Michigan Truck Accident Investigation

When a commercial truck causes a serious accident in Michigan, there are state and federal laws and regulations that apply that do not apply to other types of accidents. That’s why legal investigation into a truck accident personal injury or wrongful death case requires a lawyer to have experience and specialized knowledge of trucking laws and regulations. To help Michigan lawyers better handle truck crash cases, Michigan Auto Law has provided a wealth of information on the truck accident lawsuit.  
Truck accident cases begin with a legal investigation. The evidence-gathering process must start immediately, in order to preserve information vital to proving the case.

The preservation of evidence letter

Upon intake of a case involving a large truck accident, the plaintiff’s lawyer must immediately send a letter to all potential defendants to put them on notice to retain all records required by the Federal Motor Carrier Safety Administration regulation 385.8. These records are used by the motor carrier to verify the information on the driver’s record or log book concerning on- and off-duty status. They need to be preserved, especially since trucking companies are only required by law to maintain records of driver duty status for a period of six months from the date of receipt.

The scene of the crash

Visit the accident scene after the truck accident. It will have evidence that can be lost over time. Having knowledge of the scene allows the truck accident lawyer to appreciate the devastation and tragedy caused by a fatal truck crash. You may find items not listed on the police accident report, but these items add a touching human element to the case. For example, a pair of crushed glasses, a blood-soaked hat or a shredded stuffed animal that a child was holding before she was killed.   

1. Document the scene — Consider photographing or videotaping the crash scene. Get a qualified truck accident expert to the scene as soon as possible. Aerial photographs can be extremely helpful in giving a bird’s eye view and should be taken immediately to preserve evidence of the devastation. Visit Web sites that have aerial or satellite pictures of the area.
2. Interview witnesses — Interview everyone who was at the scene the day of the truck accident to determine who has knowledge about the crash and injuries. To ascertain who was at the scene, make a list of all of the names that appear on the accident and ambulance reports (including law enforcement), and interview them. In a semi-truck accident, it’s common to have officers from the state, city and county appear, even though it’s the state trooper who completes the report. If the accident occurred near a business, visit the business and speak with employees to see if they can provide additional information.

The truck

Truck accident attorneys must do a personal inspection of the truck. Keep in mind, a large commercial truck is a dangerous weapon.  This weapon caused the crash — all information available must be obtained about the truck. For example, bumper stickers that display a lack of concern for public safety should be captured for trial. Carefully examine the entire truck, checking under the seats, glove box, sleeper unit and in the back.

If you get the case in time, file a temporary restraining order (TRO) to prevent the defense from reviewing the truck, and altering or removing important evidence. If you get the case too late for this, and most likely a defense insurance team has already reviewed the truck, they may still have missed something. You will want to address the items that were in the truck at the time of the wreck to determine what has been moved or removed. You will need inspection reports, repair information, driver logs, maintenance logs and any other relevant information. Identify visibility issues; determine if there was lighting failure and inquire what computer and communications equipment was installed or attached.

To request a free, no obligation case evaluation with one of our Michigan truck accident attorneys, please fill out our contact form and we will respond to your inquiry within one business day. Or to speak to an attorney immediately, please call (800) 777-0028.