Truck Driver Accident Procedures – 10 Steps That Should Be Taken

What a Victim of A Trucking Accident Should Do Directly After The Accident.

10 Steps To Take Right After You have Been In a Trucking Accident. 

It’s important to know about truck driver accident procedures. Accidents involving large commercial trucks, often referred to as a trucking accident, lead to huge injuries and loss of life. The sheer size, weight, and speeds at which these semi-truck accidents occur leads to correspondingly large harm to persons and property. The litigation surrounding them is also larger, more complex, than your car accident case. So, these trucking accident cases involve large corporations, complex contract matters, discovery, insurance companies, and federal and state laws.

In the context of Truck Driver Accident Procedures, gaining knowledge about the laws and cases pertaining to such accidents is essential. This understanding equips you to make informed decisions regarding your course of action following your involvement in a trucking accident.

The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who lack knowledge about truck driver accident procedures and have been in a trucking accident. Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call.  You can contact us for a free consultation, or read on to find out more.

In addition to assisting with Truck Driver Accident Procedures, we understand the importance of addressing other concerns that may be causing you distress, such as securing a rental car promptly and finding a nearby doctor who can provide the necessary medical assistance. We recognize that even the most skilled legal team cannot fully support you if your quality of life is compromised during the pursuit of justice and compensation. Our goal as attorneys is to restore your quality of life, both in the short term as your trusted advocates and in the long term as your dedicated legal representatives. With our extensive knowledge of the local Phoenix courts, we are confident in our ability to help you achieve the optimal settlement.

1. What Is Different About Trucking Accident From Other Auto Accidents?

Trucking Accidents Differ from Other Car Accidents – Here Are the Reasons Why. 

In the realm of truck driver accident procedures, a common occurrence in auto accidents is the rear-end fender bender. It only takes a momentary lapse of attention, fatigue, or a heavy foot on the pedal for the vehicle behind or beside you to collide with yours. However, when these seemingly minor risks involve large semi-trucks traveling at highway speeds, the consequences often include loss of life and severe injuries. Understanding and following proper truck driver accident procedures are crucial in such cases to ensure legal and safety measures are appropriately addressed.

Auto accidents involving commercial trucks and tractor trailers differ from the more common roadway incidents in a number of ways. Commercial trucking companies are subject to federal regulations for safety as well as state rules of the road. Accidents with a large semi-truck and trailer often lead to much more severe injuries and death than the typical rear-ending accident, especially because they often occur at highway speeds.

Hence, trucking accidents often involve more complex litigation, due to discovery needs, special insurance held by trucking companies, and the number of parties potentially involved.

2. Do You Know The Laws That Apply to Trucking Accident Cases?

The Law of Semi-truck Accidents – What You Need to Know About Federal Laws 

A. The Federal Motor Carrier Safety Administration

Commercial trucks, semi-trucks, and tractor trailers are all required to follow higher standards of safety than other types of vehicles. If they carry goods between states, or restricted goods, or the vehicle requires a commercial driver’s license (CDL) to operate, they are governed by the Federal Motor Carrier Safety Administration (FMCSA) rules. The FMCSA has requirements above and beyond those created by the state of Arizona.

3. What Are The Most Common Trucking Accidents?

The Hazards of Semi-truck Accidents: Over-the-road Drivers and Long-haul Truckers

Trucking accidents often stem from common causes such as fatigue, inadequate maintenance, and overloading. To ensure safety and compliance, trucking companies are mandated by the FMCSA to maintain accurate records of various factors, including hours worked, miles traveled, and rest time. Additionally, they must keep logs documenting brake, tire, and engine maintenance. It is crucial to follow proper truck driver accident procedures, as a semi-truck can weigh up to 25 times more than an average car. When overloaded, the risk of accidents involving these 40-ton vehicles significantly increases. In contrast, an average passenger car weighs approximately one and a half tons. Understanding and adhering to truck driver accident procedures are essential for addressing these risks and promoting safety on the road.

These laws and any violations thereof may serve as powerful evidence in your case if your trucking accident attorney can show that they are causally linked to the accident that caused your injuries.

