A collision with a large commercial truck can be a devastating and life-changing event. The moments that follow are often filled with confusion, pain, and uncertainty about what to do next.
At The Tourigny Law Firm LLC, our attorney has dedicated his practice to serving communities in and around the Kansas City area. If you've been injured in a truck accident in Kansas or Missouri, we are here to help.
Our attorney handles every case personally, giving you the focused attention you deserve. If you've been involved in a truck accident, you need to understand how these accidents are investigated, and you need someone who can handle the legal process while you focus on recovery.
Let's get started.
The First Steps in a Truck Accident Investigation
A swift and thorough investigation is typically initiated following a commercial truck accident. The trucking company and its insurance provider will dispatch their own teams to the scene almost immediately. Their goal is to manage the situation and protect their interests by controlling the narrative from the very beginning.
This is why you need an attorney who can protect your interests. An independent investigation led by your attorney will focus on gathering and safeguarding evidence that supports your claim. This includes:
Documenting the scene: Taking extensive photographs and videos of the accident scene, including vehicle positions, road conditions, traffic signals, weather, and any skid marks or debris.
Interviewing witnesses: Speaking with anyone who witnessed the accident to get independent perspectives. Memories can fade quickly, so it's important to get these statements as soon as possible.
Reviewing police reports: The official accident report containing the responding officer's initial findings, diagrams, and citations can be a key piece of evidence.
Hiring accident reconstructionists: In complicated cases, your attorney may bring in specialists who can analyze the physical evidence to scientifically determine how the accident occurred.
These initial steps lay the groundwork for building a strong case. Quick action is needed to secure evidence before it disappears or is altered.
What is a Truck's "Black Box"?
Many people are familiar with the concept of "black boxes" in airplanes, but most modern commercial trucks also feature a similar device known as an event data recorder (EDR). This small electronic device is a valuable tool in accident investigations. It connects to the truck’s engine and other systems, recording a constant stream of data.
When a specific event occurs, such as a sudden stop, a hard brake, or a collision, the EDR captures a snapshot of data from the seconds leading up to, during, and after the event. This information is objective and provides a clear picture of what the truck was doing immediately before the collision.
Information Stored on a Black Box
The data captured by an EDR can be incredibly detailed. Depending on the model and age of the truck, the black box can provide information on:
Vehicle speed: It indicates how fast the truck was traveling in the moments leading up to impact.
Brake application: Did the driver apply the brakes? If so, when and how hard?
Throttle position: Was the driver accelerating before the collision?
Steering input: The EDR can record the angle of the steering wheel.
Cruise control status: Was the cruise control engaged at the time of the crash?
Seatbelt usage: It can show whether the driver was wearing a seatbelt.
Hours of service: Some systems integrate with logs that track the driver's on-road time.
This data can either confirm or contradict the truck driver's account of the accident, making it a powerful piece of evidence. For example, if a driver claims they were driving the speed limit and braked hard, the EDR data might show they were speeding and never touched the brakes.
Securing Black Box Data is Time-Sensitive
Obtaining the black box data isn't as simple as asking for it. Trucking companies are not obligated to hand it over without a formal legal request. Furthermore, the data can be lost.
EDRs often record data on a loop, meaning that new information can overwrite old data after a certain amount of time or after a specified number of miles have been driven. If the truck is repaired and put back into service, the data from your accident could be erased forever.
To prevent this, your attorney must send a spoliation letter to the trucking company immediately. This is a legal notice demanding that they preserve the truck and its EDR, along with other evidence like driver logs and maintenance records.
This formal demand legally obligates the company to prevent the destruction of this information. Failure to act quickly can result in losing access to one of the most important sources of evidence in your case.
Kansas and Missouri Laws Governing Evidence Preservation
Both Kansas and Missouri have laws that govern the preservation of evidence in legal cases. The principle of spoliation is recognized in both states, meaning that a party cannot intentionally or negligently destroy evidence relevant to a case. If a trucking company were to ignore a spoliation letter and allow the black box data to be erased, a court could impose sanctions against them.
These sanctions might include instructing the jury to assume that the lost evidence would have been unfavorable to the trucking company. This can significantly strengthen your position during settlement negotiations or at trial.
However, these protections only work if a formal request to preserve the evidence has been made. This is another reason why you should work with an attorney from the very beginning.
How Black Box Data Builds Your Case
Once we have the data, it can be analyzed by a specialist to reconstruct the accident. This objective information helps establish negligence on the part of the truck driver or the trucking company. It can detect violations such as speeding, distracted driving, or failing to react in a timely manner.
This data, combined with other evidence like maintenance records and driver qualification files, can reveal a pattern of unsafe practices. For instance, if the EDR shows consistent speeding and the driver's logs show violations of hours-of-service regulations, it paints a picture of a company that prioritizes profits over safety. This information is particularly powerful when negotiating with insurance companies, as it clearly demonstrates liability.
Truck Accident Attorney in the Kansas City Area
When you are injured because someone else was careless, the legal system can feel intimidating. At The Tourigny Law Firm LLC, we are here to lift that burden from you. With an attorney with extensive knowledge of personal injury law, we understand the challenges you are facing.
When you work with us, we will manage everything, from collecting evidence to dealing with insurers, fighting to secure the compensation you deserve. Located in Kansas City, our attorney is licensed to practise in both Kansas and Missouri. Call us to schedule a consultation and take the first step toward justice.
