What to do after a truck crash

A family member was killed or catastrophically injured in a crash with a big truck.  These accidents often cause death or  serious brain, burn, amputation, and back injuries. It is your responsibility to decide how to proceed. What should you do?

What should you do after a serious crash with a large commercial truck?

Act quickly after a family member is hurt in a catastrophic truck crash.

The trucking company and its insurance company may use any delay to “lose” or delete critical evidence. Don’t let them do that.

After a catastrophic truck crash, don’t just hire a firm with a TV ad or billboard. Hire a board-certified trucking lawyer.

Much as you want a board-certified surgeon, look for a board-certified truck accident civil trial lawyer. The National Board of Trial Advocacy is authorized by the American Bar Association to run certification programs that include vetting of experience and ethical practice and require tough written examinations. Ken Shigley was the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy: Civil Trial Practice(1995), Civil Pretrial Practice (2012), and Truck Accident Law (2019). He is a former President of the State Bar of Georgia, lead author of eleven annual editions of Georgia Law of Torts: Trial Preparation & Practice (Thomson Reuters West, 2010-21), and received the Traditions of Excellence Award for lifetime achievement (2019). Partners John Adkins and Ed Stone are younger, energetic versions of the same.

Authorize your truck accident lawyer to act quickly after a catastrophic truck crash.

While each case is different, some of the first steps an experienced trucking lawyer may take in a catastrophic truck crash case may include:

After a catastrophic truck crash, file a petition for a temporary restraining order (TRO) to preserve evidence.

In the county where the truck is located in a tow lot or police impound, file a petition in Superior Court to prevent tampering with evidence. It is never safe to rely upon the word of a claims adjuster or defense lawyer to schedule a joint inspection. Once, we arrived for a joint inspection only to find that the trucking company had sent the truck across the country, thereby erasing critical electronic data related to the accident. But in another case, we promptly obtained a TRO just before the courthouse closed for a holiday weekend. This led to a joint inspection with reconstruction experts from both sides, under the supervision of law enforcement, which revealed a video recording of the dramatic crash and vital electronic data. It is likely that this evidence would have been lost without the TRO. The result was a settlement of $8 million.

Immediately send the trucking company and truck driver a demand for preservation of evidence.

Include a list of telematics data, driving hours data, the driver’s cell phone for forensic download (including all apps as well as phone connection time), truck maintenance records, and electronic data and video uploaded to other companies. Include in that letter a formal request for pre-suit disclosure of all insurance coverage as required under Georgia law…..

Hire an experienced accident reconstruction expert after a catastrophic truck crash.

This crucially important expert will download and analyze electronic data from the truck, take a great many forensic photos of the vehicles and scene, get a 3D scan of the accident scene (both ground level and aerial) and vehicles, determine the physics of how the crash occurred, and generate graphic illustrations of the crash. This expert may also work with illustrators to create video and still illustrations of the dynamics of the crash.

Obtain police reports, photos, and videos as soon as they are available after a catastrophic truck crash.

Remember that multiple law enforcement agencies may be involved, and each of them may have separate dashcam and bodycam video recordings. Also, individual officers sometimes have their own cell phone photos and videos from the scene that are not included in the official records.

Interview both police and motor carrier enforcement personnel after a catastrophic truck crash.

Important witnesses may have detailed observations of details that are not included in written reports. Remember, multiple law enforcement agencies may respond to a major crash and may possess additional evidence, including photos and video.

Visit the accident scene after a catastrophic crash and locate any video cameras that may have recorded the incident.

Often, businesses have security cameras, and residences have doorbell video cameras. Identify and contact the companies or property owners to arrange for the download and acquisition of recordings. Canvass the area for any witnesses not listed on police reports. Drive all approaches to the crash scene to observe and photograph any signs, distractions, or visual obstructions.
g. Contact and interview any witnesses listed on police reports.

File suit and start discovery promptly after a catastrophic crash.

This may have several advantages.
– Formal discovery of records and documents with the authority of the court to compel production from recalcitrant defendants. Identify any brokers who may have had a role in dispatching a load. This may be vitally important if the trucking company’s insurance is inadequate or the insurance company fails financially and your case is sucked into the black hole of the Georgia Insurers Insolvency Pool.
– Preserve testimony of key witnesses in video depositions. If a witness later dies or becomes unavailable, the deposition may be used at trial.
– Start the clock running on a formal offer of settlement. Under Georgia law, if the defense fails to settle within 30 days of an Offer of Settlement and the eventual verdict is over 125% of the amount of the offer, the plaintiff can additionally recover attorney fees after trial. That can be a big number.
– Key depositions. After production of all the records, take video depositions of the state motor carrier enforcement officer, the truck driver, any co-driver or anyone else who was in the truck, the company safety director, designated corporate representative of the trucking company.