking companies and drivers adhere to established safety regulations.
• Education & Outreach: The FMCSA works to increase awareness about the importance of truck safety, provides educational resources, and delivers safety training programs to drivers, carriers, and the public.
• Data Collection & Analysis: The agency gathers and analyzes data from truck crashes and inspections to identify trends and develop effective safety initiatives.

Some of the key regulations initiated by the FMCSA include the following:

• Hours of Service Regulations: These regulations aim to minimize driver fatigue, a major contributing factor to truck accidents. These rules dictate how long a driver can be on duty and drive within a certain period, and how much rest they are required to get. For instance, drivers must take a 30-minute break after 8 hours of driving.
• Vehicle Inspection and Maintenance Requirements: The FMCSA mandates regular inspections and maintenance of commercial motor vehicles to ensure they are in safe operating condition. Vehicles must undergo annual inspections. Drivers are required to perform post-trip inspections to identify and resolve any potential mechanical issues. Every commercial vehicle requires periodic inspection that must be performed at least once every 12 months.
• Driver Qualifications and Training: The FMCSA establishes standards for driver qualifications and training, which contribute significantly to truck accident prevention. To obtain a Commercial Driver’s License (CDL), drivers must pass a series of exams and participate in entry-level driving training.
• Drug and Alcohol Testing: The FMCSA enforces strict drug and alcohol regulations for commercial drivers, who are subject to random testing, testing after accidents, and pre-employment testing, among other situations. This program aims to remove drivers impaired by drugs or alcohol from the road, further contributing to accident prevention.
• Training for Hazardous Materials Transportation: The FMCSA mandates that drivers who transport hazardous materials must receive specialized training to ensure they can safely handle and transport these materials. 

Who Investigates a Colorado Truck Accident? 

Several parties may collaboratively or independently investigate a truck accident depending on the circumstances, severity, and location of the crash. The investigation may involve multiple organizations:

• Local Law Enforcement: Local police departments secure the crash site, provide emergency assistance, and conduct a preliminary investigation.
• State Law Enforcement: The Colorado State Patrol may respond to the scene, especially if the collision occurs on highways. The officers are trained to address commercial vehicle accidents and are knowledgeable about trucking regulations.
• Federal Agencies: The FMCSA may conduct an investigation if the accident involved violations of federal trucking regulations. The National Transportation Safety Board may also investigate high-profile or fatal accidents involving trucks, especially those with public safety concerny.
• Insurance Companies: insurance companies conduct independent investigations to determine liability and evaluate damages.
• Accident Reconstruction Experts: Law enforcement may appoint accident reconstruction experts to recreate the events leading to the crash.
• Attorneys: Lawyers will conduct separate investigations to establish liability and losses.
• Occupational Safety and Health Administration: OSHA may investigate if the semi accident causes the death or serious injury of a worker, especially if there are safety violations. 
• Environmental Agencies: If a semi was carrying hazardous materials at the time of the accident, environmental protection agencies like the Environmental Protection Agency or EPA may investigate the effects on the environment.

What Do Truck Accident Investigators Look for? 

Investigators of semi accidents in Colorado examine several factors to establish liability. The following are the common considerations in a semi truck accident investigation:

• Driver Factors: Investigators examine if the truck driver was under the influence, fatigued, distracted, speeding, or driving without a license. Investigators also review the medical history of the trucker to determine if a health issue was a factor in the crash.
• Vehicle Defects: Investigators search for signs of mechanical failure. They also examine black box data, maintenance records, and cargo limit and securement.
• Road and Weather Conditions: Investigators assess whether road hazards such as sharp curves, potholes, poor signage, or road construction played a role in the collision. They also analyze if weather conditions such as rain, fog, ice, or wind or traffic signals contributed to the collision.
• Regulation Compliance: Investigators check if the truck driver complied with hours of service regulations and weight limits. They also inspect whether the truck was carrying hazardous materials or equipped with required safety devices when the accident occurred.
• Accident Scene Evidence: Investigators measure skid marks, gather statements from witnesses, and review other evidence to reconstruct the semi accident.
• Third-Party Liability: Investigators assess manufacturer defects if mechanical failure is suspected, check loading company negligence and trucking company practices to discover if a third party was at fault.

