After a semi-truck accident takes place, an in-depth investigation will be conducted by multiple parties to determine the cause of the crash, whether it could have been prevented, and the party or parties responsible for the wreck. Hiring a New Mexico truck accident attorney to represent you early on –during an investigation – is the most effective way to maximize your financial recovery.
What Is the Purpose of a Truck Accident Investigation?
New Mexico uses a fault-based accident system to determine who is responsible (liable) for paying for a commercial truck accident. Under this rule, the person or party most at fault for causing a truck accident must pay for related losses, such as the victim’s medical expenses and property repairs.
The main goal of a semi-truck accident investigation is to determine liability. An insurance company will attempt to find and preserve evidence that proves a certain party is at fault or negligent, meaning the party failed to use proper care. They will use this evidence to accept or deny liability for the trucking accident.
What Is the Rapid Response Team?
Immediately after a trucking accident, the truck company that owns or is responsible for the truck will send a group of people known as a “rapid response team” to the scene. This team will typically include legal advisors, forensic investigators, hazardous material handling professionals and emergency responders.
The goal of the team is to ensure safety and gather necessary information about the crash. While the rapid response team is not legally permitted to tamper with or destroy evidence at the scene, this does happen. It is important to protect yourself by hiring an attorney to preserve and collect evidence for you, such as the truck’s black box information, before it can be altered or erased.
Steps of a Semi-Truck Accident Investigation
While each case is unique, most semi-truck accident investigations involve the following basic steps and procedures:
- Obtaining a police accident report by contacting the police and reporting the semi-truck accident.
- Collecting evidence, such as photographs of the crash site, eyewitness statements and surveillance footage from nearby cameras.
- Accessing the truck’s black box, or electronic data recorder. This box, if available, documents the truck and driver’s actions leading up to the crash.
- Subpoenaing trucking company records, such as employment documents, regulatory compliance history, and the driver’s driving and medical records.
- Reconstructing the crash, or using evidence such as a physical truck examination and witness statements to re-create how the truck accident happened.
- Consulting with experts to collect more evidence and strengthen a claim.
At the conclusion of an investigation, the trucking company’s insurance carrier will make its determination of liability based on the facts and evidence obtained.
How Can a Lawyer Help With a Truck Accident Investigation?
The primary goals of a trucking company and its insurance provider during an investigation will be to avoid liability for a semi-truck accident. These parties may attempt to blame you or a third party for the crash. Hiring an attorney as soon as possible after a truck accident in New Mexico can protect your rights by having an experienced professional gather evidence for you.
A truck accident lawyer can visit the scene of the crash promptly to preserve evidence before the trucking company’s rapid response team can interfere. Your lawyer can communicate with the trucking company’s insurance provider to advocate for fair compensation on your behalf. If necessary, your attorney can hire experts and take your case to trial.s