4. Who Investigates A Trucking Accident?

 The Legal Investigation After Semi-truck Accidents

Like every state, Arizona has created laws that dictate driver behavior on its roads. These regulations are created to make the roads safe for everyone who uses them. Violation of these laws is not only a crime but may serve as decisive evidence in a negligence claim against the truck driver and his company. Even if your suit is brought in federal court, choice of law will likely favor applying Arizona laws.

Truck drivers, like any other driver, are subject to the same traffic laws, including regulations concerning speeding, improper lane changes, and failure to signal. When truck drivers violate these laws, it can serve as compelling evidence of negligence. Following proper truck driver accident procedures is vital in addressing such instances of negligence and ensuring that appropriate legal measures are taken.

5. What Are the Most Important Facts In a Trucking Accident Case?

This list is exhaustive and each case is different, but these are crucial points:

• Should obtain the police report  from the investigating agency.
• You should check the citation status and outcome.
• Should obtain the maps of the area, such as aerial photographs and Google Earth images. It is further important to understand the roadway area before visiting the scene of the incident.
• Should obtain the news of the accident, such as newspaper article outlines of all news broadcasts covering the accident together with order recordings of all news broadcasts and other sources including witnesses, photos, and footage wherever possible.
• An investigator may have the right to obtain witness statements, especially of those persons who have been identified in news reports but not in the police report.
• Online resources can provide invaluable information. Use of online sources, such as carrier website, corporation commission file (incorporation date, annual reports), public company (annual reports), and governmental and organization sources. Online sites such as FMCSA, SAFER, American Trucking Associations, Heavy Duty Trucking, Truck Accidents, CSA, and Passenger Carrier and Bus Safety can provide much-needed background into the driver, their motor carrier’s background, and driving records. Search of industry websites like The Truckers Report should be made on Google as well.

An investigation of the driver should be done as well, and these are points to consider:

• Home address of the driver and his route issues.
• Driving records of the driver from all states where he is licensed.
• A background check on the driver.
• Every truck driver is compulsorily required to undergo DOT medical examination.
• Physical qualifications required for a motor carrier driver is provided by the FMCSA.
• Reasons for lack of physical qualification is provided.
• Examination results at the scene of the accident of the driver must be recorded.
• Fatigue-related issues, eyesight, and blood pressure of motor carrier driver should be looked into.
• Medication used by motor carrier driver should be checked. For example, diabetes can lead to fatigue, sleep disorders (apnea), chronic back pain/pain killers, depression can cause fatigue, and medications can also lead to drowsiness.

5. How Do You Get The DMV Records of the Truck Driver After a Trucking Accident?

Conduct An Evaluation of the Semi-truck and Tractor Trailer from the DMV Records:

• Initial investigation should be carried out for the tractor in the following ways:
• Make, model, and year of manufacture
• Mileage
• Engine size and type
• Gross weight
• Tire size
• Wheelbase
• The axle/differential ratios
• Transmission specifications
• Braking system / Jake Brake
• If there is a governor then the limits of the governor
• Recording devices such as GPS, ECM, EDR, automated log system, or any other
• Email availability
• Any customizations

Initial investigation of a trailer will include the following:

• Make
• Model
• Date of manufacture
• Weight/height/length
• Empty weight/gross weight at the time of the accident
• Braking system
• Tire size
• Axle location
• Braking system

Once an exhaustive examination of the documentation has been done, a physical exam is also necessary. The following tips will provide insight into the how, what, and why this semi-truck accident occurred.

6. Should You Have A Physical Evaluation of a Trucking Accident Done?

The answer is yes and you want to do it right away. The trucking company’s risk management team will be on the scene immediately to mitigate any incriminating evidence. You need to make the same strategic steps. In order to evaluate the semi-truck accident properly, check the following steps:

• When it comes to truck driver accident procedures, it is crucial to promptly retain the services of an investigator who possesses expertise in law enforcement and accident investigation. Additionally, engaging the assistance of an accident reconstructionist with specialized knowledge in trucking accidents and a motor carrier regulation/safety expert is equally important. These professionals play a vital role in thoroughly investigating the accident and ensuring that proper truck driver accident procedures are followed.
• You can also engage the services of a road design expert and a human factors expert.

