Investigation Procedures
The initial investigation is crucial to effectively representing the victims of a commercial vehicle wreck. The investigation allows you to identify possible defendants, identify all theories of liability, secure evidence, and locate all witnesses. No aspects of the investigation are more time sensitive than the vehicle and scene investigation. You are guaranteed that the trucking company's insurance investigator will be on the scene and in control of their vehicle within a matter of hours after the wreck. You must be prepared to begin immediately in order to gather as many facts and as much evidence as are available. If you do not act immediately, evidence may disappear. An improper investigation that does not properly identify and preserve all evidence can be devastating to a victim's case. We regularly examine the following items when conducting our initial investigation.
- The Commercial Vehicle
Even before you investigate the scene of the wreck, locate and inspect the commercial vehicle. Remember, the commercial vehicle can disappear but the roadway will remain. Make detailed photographs and videos of the vehicle in order to memorialize the accident condition of the interior, exterior and components of the vehicle.
Interior of the Tractor
Look for documents that can be used to verify the drivers logs books. Look for things like: Bills of Lading, Border Crossing Reports, Waybills, Cash Advance Receipts, Fuel, Credit & Debit Card Receipts & Statements, Customs Declarations, Delivery Receipts, Dispatch & Assignment Records, Driver Reports, Expense Vouchers, Freight Bills, Fuel Billing Statements, Fuel Receipts, Gate Receipts, Inspection Reports, Invoices, Delivery Manifests, Interchange Reports, Leases, Rental Receipts and Agreements, Lessor Settlement Sheets, Equipment Purchase Receipts, Lodging Receipts, Expense Sheets, On-board Computer Reports, Over/short & Damage Reports, Overweight/oversize reports and citations, State entry and departure records, Ports of entry receipts, Telephone billing statements, Toll receipts, Traffic citations, Transponder receipts, Trip permits, Trip envelopes, Trip reports and summaries, Weight/scale tickets log books, Bills of Lading, etc. These documents are irrefutable evidence that can put the driver at a particular place at a particular time. Additionally, a lease that must be kept in the leased vehicle during the entirety of the term of the lease will provide the name of potential defendants.
Look for documents such as paychecks, payroll records and itemized settlements pertaining to the driver. These documents can be used for two important reasons: (1) to show that the carrier aided and abetted the driver to violate the FMCSR; and (2) to show hours of service violations. First, most drivers are paid by the mile. Therefore, the payroll records should be consistent with the correlating logs. If they are not, it is very likely that the driver is keeping two sets of log books: one that he shows to an enforcement officer and one that is turned in to the company. This cannot happen without the companies knowledge unless they are turning a blind eye. Second, on duty time includes "performing any compensated work for a person who is not a motor carrier."§ 395.2. Since a lot of drivers have second jobs, documents evidencing time spent at these jobs can be used to show that the driver was in violation of the hours of service limitations.
Other things to look for in the interior of the tractor include: the overall condition of the cab, defects on the windshield (393.60), adaptor ports, "CB" radios, police scanners, evidence of radar detectors (392.71), onboard data devices, electronic communication and tracking devices, evidence of use of alcohol, drugs and other illegal stimulant drugs, hazard warning devices (392.22), tools and brake adjustment devices (396.25), and the mirror positions (393.80), etc.
The Interior of a Box Trailer
If the contents are still in the trailer, determine whether they are properly secured. § 392.9. If the contents are not still in the trailer, look for evidence of load falling or shifting due to improper securing systems. § 392.9.
Exterior of the Tractor and Trailer
As you move to the outside of the vehicle, there are certain items that need to be photographed. The following is a list of equipment and criteria that make the equipment defective.
You simply must photograph every inch of the tractor and trailer. The items that you must pay attention to include:
Brake System. You must photograph all brakes, which means that your investigator must crawl underneath the commercial vehicle. Remember, all wheels must have brakes. Look for signs of defective brakes. You must examine: the Steering Axle Brakes, Parking Brakes, Brake Drums or Rotors (Discs), Brake Hoses, Brake Tubing, Air Reservoir, Air Compressor. In general, you look for the absence of effective braking action upon application, missing or broken mechanical components, loose brake components, audible air leaks at the brake drum or in hoses, improper brake adjustments, evidence of oil seepage into or out of the brake lining/drum interface area, thin brake pads, inoperative brake, cracks on the drums, bulging/swelling hoses when air pressure is applied, and air hoses cracked, broken, or crimped in such a manner as to restrict air flow.
