How to Properly Investigate a Truck Accident | NJ Truck Accident Lawyers

Truck accidents are among the most devastating incidents on New Jersey roads. Due to the size and weight of commercial trucks, collisions often result in severe injuries, extensive property damage, and even fatalities. If you or a loved one has been involved in a truck accident, understanding how to investigate the incident properly is critical to building a strong legal claim.

This guide will help you to understand the process and ensure your rights are protected.

Understanding a Truck Driver Investigation

Truck accidents are far more complex than typical car accidents. They often involve multiple parties, including truck drivers, trucking companies, maintenance providers, and even truck parts manufacturers. Determining fault requires a thorough investigation that goes beyond the surface-level details. In New Jersey, trucking companies and their insurers often have teams of lawyers and investigators working to minimize their liability. This makes it essential for victims to have skilled legal representation to level the playing field.

Under New Jersey law, trucking companies must comply with both state and federal regulations, including those set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover everything from driver qualifications and hours of service to vehicle maintenance and cargo securement. Violations of these rules can be critical evidence in proving negligence.

Steps of a Trucking Accident Investigation

A proper truck accident investigation involves several key steps. Each step is designed to uncover evidence supporting your claim and hold the responsible parties accountable. Here’s what a comprehensive investigation typically includes:

Preserving Evidence at the Scene

• Photographs and Videos: Capture images of the accident scene, vehicle damage, skid marks, road conditions, and any visible injuries.
  
• Witness Statements: Collect contact information and statements from anyone who witnessed the accident.
  
• Police Report: Obtain a copy of the police report, which may include initial findings about the cause of the crash.

Securing Electronic Data

• Electronic Logging Devices (ELDs): Federal law requires most commercial trucks to use ELDs to track driving hours. This data can reveal whether the driver was fatigued or violated hours-of-service rules.
  
• Black Box Data: Many trucks are equipped with electronic control modules (ECMs) that record speed, braking, and other critical information at the time of the accident.

Reviewing Maintenance and Inspection Records

• Vehicle Maintenance Logs: These records can show whether the truck was properly maintained or if mechanical failures contributed to the accident.
  
• Pre-Trip Inspection Reports: Drivers are required to inspect their vehicles before each trip. Failure to do so can indicate negligence.

Hiring Experts

• Accident Reconstruction Specialists: These experts use scientific methods to recreate the accident and determine how it occurred.
  
• Medical Experts: They can link your injuries directly to the accident and provide testimony about the long-term impact on your health.

Sending Spoliation Letters

• A spoliation letter is a legal notice sent to the trucking company and other parties, instructing them to preserve all evidence related to the accident. This is crucial because some companies may attempt to destroy or alter evidence to avoid liability.

Investigating Driver History

• Review the driver’s employment records, training history, and driving logs to identify any patterns of negligence or violations.

Wrong Ways to Investigate a Truck Accident

Every investigation is done differently, depending on the circumstances. Here are some common mistakes that can weaken your case:

• Relying Solely on the Police Report: While police reports can be helpful, they are not always admissible in court and may not provide a complete picture of what happened.
  
• Delaying the Investigation: Evidence can disappear quickly. Witnesses may forget details and electronic data can be overwritten. Acting promptly is essential.
  
• Failing to Preserve Evidence: Critical evidence, such as maintenance records or black box data, may be lost without a spoliation letter.
  
• Not Consulting Experts: Truck accident cases often require specialized knowledge. Without expert testimony, it can be difficult to prove negligence.

New Jersey Laws and Notable Cases

In New Jersey, the statute of limitations for personal injury claims, including truck accidents, is two years from the accident date (N.J.S.A. 2A:14-2). Failing to file a claim within this timeframe can result in losing your right to compensation.

Bardis v. First Trenton Insurance Co is a notable case highlighting the importance of thorough investigations. In this case, the court emphasized the need for plaintiffs to present clear and convincing evidence of negligence in truck accident claims. The case also underscored the role of expert testimony in establishing liability.

Get a Free Consultation from an Expert Truck Accident Lawyer

If you’ve been injured in a truck accident, don’t navigate the legal process alone. The team at Rosengard Law Group has the experience and resources to conduct a thorough investigation and build a strong case on your behalf. We understand the complexities of New Jersey truck accident laws and are committed to fighting for the compensation you deserve.

Call us now at (856) 284-6446 or visit our website to book a free consultation. We don’t charge any fees unless we win your case.