Semi-truck Accident Scene Investigation

You should conduct the investigation of the semi-truck accident scene in the following manner:

• You should arrange the investigation of the scene of the accident on the same day of the accident and in the same night, in case of a night accident.
• Investigator, reconstructionist, and a representative of the motor carrier should also visit the scene of the accident on the day of the accident.
• The investigator should take photographs from multiple perspectives including distant views. If possible, a fair and accurate videotape recording reproducing driver’s view from the same type of truck as involved in the accident should also be taken.
• Checking of police measurements is necessary.
• Examination of roadway/signage for potential roadway issues should be completed in order to anticipate potential government non-party at-fault defense. In the event of a state or government, a 180-day claim period and the one-year statute of limitations should be noted in cases where a government entity is implicated.
• The investigator should take possession of any remaining physical evidence.

Your Vehicle/Other Vehicles in a Semi-truck Accident

Evidence that needs to be collected from the victim’s vehicle and the other vehicles involved in the accident are as follows:

• Should secure your vehicle/other vehicles by purchasing or storing them if necessary.
• The investigators and accident reconstructionist should arrange for examination of the vehicle, including photographs and measurements.
• Should collect the repair and service history of the vehicle from the client.
• Should conduct an examination of the vehicle by consultants of other vehicles in an accident.

Investigation of Motor Carrier/ Driver/ Tractor/ Trailer

Looking into the driver and his or her company also will provide plenty of important information:

• Focus should be on determining whether the vehicle is a motor carrier or not.
• If the vehicle is a motor carrier, determination of whether it’s a common, contract, private, or exempt motor carrier should be made.
• Geographic areas of operation and weight of the vehicle are ascertained in the sense that if it’s an interstate vehicle, FMCS regulations along with state regulations apply, and in case of intrastate vehicle, only state regulations apply.

7. How Do You Prepare Your Case for Trial in a Trucking Accident

After the collection of all relevant evidence through proper truck driver accident procedures, you and your attorney will gain a comprehensive understanding of the accident’s cause, the parties accountable for the incident, and the injuries sustained by you and/or your loved ones. This knowledge serves as a catalyst for taking the next step, which typically involves initiating a truck driver accident procedures lawsuit to seek legal recourse for the damages incurred.

In truck driver accident procedures, to seek compensation, it is essential to establish that either the driver, or the company, or borth were negligent and that their negligence directly caused your injuries and damages. Negligence, which is further explained in other sections, refers to unintentional actions that result in harm. To successfully pursue a negligence claim in truck driver accident procedures, you must prove the following four elements:

1. The existence of a duty of care on the part of the defendant.
2. The defendant’s breach of that duty (failure to exercise care).
3. Causation (that the failure led to an injury).
4. Damages (that there was an actual injury from which you were suffering).

In the context of truck driver accident procedures, it is the responsibility of all road users, whether they are cyclists, drivers, or pedestrians, to exercise a duty of care towards others. Compliance with safety laws, such as traffic regulations, can explicitly establish a specific duty of care. Therefore, accidents resulting from speeding are often considered negligent per se. However, truck drivers have additional obligations, including adhering to FMCSA regulations and taking reasonable actions and precautions expected of a prudent truck driver while operating their vehicle. These heightened duties are essential in truck driver accident procedures to ensure the safety and well-being of all road users.

8. How Do You Prove Your Semi-truck Accident Lawsuit?

To seek compensation for your injuries in truck driver accident procedures, it is necessary to establish the driver, company, or both were negligent. A straightforward approach to proving negligence is by demonstrating that the driver or company violated a law, which courts interpret as a safety regulation. Many traffic laws fall within this category. In essence, if the driver who collided with you was issued a citation by the police or highway patrol, it serves as evidence of negligence in truck driver accident procedures.

In the realm of truck driver accident procedures, if there is no evidence of a violation of safety regulations, your trucking accident attorney will strive to establish that the driver or company acted negligently by failing to exercise reasonable care, resulting in physical injuries and property damage. This claim relies on four essential elements: duty, breach, causation, and damages. Truck drivers have a duty to operate their vehicles safely, while their companies bear the responsibility of ensuring responsible vehicle maintenance to prevent accidents. These elements are crucial in truck driver accident procedures to support your case for compensation.