Investigating Colorado Truck Accidents

The truck accident investigation process is a thorough procedure involving multiple steps to determine the cause of the collision. The key steps in the investigation process include:

• Securing the Scene: First responders secure the area, provide medical assistance, and prevent additional accidents.
• Law Enforcement Investigation: Police collect statements from witnesses and other involved motorists. If alcohol use is suspected, police may conduct sobriety tests.
• Evidence Collection: Authorities take photos, videos, measurements, and vehicle inspections at the crash site. 
• Review of Driver Information: Investigators review the truck driver’s logbook to determine if the driver complied with the hours of service regulations. They also examine the commercial driver’s license, or CDL, of the trucker and their training and safety records.
• Truck Inspection: Investigators inspect the black box of the truck to analyze the speed and movements prior to the accident. They also check for mechanical issues, and cargo compliance.
• Accident Reconstruction: Experts analyze the physical evidence and create a detailed reconstruction of the accident to determine who is at fault in the collision.
• Regulatory Compliance: FMCSA checks for compliance, including hours of service, vehicle maintenance records, vehicle inspection records, licensure and endorsements, weight limits, and cargo securement. These regulations are reviewed to search for possible violations.
• Determining Liability: Investigators assess whether the truck driver violated traffic laws, the truck had mechanical issues, and whether a third party was responsible for the collision.
• Insurance Investigation: Insurance companies review the police report, witness statements, and evidence. Their adjusters evaluate vehicle damage, injuries, and liability to handle claims.
• Legal Proceedings: Lawyers may file lawsuits.

Evidence in a Colorado Truck Accident Investigation

Several types of evidence are crucial in a truck accident investigation. 

• Physical Evidence: These include skid marks, debris, vehicle damage patterns, road situations, and weather conditions at the time of the crash.
• Photos and Videos: These are photos of the accident scene, dashboard camera footage, traffic camera recordings, and other nearby surveillance camera videos.
• Driver-Related Evidence: These constitute the logbooks, medical records, drug test results, cell phone records, and qualification file of the truck driver.
• Vehicle-Related Evidence: These include maintenance records of the truck, inspection reports, documentation of load securement, and bills of lading.
• Event Data Recorders (“EDR”): In truck accident investigations, one of the most useful tools is known as the Event Data Recorder, or ‘black box.” Every vehicle manufacturer creates its own set of parameters regarding information recorded by EDR. Some of the key data may include:
• Witness Statements: These are accounts of the eyewitnesses and reports of the first responders at the scene of the accident.
• Company Records: These involve the training records of the trucker, safety policies of the truck company, and hiring practices documentation.
• Expert Analysis: It consists of accident reconstruction reports, engineering assessments, and medical expert evaluations and opinions.
• Regulatory Compliance Documentation: This includes the truck driver’s hours of service logs, vehicle registration and insurance information, and the company’s compliance with the FMCSA.

Contact our Colorado Truck Accident Attorneys

At Bowman Law, we recognize the profound impact a personal injury can have on your life. Our Colorado truck accident attorneys understand the overwhelming challenges you may be facing. Do not go at it alone. Let us help. Our Colorado truck accident attorneys provide compassionate legal representation to help you navigate this challenging time.

Our client-first approach ensures your needs are at the forefront of everything we do. We pride ourselves on transparency, integrity, and clear communication, guiding you through each step of the legal process. From initial consultation to the resolution of your case, we will guide you through the process. Our goal is to alleviate the stress of legal proceedings so you can focus on your recovery. Bowman Law has a proven record of success.

Contact Bowman Law if you were injured in a Colorado semi accident. Please send us a message or call us at 720-538-0604 to schedule a free case evaluation. Remember, you have one chance at attaining full and complete justice, and we are here to ensure you seize it. Let Colorado’s top-rated truck accident attorneys fight for your rights, protect your interests, and deliver the justice you deserve. We serve clients across Colorado’s Front Range and beyond, including Denver, Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora. Call us now and take the first step toward reclaiming your life.