Large truck accidents, such as semi-trucks or 18-wheelers, are a different type of case in Michigan than a standard car accident. Because most big commercial trucks have higher insurance policies and cause severe personal injuries or even wrongful death, the litigation of these cases is intense. That is why it is essential to have aggressive and knowledgeable Michigan truck accident lawyers on your side right away.
Steps to Take to Help Preserve Evidence After a Truck Accident
After a track with a semi-truck or 18-wheeler occurs, preserving as much evidence as possible is essential. Your lawyer can use this evidence to help prove your case and get the best outcomes possible.
This process must start immediately, right after the accident. Here are some helpful hints and steps to take as part of your own truck accident investigation.
Call the Police
It is imperative to call the police to the scene. Responding officers will investigate the accident and help determine who was at fault for causing it. They will get the names, addresses, and telephone numbers of the drivers. They will also compile the names of passengers and witnesses. Often, they will conduct a blood-alcohol test or field sobriety test of the truck driver. If necessary, they can do a full accident reconstruction.
Take Photographs of the Accident Scene
It is important to take photos of the accident scene. Take photographs of all the vehicles involved, not just your vehicle. Photograph or video the vehicle damage so this is preserved. Take pictures of the license plates of all the cars involved. In addition, photograph from different angles so your lawyer can more easily recreate the accident scene and how the crash occurred.
Get Names and Telephone Numbers
While still at the accident scene, try to get the full names and addresses of every person involved. If you cannot, try to have a friend or family member do this for you. The police responding to the crash often do not get the names and information of witnesses. They fail to list them in the police report. When this happens, these important people for your case can be gone forever. Don’t let that happen. Get the information yourself and save it on your cell phone.
Call a Michigan Truck Accident Lawyer
After you have helped preserve evidence, call an experienced Michigan truck accident attorney. A law firm specializing in trucking litigation will know what to do with the evidence immediately. In addition, the trucking law firm will immediately get started and collect additional evidence to help solidify your case.
Here are some things a good Michigan truck accident lawyer will do on your behalf following the crash.
Send a Preservation Letter or Spoilation Letter
The Michigan truck lawyer should immediately mail and email a letter asking the trucking company to preserve the truck involved in the crash. This letter should also demand they preserve all evidence about the truck driver and the accident. This includes the daily driver logs, dash cam video, information stored on the electronic data recorder or “black box,” and other evidence.
A preservation of evidence letter informs the defendant to retain all records.
Hire a Truck Accident Expert and/or Accident Reconstruction Expert
Experts are very important in these cases. They can provide guidance on what evidence to obtain and then analyze this evidence to come to important conclusions about why and how the crash occurred.
An accident reconstruction expert will analyze the police report, information stored on the black box, photographs of the vehicle damage and accident scene, take measurements of skid marks, and look at other data to help explain why the truck driver was at-fault for causing the wreck.
A truck safety expert can help impute negligence on the driver and trucking company. For example, a truck safety expert can explain what the truck driver did wrong and the proper safety protocols for the situation. This expert can also help prove negligent hiring and negligent supervision on the part of the trucking company.
Truck Inspection
A truck accident lawyer and their experts must inspect the truck. This includes looking at the brakes, engine, sleeper unit, control panel, and trailer itself. A thorough inspection can provide important clues that the trucking company failed to follow federal and state safety regulations, which can help prove negligence on the part of the defendants.
Talk to Witnesses
A good Michigan truck accident law firm will also talk and interview all witnesses before litigation starts. Because witnesses can disappear, speaking to them as soon as possible after the crash is important. They will have a better memory of what occurred. Once a witness statement is made, they are locked in so they cannot change their testimony later.
Inspect the Driver’s Logs and the Truck Company’s Documentation
In addition to visiting the accident scene and hiring good experts, an aggressive Michigan 18-wheeler accident lawyer will ask for and obtain the driver’s daily logs about the trip. Logs are now usually completed in electronic form, so it is essential to get all data and metadata from the trucking company.
Other information to obtain includes dispatch records, medical expense reports, inspection reports, repair notes, invoices, bills of lading, safety reports, and other documents.
Michigan Truck Accident Lawsuit
A lawsuit should be filed against all potential defendants liable for causing the plaintiff’s injuries. Commercial truck litigation is no-holds-barred. Because of the large amount of money involved, truck companies and their lawyers go to great lengths to cover themselves.
For some companies, this can include nefarious actions like hiding or destroying evidence. To protect yourself, you must obtain aggressive lawyers and a dynamic law firm on your side from the beginning.
File a Complaint
The first step in truck accident litigation is filing the Complaint or lawsuit. The Complaint lists all the parties, how the incident occurred, why the different defendants were negligent, and the injuries they caused.
Once the lawsuit is filed, a period of discovery begins. This is where the parties discover the other side’s evidence, theories of liability, and defenses.
Violations of Federal and State Regulations
An important part of discovery is bringing to light the violations the semi-truck driver made in causing the crash. This can be as basic as obtaining the electronic data recorder or “black box” to discover the truck driver’s speed at impact. Or it can involve a detailed look at other causes, such as:
- Violation of hours-of-service regulations. For example, a semi-truck driver cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. In addition, a driver may not drive after 60/70 hours on duty in 7/8 consecutive days.
- Tire malfunctions or the use of a defective tire
- Improper lane use and lane changes
- Negligent truck inspection
- Negligent truck repair
Take Depositions of Lay Witnesses
During the litigation process, the deposition of various lay witnesses will occur. This includes the deposition of the plaintiff. The lawyer for the plaintiff should prepare you in advance before your deposition. Our firm will meet multiple times to go over every question that may come up.
Other lay witness depositions include family members of the plaintiff, witnesses to the crash, and the defendant driver.
Take Depositions of Expert Witnesses
The testimony of expert witnesses is crucial in truck accident cases.
Both sides will usually retain accident reconstruction experts. These experts use the data from the scene, the police report, photographs, video, testimony, and other facts to conclude who the crash occurred and who caused the crash. A skilled lawyer will poke holes in the defendant’s accident reconstruction expert’s report and testimony.
Other expert witnesses include the treating doctors, such as a surgeon or specialist. The trucking companies can hire their own doctors to conduct an “independent medical examination” or IME. A good Michigan truck accident lawyer will know how to attack these IME doctors and show their bias.
Jury Trial
If negotiations between the parties don’t work and a case cannot be settled, a jury trial is the final step in the truck litigation process. A jury trial takes place in the court where the case is filed. In Michigan, usually, 6-8 jurors will decide on (1) liability, (2) causation, and (3) the amount of money awarded or damages. The length of jury trials can vary, with some lasting only a few days and others lasting several weeks.
At a jury trial, both sides provide opening statements, present their witnesses, introduce evidence for the jury to analyze, cross-examine witnesses, and offer closing statements. At the conclusion of the trial, the jury will reach a verdict.
Jury trials involve a lot of preparation. In a lot of ways, it is like planning for war. That is why you need Michigan truck accident attorneys who are unafraid to go to trial and know how to present the best case for their clients.
Our Michigan Truck Accident Lawyers Are Ready to Fight For You
When you or a family member has suffered injuries due to a truck driver’s negligence, it is important to find the best representation. Let us use our years of experience and expertise to help you.
The attorneys at the Lee Steinberg Law Firm will meet and be with you throughout your case. We will fight for the monetary compensation you deserve by law.
Call us for a free consultation at 1-800-533-3733, or complete a contact form today.