The 4 Steps Needed in Proving Your Semi-truck Accident Case

The first step is negligence. Negligence is provable a number of ways that vary from case to case. For example, if the driver fell asleep at the wheel, you may be able to show it by a rest schedule that doesn’t conform to the FMCSA requirements. The inspection of the vehicles may turn up negligently maintained engines or brakes.

The importance of conducting extensive investigation, research, and discovery at the beginning of your case is attributed to this crucial element. By establishing causation in accordance with the truck driver accident procedures, you effectively demonstrate the fault of both the commercial trucking driver and the company.

Once your trucking accident attorney identifies one or more breaches of duty in accordance with the truck driver accident procedures, their task is to present an argument to the jury, demonstrating that these breaches directly caused the accident. The level of difficulty in establishing causation varies depending on the circumstances. For instance, it is relatively straightforward to establish a causal link between a failure to maintain a proper rest schedule for drivers and a driver falling asleep at the wheel, resulting in an accident, as outlined in the truck driver accident procedures. On the other hand, proving that slightly over-worn brake pads caused an accident may pose more challenges in terms of establishing causation, in line with the truck driver accident procedures.

Once the other elements have been established in accordance with the truck driver accident procedures, proving damages, unfortunately, tends to be relatively straightforward. The jury will take into account various factors, such as hospital bills, property expenses, and the extent of pain and suffering, in line with the truck driver accident procedures.

Just the Facts: Securing Evidence During Your Semi-truck Accident Lawsuit

Your attorney will take prompt action, following the truck driver accident procedures, to swiftly obtain the accident report from the police, enlist the services of investigators and accident reconstructionists, and gather any publicly available information and witness statements regarding the accident. Similarly, the attorneys and insurance claim specialists involved will also work diligently to secure all relevant information. You can expect to undergo a comprehensive inquiry regarding the incident, and the vehicle involved in the accident will be preserved and thoroughly examined, in accordance with the truck driver accident procedures.

Your attorney will investigate, and hire investigators, to review:

1. the scene of the accident
2. drivers involved
3. the vehicles involved;
4. official reports (police, etc.)
5. the motor carrier company (and its insurers)

These investigations, as part of the truck driver accident procedures, involve capturing photographs of accident scenes and vehicles for the purpose of reconstruction. They also entail obtaining vehicle history reports, conducting depositions (recorded legal interviews for evidentiary purposes), conducting background research on the carrier and driver, and gathering information about the truck’s make, model, and mileage. While these tasks may be time-consuming, burdensome, and costly, they are indispensable steps in achieving a favorable outcome in your case, in accordance with the truck driver accident procedures.

Throughout your case, it is likely that you will uncover additional valuable information to support your position. What sets a semi-truck accident case apart is the examination of both the qualifications of the drivers and the actions of their motor carrier employers, as outlined in the truck driver accident procedures. The following factual scenarios should be thoroughly reviewed and considered as part of your case, in accordance with the truck driver accident procedures.

Hours of Service: Did Fatigue Play a Role in Your Semi-truck Accident?

Hours of service in case of a motor carrier driver is important owing to the following reasons:

• One frequent cause of accidents is fatigue.
• Federal requirements for rest have changed as of 2013.
• Drivers cannot drive more than eight straight hours since their last break of 30 minutes or more.
• Any seven- to eight-day limit is restarted after 34 hours off.
• Provisions of restart requires two periods from 1 am to 5 am.
• Fatigue is a unique way to check the symptoms of alcohol consumption.

As a result, you can explore both sleep and fatigue in your semi-truck accident case.

Electronic Control Module: What Role Does It Play in Your Case?

Electronic control modules in semi-truck accident cases can provide important information as follows:

• All available files are available to download with the help of experts who can both download and interpret data.
• Should prepare the Spoliation argument, if necessary.
• Should establish the speed of the motor carrier prior to braking, at impact, and Delta-V.
• ECMs for commercial vehicles tend to have data for fastest speed, time at maximum speed, the number of hard braking incidents, and even clutch depression.
• Should check the GPS data separately as GPS may reflect where the driver has been and speed of the vehicle.

