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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.
The Colorado truck accident attorneys at Bowman Law believe a thorough investigation is necessary following a truck accident to determine liability. In this article, we will discuss the key steps in a truck accident investigation, 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.
Overview of the FMCSA
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 safety and truck 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, and drivers are required to perform post-trip inspections to identify and resolve any potential mechanical issues. Every commercial vehicle, including each segment of a combination 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, such as:
Local Law Enforcement: Generally, local police departments respond to truck accidents. They secure the crash site, provide emergency assistance, and conduct a preliminary investigation. They also issue citations if any drivers involved violated traffic laws.
State Law Enforcement: The Colorado State Patrol may respond to the scene, especially if the collision occurs on highways or state roads. 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. Another agency that may investigate is the National Transportation Safety Board, which focuses on high-profile or fatal accidents involving trucks, especially those concerning public safety.
Insurance Companies: The insurance companies for both the trucking company and other parties conduct independent investigations to determine liability and evaluate damages.
Accident Reconstruction Experts: Law enforcement, insurance companies, or attorneys may appoint accident reconstruction experts to recreate the events leading to the crash.
Attorneys: If a lawsuit is filed, lawyers of the plaintiffs and the defendants will conduct separate investigations to identify liability and losses.
Occupational Safety and Health Administration or OSHA: OSHA may get involved if the truck crash causes the death or serious injury of a worker and if there are safety violations involved.
Environmental Agencies: If hazardous materials are involved in 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 truck accidents in Colorado examine several factors to determine the cause of the accident, establish liability, and check if laws and regulations were followed. The following are the common aspects that investigators center on:
Driver Factors: Investigators examine if the driver of the truck was under the influence, fatigued, distracted, speeding, or driving without a license or proper training when the crash took place. They also look into the medical history or records of the trucker to determine if a health issue was a factor in the crash.
Vehicle Defects: Investigators search for signs of mechanical failure, such as brake problems, tire blowouts, or steering issues. 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 of the commercial vehicle. They also inspect whether the truck was carrying hazardous materials or equipped with required safety devices when the accident occurred.
Accident Scene Evidence: Investigators look for skid marks and debris, gather information from witness statements, and review photos or video footage to reconstruct how the crash happened.
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.
Colorado Truck Accident Investigation Process
The truck accident investigation process is a thorough procedure involving multiple steps to determine the cause of the collision, identify any regulatory violations, and establish liability. The key steps in the investigation process include:
Securing the Scene: First responders like law enforcement and emergency medical services secure the area, provide medical assistance, and prevent further accidents.
Law Enforcement Investigation: Police collect statements from witnesses and carry out preliminary interviews of the truck driver and other involved motorists. Officers also conduct sobriety tests if necessary.
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 or electronic logging device, or ELD, to determine if the driver followed 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 Event Data Recorder (EDR) or black box of the truck to analyze the speed and movements of the commercial vehicle and the driver’s actions 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 and inspection records, licensure and endorsements for the driver, 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: Official reports are filed, and potential lawsuits may ensue.
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:
Vehicle Speed
Severity of Accident
Seat Belt Status
Tire Pressure
Brake Switch Status
Cruise Control Status
Engine Throttle Percentage
Traction Control Button
Gear Position
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 and procedures of the truck company, and their hiring practices documentation.
Expert Analysis: It consists of accident reconstruction reports, engineering assessments, and medical expert evaluations and opinions.
Regulatory Compliance Documentation: This proof includes the truck driver’s hours of service logs, vehicle registration and insurance information, and the company’s compliance with Federal Motor Carrier Safety Regulations.
Contact our Colorado Truck Accident Lawyers
At Bowman Law, our Colorado truck accident lawyers specialize in advocating for individuals who have been significantly impacted by truck accident cases in Colorado. We recognize the physical, emotional, psychological, and financial challenges victims face in the aftermath of such collisions. Our legal team is skilled in navigating the complexities of the truck accident investigation process and holding negligent truck drivers and companies accountable to get justice for our clients.
Our Colorado truck accident lawyers will walk you through your options, help you understand your case, and obtain the compensation you deserve for your injuries and other losses. Contact us at 720-863-6904 for a free case evaluation and let us assist you. We will guide you throughout the process, fight for your legal rights, and work tirelessly to pursue the maximum settlement you need to recover and move forward.
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
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