Trucking Accident Cases: A Practical Checklist

A trucking accident case is far more than a “bigger” car accident claim. These cases often involve catastrophic injuries, significantly higher insurance limits, multiple potentially liable parties, and a complex web of federal regulations that
simply do not exist in the typical automobile collision.

When evaluating a trucking case, taking the right steps early can make a significant difference. Here are several key considerations:

• Immediately send a preservation letter to both the trucking company and its insurance carrier to preserve
  critical evidence before it is lost or destroyed.
• Obtain the complete crash report, including photographs, witness statements, diagrams, and investigative
  narratives.
• Request all available law-enforcement evidence, including 911 recordings, body-camera footage, and
  dash-camera footage. These materials often contain valuable evidence that may not appear in the written report.
• Secure any onboard video from the commercial truck as quickly as possible through the insurance carrier or
  defense counsel.
• Review PUCO records and submit FOIA requests to identify prior safety violations, inspections, or compliance
  issues involving the trucking company.
• Request hazardous material or spill reports, when applicable, as they may help demonstrate the force of
  impact and overall severity of the collision.
• Retain an experienced accident reconstruction expert to inspect the crash scene, analyze vehicle damage,
  review electronic control module (“black box”) data, and evaluate regulatory violations.
• Thoroughly document your client’s injuries with high-quality photographs and video throughout the course of
  treatment.
• Consult a trucking safety expert familiar with DOT regulations and the Federal Motor Carrier Safety Regulations
  (FMCSRs) to evaluate potential violations and establish the applicable standard of care.
• Consider retaining a biomechanical engineer when expert analysis is needed to explain the causation of the
  injury and the forces involved in the collision.
• Research the carrier through the FMCSA SAFER System to review operating authority, safety history,
  inspection records, insurance information, and compliance data.
• Review BrokerSnapshot to gather additional intelligence on the motor carrier, broker relationships, safety
  performance, and operational history.

These are just a few of the many issues to consider when handling a commercial trucking case. Every case presents unique
challenges, and early investigation is critical to protecting your client’s rights and maximizing the potential recovery.

If you would like to discuss a trucking case or compare strategies, we are always happy to share ideas and collaborate with fellow attorneys.