Electronic Data Recorder/GPS Tracking Device: Find the Black Box

Electronic Data Recorder (EDR) can be useful in a various way in a semi-truck accident:

• Vehicle information including speed and braking, seatbelt usage, airbag deployment, and change in velocity (Delta V) can be detected and stored in the EDR.
• Having an EDR is a must for all new passenger vehicles.
• Although American manufacturers are cooperative in accessing data, with Asian and European manufacturers, accessing data can be problematic.
• Spoliation letter should maintain a request for specific data.
• EDR is also useful in checking hours of service and speed.
• Even the client’s vehicle can have a similar EDR device with useful data. General Motors (GM) have been using black boxes in their vehicles since the 1990s. Consultation is important with an expert who has experience in downloading data.
• Black box data tends to be accurate and has high credibility to it.

Hence, this list gives you and idea of how much information is available in order to prove your case.

Imminent Hazard/Out of Service Orders: Was the Semi-truck Road Worthy?

In response to the significant risks associated with over-the-road and long-haul trucking, including semi-truck accidents, our federal government has taken proactive measures to enhance regulation. This has led to a notable increase in the issuance of imminent hazard orders that result in carriers being put out of service, in accordance with the truck driver accident procedures. Additionally, motor coach companies are now subject to heightened scrutiny as part of the truck driver accident procedures.

Negligent Hiring/Negligent Selection: Bad Driver, Bad Employer

In a semi-truck accident, demonstrating negligent hiring or selection can be instrumental in proving the trucking company’s negligence and potentially extending liability to brokers, as outlined in the truck driver accident procedures. However, establishing broker liability can be challenging, yet it becomes particularly crucial in cases where there is a lack of or insufficient insurance coverage, in accordance with the truck driver accident procedures.

Depositions of Critical Personnel in a Semi-truck Accident

For depositions of critical personnel, consider the following:

• The driver deposition.
• Understanding the dynamics of the trucking relationship and psychology of truckers.
• High turnover.
• Tension between company and drivers, especially former drivers.
• Health issues including sleeping disorders.
• Substance abuse, citation history, and arrest history.
• The safety director deposition.
• Hiring and qualification of driver.
• Safety director should have information about criminal history of the driver, if applicable, safety philosophy, policies, budget, document retention policies, training, and knowledge of applicable regulations, maintenance, and repair.
• The Rule 30(b)(6) deposition:
• Company’s understanding of how accident occurred.

Common Issues in Semi-truck Accident Cases

The primary defenses in cases involving semi-truck accidents typically revolve around issues of liability, which are raised by companies and insurers. Under the legal concept of respondent superior, employers can be held accountable for the wrongful actions of their employees, as defined by the truck driver accident procedures. Companies bear responsibility for the actions of their drivers only if the driver qualifies as an employee or agent according to the truck driver accident procedures. Trucking companies often attempt to argue that their drivers are independent contractors, seeking to establish that only the driver is liable for any negligence.

Determining whether a driver qualifies as an employee or an independent contractor depends on the terms of the contract and the level of actual control exerted. Even if the driver’s contract designates them as an independent contractor, the employer can still be held liable under the respondent superior doctrine if they exercise sufficient control over the driver, as outlined in the truck driver accident procedures. If the employer dictates the specific manner in which the work is to be completed, they will be held liable according to the truck driver accident procedures.

However, if the company only maintains control over the desired outcome of the work without dictating the specific methods used to achieve it, the relationship between the company and the truck driver would likely be classified as that of an independent contractor. As an illustration, if the trucker operates and owns their own vehicle, covers their own expenses for fuel and insurance, assumes the responsibility for repairs, has no taxes withheld, and does not receive any employment benefits, it is highly probable that they are an independent contractor according to the truck driver accident procedures.

Once the employer confirms the employment relationship, the second step in analyzing respondent superior is to determine whether the truck driver was acting within the scope of their employment, as outlined in the truck driver accident procedures. The scope of employment is determined based on the specific facts of each incident. Pertinent factors include the nature, time, and place of the driver’s conduct that led to the injury. If the driver was engaged in an activity related to their employment or reasonably incidental to their work, they were fulfilling their duties within the scope of their employment as defined by the truck driver accident procedures.

