Colorado truck accidents can have catastrophic consequences, leaving victims and their families with life-changing injuries, trauma, and significant financial concerns. Colorado truck accidents can result in significant damage and serious injuries because of the massive size and sheer weight of commercial trucks. Our Colorado truck accident attorneys believe a thorough investigation is necessary to determine liability. In this article, our Colorado truck accident attorneys discuss truck accident investigations, critical pieces of evidence, and the roles of agencies in identifying fault. Understanding how these investigations work is important for both accountability and safety on the roads.
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. The FMCSA enforces safety regulations and develops strategies that target high-risk carriers and drivers, including the following:
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 example, 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 trucks 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 mechanical issues. Every commercial vehicle requires periodic inspections once every 12 months.
Driver Qualifications and Training: The FMCSA establishes standards for driver qualifications and training. 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. This program aims to remove drivers impaired by drugs or alcohol from the road.
Training for Hazardous Materials Transportation: The FMCSA mandates drivers who transport hazardous materials must receive specialized training.
Investigating Colorado Truck Accidents
Several parties may collaboratively or independently investigate a truck accident depending on the circumstances, severity, and location of the crash. The investigation after a Colorado truck accident may involve multiple organizations:
Local Law Enforcement: Local police departments typically respond. They secure the crash site, provide emergency assistance, and conduct a preliminary investigation. Stemming from this investigation, local police departments issue citations if a driver violated traffic laws.
State Law Enforcement: The Colorado State Patrol may respond to the scene if the collision occurred 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. Relatedly, the National Transportation Safety Board may investigate fatal truck accidents when the organization has public safety concerns.
Insurance Companies: The insurance companies 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.
Attorneys: If a lawsuit is filed, lawyers will conduct separate investigations to identify liability and losses.
Occupational Safety and Health Administration: 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: Environmental protection agencies may investigate the effects on the environment when hazardous materials are involved.
Investigators of Colorado truck accidents examine several factors to determine the cause of the accident. The following are the common aspects that investigators center on:
Driver Factors: Investigators examine if the driver was under the influence, fatigued, distracted, speeding, or driving without a license. Investigators look into the medical history to determine if a health issue was a factor.
Vehicle Defects: Investigators also evaluate mechanical failure, such as brake problems. They examine black box data, maintenance records, and cargo limit and securement.
Road and Weather Conditions: Investigators assess whether road hazards contributed to the collision. Investigators also analyze weather conditions as a cause.
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.
The investigation process after a Colorado truck accident 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 secure the area and provide medical assistance.
Law Enforcement Investigation: Police collect statements from witnesses and other involved motorists. Police officers also 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 electronic logging device, or ELD, to determine if the driver followed the hours of service regulations. They examine the commercial driver’s license of the trucker, as well as training and safety records.
Truck Inspection: Investigators inspect the Event Data Recorder to analyze speed, movements, and driver’s actions before the accident. They also check for mechanical issues and cargo compliance.
Accident Reconstruction: Investigators analyze the physical evidence and create a reconstruction of the accident to determine fault.
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.
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.
Evidence From a Colorado Truck Accident
Several types of evidence are crucial in investigating Colorado truck accidents.
Physical Evidence: includes skid marks, debris, damage patterns, road situations, and weather conditions at the time of the crash.
Photos and Videos: includes photos of the scene, dashboard camera footage, traffic camera recordings, and other nearby surveillance camera videos.
Driver-Related Evidence: include logbooks, medical records, drug test results, cell phone records, and qualification file of the truck driver.
Vehicle-Related Evidence: include maintenance records of the truck, inspection reports, documentation of load securement, and bills of lading.
Event Data Recorders (“EDR”): One of the most useful tools in truck accident investigations is 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, safety policies and procedures of the company, and hiring practices documentation.
Expert Analysis: It consists of accident reconstruction reports, engineering assessments, and medical expert evaluations and opinions.
Regulatory Compliance Documentation: includes the truck driver’s hours of service, registration and insurance information, and the company’s compliance with the FMSCA.
Bowman Law: Specializing in Colorado Truck Accidents
At Bowman Law, we recognize the profound impact a personal injury can have on your life. Our Colorado personal injury lawyers understand the overwhelming challenges you may be facing. Do not go at it alone. Let us help. Our team of Colorado truck accident attorneys provide compassionate, personalized 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.
If you or a loved one has been injured due to someone else’s negligence, do not face the challenges alone. Please send us a message or call us at 720-863-6904 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 Colorado 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.
Jerry Bowman
Owner and Managing Attorney
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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