An independent investigation into a serious car, motorcycle or bicycle vs. semi accident is vital to building a winning case. The investigation should include review of the scene of the accident, inspection of all vehicles involved, analysis of documents obtained from the trucking company and interviews with eyewitnesses and first responders.

In analyzing the documents from the trucking company, the following areas need to be examined:

1. Hours of service: Drivers are required to record the amount of driving and off-duty time in the driver’s log.

2. Truck driver drug and alcohol use: FMCSA regulations require trucking companies to implement a drug and alcohol education program.

3. Truck driver qualifications: A driver is not allowed to drive with a revoked or suspended license. To be qualified, a driver must pass the required road test, have a certificate saying they are medically fit to drive a commercial vehicle, not have a record of certain criminal offenses, etc.

4. Truck parts and accessories, including tires, brakes, etc. FMCSA also has detailed requirements regarding parts and accessories necessary to safely operate a commercial truck. It is important to check the maintenance records for compliance, too.

An independent investigation may also include hiring specialized experts in engineering, accident reconstruction and medicine. In some truck accident cases, it may be beneficial to hire an animationist to piece together forensic evidence at the scene to create an animation video. The re-creation of the accident can provide a compelling visual for the judge or jury.

An example of the effectiveness of an independent investigation is the recent bicycle vs. semi accident case where lead semi accident attorneys Fred Pritzker and Eric Hageman of PritzkerOlsen, P.A. obtained a significant verdict from a Hennepin County jury in a tragic wrongful death case. Bicyclist Julie Casey, 53, was killed on August 15, 2008 when she was run over by the rear wheels of the trailer of a right-turning semi truck at a busy intersection. The investigating police officers were inclined to believe that Ms. Casey should have seen the truck and that the accident occurred because Ms. Casey was unable to remove her feet from her new clipless bicycle pedals.

The Pritzker Olsen investigation of the case revealed, however, that the accident did not take place as the truck driver had initially claimed. Mr. Pritzker and Mr. Hageman obtained the truck driver’s logbooks and were able to determine that there were numerous falsifications, which should have caused the driver to be out of service at the time of the accident. When deposing the truck driver, it was revealed that he failed to monitor his right outside mirrors during his turn, which is crucial due to the significant “off-tracking” which occurs. This failure was compounded by the truck driver’s admission that he believed he was pulling a 48-foot trailer, rather than a 53-foot trailer.

On April 14, 2011, after an eight-day trial, the jury found 70% fault on the truck driver and 30% fault on Ms. Casey. The jury awarded her heirs and next of kin $2,469,339 in damages. “Never give up on a case without doing your own investigation,” Hageman said. “You can’t fully evaluate a case until you know all of the facts.”

Author Bio: PritzkerOlsen, P.A. is a national semi accident law firm for personal injury and wrongful death lawsuits with a record of success. In addition, as an avid cyclist and former racer, Attorney Fred Pritzker knows how to obtain compensation for people involved in bicycle accidents.

Category: Legal
Keywords: bicycle accident lawyer, semi truck accident attorney, wrongful death, independent investigation