Coupling Devices. All coupling devices should be inspected and photographed in detail. These items include: Fifth Wheels (Lower and Upper Coupler Assembly), Pintle Hooks, Draw-bar Eye, Drawbar/Tongue, Safety Devices, and Saddle Mounts. In general, you look for missing or broken mechanical components, weld repairs, loose components, ineffective fasteners and insecure latches, leaking air on hydraulic cylinders, hoses, or chambers, missing safety devices, improper repairs to chains and hooks including welding, wire, small bolts, rope and tape.
Frame. The frame should be inspected and photographed in detail. Your inspection of the frame should include: the Frame Member, Tire and Wheel Clearance, and Adjustable Axles. In general, you look for: cracked, loose, sagging, or broken frame; conditions, including loading, that causes the body or frame to be in contact with a tire or any part of the wheel assemblies; and missing, broken or ineffective locking pins on Adjustable Axles.
Headlamps, Tail Lamps, Lamps on Projecting Loads, Stop Lamps and Turn Signals. All lights should be inspected and photographed. In general, you look for: inoperable lights; whether tail lamp and lamps on projecting loads are visible from 500 feet; whether the turn signals are visible on each side of the rear of a vehicle.
Loading/Tie-Downs. Inspect and photograph the load and load securing devices. In general, you look for: whether the load, cargo or equipment is loose or can fall; whether the securement devices meet the aggregate working load limit; whether the securement devices have evidence of damage; defective or loose securement devices; and defective or loose anchor points.
Steering Mechanism. All Steering Mechanism devices should be inspected and photographed in detail. These items include: Steering Wheel, Steering Column, Front Axle Beam, Steering Gear Box, Pitman Arm, Power Steering, Ball and Socket Joints, Tie Rods and Drag Links, Nuts, Steering System, and C-Dolly. In general, you look for: excessive play in the steering wheel; missing or broken mechanical components; weld repairs; loose components; bolts loose or missing; and any condition that interferes with free movement of any steering component.
Suspension. All Suspension components should be inspected and photographed in detail. These items include: Axle Parts, Spring Assembly, and Composite Springs. In general, you look for: cracked, broken, loose, or missing parts; and any condition that could result in contact with a tire, rim, brake drum, or frame.
Tires. You simply must photograph all tires. Look for signs that make the tires defective. In general, you look for: insufficient tread depth, exposed ply cord; cut or damage to side wall; labeled "Not For Highway Use"; carrying other markings which would exclude use on steering axles; visually observable bump, bulge, or knot apparently related to tread or sidewall separation; flat tire not related to the wreck; tire contacting any part of the vehicle;
Wheels, Rims, and Hubs. Inspect and photograph the Wheels, Rims and Hubs. In general, you look for: bent, broken and cracked components; loose, missing, stripped, or ineffective fastener; weld repairs; and signs of smoking from wheel hub assembly due to bearing failure.
Windshield Wipers. Show whether the vehicle has an inoperative wiper or missing or damaged parts that render it ineffective on the driver's side.
Vehicle Identifications. Inspect and photograph the following vehicle identification items when inspecting the outside of the vehicle: The VIN number; manufacturers specification plates (which will list the interior and exterior size; weight; recommended payload, and the recommended tire pressure hot and cold) as well as other important manufacturer specifications are located on plaques and stickers affixed to this panel; DOT and ICC numbers, unit number, vin number, plate numbers, all exterior markings, company names, slogans, decals, logos, inspection stickers, state licensing stickers, and the like. Unit, plate, and vin numbers are very helpful in determining if you are being shown the correct vehicle. Be certain these numbers match the accident report.
Engine. Look for identification or model numbers so you can verify what information the electronic components on the engine might yield. Data recording devices will be discussed in a following section.
General Damage. Various items to photograph on the exterior of a commercial vehicle include paint transfer, scuffing and scraping marks on bumpers and wheels. The height of these items should be measured from the ground.
Reflective Material. Photograph these especially for night collisions.
Rear Guards. Photograph these especially in wrecks where your client rear-ended the commercial vehicle.
Cosmetic Enhancements. Photograph any cosmetic enhancements. These can prove to be a valuable theme for your case.
