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Truck Accident Investigations: Who Is at Fault

Updated September 1, 2019 | By Wilson Kehoe Winingham staff

Accidents involving large commercial trucks, such as semis and tractor-trailers, are all too common on the nation’s roadways. According to the Federal Motor Carrier Safety Administration, there were more than 150,000 truck accidents in the United States in 2017, leading to more than 4,500 fatalities and 75,000 injuries.

After these accidents happen, investigations immediately take place and are often more complicated than other automobile accident investigations. It is important for you to have an attorney on your side to navigate the process of investigation and collect evidence for you.

Who Investigates Truck Accidents?

Other than local law enforcement services, there are several parties that investigate truck accidents.

Directly after an accident, the truck driver is responsible for contacting the trucking company. The company then immediately sends out a team of investigators to the accident scene. Depending on the severity of the accident, that team can include lawyers, experts, and interviewers.

Occasionally, state authorities also launch an investigation.

What Evidence Should Be Collected?

Part of your attorney’s job is to collect evidence. The types of evidence that are especially important to preserve after truck accidents include inspection reports, black box information, and high-tech devices.

Otherwise, depending on the specifics of the accident, investigations may include collecting evidence such as:

  • Cell phone data establishing whether the driver was using their phone at the time of the accident
  • Trip tickets, gas receipts, and other paper materials that reflect hours of service
  • Log books documenting the driver’s rest and driving times
  • Physical evidence at the scene such as skid marks
  • Driving history of the truck and trailer
  • Weigh-in documentation

Further research on the part of your legal team may include reviewing camera footage, interviewing witnesses and medical staff, and consulting with accident reconstruction experts.

Who Is at Fault in Truck Accidents?

Determining who should be held responsible for a truck accident is complicated because there are so many parties at play, multiple of which could be held responsible. Those parties include:

  • Truck driver
  • Employer of the truck driver
  • Owner of the truck
  • Owner of the trailer
  • Trucking company leasing the vehicle
  • Truck and truck part manufacturers
  • Freight shippers
  • Loading company
  • Manufacturer of cargo materials
  • Contractors
  • Insurance companies

Just like in any other accident case, a negligent party must be identified. Your legal team can help you establish who was liable for the accident.

Contact a Truck Accident Attorney Today

If you or a loved one have been injured as a result of a truck accident, contact the Indianapolis Truck Accident Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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Let WKW put our experience to work for you. Contact us for your free case evaluation.


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