Insurance Available in a Semi-truck Accident Claim

The FMCSA mandates the insurance policies that cover commercial trucks, and these policies are for much larger amounts than typical auto insurance. For these reasons, the trucking company’s insurance agency may be one of the staunchest opponents against your claim. Under the Motor Carrier Act of 1980, insurers of trucking agencies may offer an endorsement called an MCS-90 that acts as proof of financial liability.

“An MCS-90 endorsement to an automotive insurance policy obligates an insurer to cover an insured’s negligence involving vehicles subject to the financial responsibility requirements of … the Motor Carrier Act. The Motor Carrier Act, in turn, creates minimum levels of financial responsibility for the transportation of property by motor carrier … within the United States. Canal Ins. Co. v. Coleman, 625 F.3d 244.

This broad language means that, in most cases, the insurer will be liable. However, courts have held that some exceptions apply. For instance, the truck is present in the United States; (Canal Indem. Co. v. Galindo, 344 Fed.Appx. 909); it must have been transporting property (Canal Ins. Co. v. Coleman, 625 F.3d 244; Brunson ex rel. Brunson v. Canal Ins. Co., 602 F.Supp.2d 711); and the truck must have been a for-hire vehicle (Canal Ins. Co. v. YMV Transport, Inc., 867 F.Supp.2d 1099).

Whether the trucking company’s insurance represents a viable defendant will base on the facts of your accident. As a general rule, however, trucking company insurers will usually be required to pay for the negligence of drivers.

What Steps the Defense Will Be Taking to Your Case

Above all, the commercial trucking industry is a multibillion-dollar sector. In the event of a trucking accident resulting in severe injuries, the trucking company receives a notification, initiating their prompt response according to the truck driver accident procedures. Here is a concise rundown of the steps they follow shortly after the accident takes place.

• It is possible for 24/7 Transportation Defense teams to respond within minutes or hours of the accident. This will enable the defense counsel to access the accident site while the investigating officers are still present at the accident site and before removing the vehicle. Independent adjusters and experts are also on the team and on 24/7 call.

The key onsite defense tasks are as follows:

• Contact investigator should interview and gather information from witnesses at the scene while they have fresh recollection of the accident. The investigator should also work toward obtaining a copy of police report soon after it is finished.
• They should contact an accident/reconstructionist to take photographs/measurements before removing vehicles and before road markings and debris disappear.
• The driver should secure and reassure a relationship of trust with him.
• Driver’s logbook and key evidence such as camera, cell phone, and snack receipts on or within the commercial vehicle should be secures.
• They should complete drug/alcohol testing within an appropriate time frame.

Experts in the areas of biomechanics/human factors, conspicuity, metallurgy (underride cases), and policies and procedures on hiring, training, disciplining, and general safety practices will obtain from the trucking company:

1. Important evidence they will preserve.
2. Vehicle and equipment of the client.
3. Other vehicles, equipment, and physical evidence from the accident.
4. ECM data.
5. Transportation company documents/records.

In the realm of truck driver accident procedures, the trucking industry is fully cognizant of the demanding nature of their commercial drivers’ occupation. These drivers operate under significant stress and face extensive monitoring by various entities such as the FMCSA (Federal Motor Carrier Safety Administration), Qualcomm, GPS (Global Positioning System), ECM (Engine Control Module), video cameras, background checks, as well as medical and drug tests. These measures are implemented to ensure compliance with truck driver accident procedures and maintain safety standards within the industry.

In truck driver accident procedures, bus drivers face the constant challenge of navigating through various obstacles, including pedestrians, bicycles, and other vehicles, while prioritizing the safety of their passengers. On the other hand, OTR (Over-The-Road) truck drivers contend with the demands of extended periods away from their families, coupled with the pressure to timely deliver their cargo while maintaining utmost safety. In the event of a lawsuit, truck drivers will take every possible measure to protect their actions and reputation. Therefore, thorough preparation is essential for your truck driver accident procedures case.

What Steps to Take Next in Your Semi-truck Accident Case

At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their personal injuries, including those from trucking accidents in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.

If you have been in a trucking accident, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.