The Wreck Scene
The scene investigation should begin by documenting the scene as it appears when you arrive. Take as many photographs as is possible
When photographing the scene, pay particular attention to: (1) skid marks; (2) skip skids(which can be evidence of but not limited to poor brakes, poor suspension, a bobtail unit, or light-load or unloaded trailer), (3) acceleration marks, crook marks (abrupt direction change); (4) gouges and metal scars (which help determine the point of impact); AND (5) yaw marks (marks made by simultaneous slipping and rotating). All of these items should be measured as they are photographed. This evidence paints a picture of what happened in the collision: skids and metal scars tell you where vehicles were coming from and where they collided; only metal scars and no skids tell you somebody did not see the problem or react in time to prevent the collision, etc. You do not have to immediately understand what all the debris and marks mean. This evidence may prove an essential part of an accident reconstructionists ability to form an opinion.
Also pay attention to other physical evidence at the scene. Do not forget to look for fluids, evidence of burning, or cargo at the scene. This evidence may be used to determine direction and speed. A directional spill of cargo can be used to identify the direction of the carrying vehicle and steering maneuvers of the driver. It can also be used to determine the location of vehicles. A collection of fluid in one spot is usually where a vehicle came to rest; burn marks are generally on the roadway. These types of physical evidence will diminish with time, weather and can be paved over. They may not be present when a reconstructionist visits the scene.
The distinctive attributes of the roadway and the surrounding area are part of the physical evidence at the scene. These characteristics include the shape of the roadway (sight lines), signs, traffic control devices, lighting, damage to buildings, guard rails, poles, vegetation or other non-vehicle items. Photographs of the approach to the scene should be taken at measured distances. If possible, a second set of photographs and video should be taken at the same time as the wreck and in similar weather conditions. Satellite and aerial photographs can be useful. All photographs and video should be cataloged as to date and time taken, direction of view, distances, or any other pertinent information. This is easily accomplished by the investigator drafting a scene diagram on which he identifies the location of all photographs as they are taken.
Any evidence that is not permanently affixed to the wreck scene should be photographed, identified on the diagram, bagged and cataloged. The investigator should canvas the wreck scene out to 100 yards in order to locate possible evidence that was hidden or thrown away. Some great evidence of the driver's behavior and whereabouts can be found around the scene. Detailed photographs of the exact location of the evidence must be taken.
As you advance from the scene, start canvassing the businesses and homes in the area of the wreck in order to locate possible witnesses. People in and around the area will know who has been talking about the accident and whether they saw anything. When canvassing the area identify any camera that may have recorded the wreck or events surrounding it. Banks, ATMs, convenience stores, grocery stores, strip malls and warehouse generally all have security cameras.
Witnesses
Contact any witnesses that have already been identified. If possible, all witnesses should be interviewed at the scene prior to taking a statement. Get as much personal information as you can so you can find them later. Be prepared to record the statement with audio and/or video. You can be sure the defense is prepared to do this.
Tow Truck Personnel are one of your best sources of post-accident information. Particular attention should be paid to statements made by the commercial driver that could shed light on his immediate post accident actions, remarks, and admissions. Oftentimes, commercial drivers confide information in the tow truck driver because they are considered to be one of their own. They can also identify the final resting locations of the vehicles.
Investigating law enforcement officers should be contacted immediately to be informed that you are working on the case. If it is possible, then the lead investigators should be interviewed at the scene. Often different departments within one agency will investigate the wreck. Additionally, different law enforcement agencies will assist the primary investigators. Therefore, the investigator should obtain a complete list of all law enforcement personnel and departments investigating the wreck, as well as those assisting at the scene. The assisting law enforcement officers should also be interviewed. If witnesses or parties gave recorded or videoed statements, notify law enforcement authorities immediately of your desire to obtain a copy. Send an official letter requesting that the tapes be preserved. Official investigation documents should be obtained directly from the investigating officers or from the appropriate agencies. Remember, multiple departments and agencies may be working a scene. The State Office of Motor Carrier Compliance, Department of Public Safety, Highway Patrol, County and Municipal law enforcement, State DOT, Traffic Homicide, Hit and Run section, Highway Department, and Motor Carrier Safety Units are just some of the possibilities. Thorough investigation will help guard against law enforcement misconduct in their investigation and interviewing. Their report is only a part of the investigation. It is not the verified, authentic truth. Every agency that comes out will have some kind of documentation.
Other important official contributors that need to be interviewed are the emergency medical personnel . They are generally the first official looking individuals to speak to the driver and the driver will often make statements about the wreck. They make reports and sometimes take photos (personal and professional).
The local media should be contacted in order to ascertain whether they have or are working on a press release of the wreck. Their photos and video could be crucial for identification of persons and agencies at the scene. In addition, casual factors after the accident that you can document, and verify in a deposition later, might show up in their photos and video.