How a Louisiana Truck Accident Lawyer Investigates and Builds an 18-Wheeler Case

Commercial carriers and their insurers may learn about a major collision almost immediately.

The truck may be inspected.

Photographs may be taken.

Electronic information may be collected.

Witnesses may be contacted.

Company representatives may begin documenting their version of what happened.

That is one reason an 18-wheeler accident should not be approached like an ordinary fender bender.

At Jacqueline Scott & Associates, a serious trucking investigation begins by identifying the evidence that can explain why the collision happened and who may be legally responsible.

Make ’Em Pay.

Call (318) 746-5997.

Step One: Protect the Injured Person

Medical care comes first.

Call 911 after a serious collision.

If emergency responders recommend transportation to a hospital, your health should take priority over collecting evidence yourself.

Do not walk through interstate traffic trying to photograph a truck.

Police, witnesses, passengers, family members, investigators, and attorneys may be able to help preserve evidence later.

Step Two: Identify the Truck

When it can be done safely, useful photographs may include:

• tractor;
• trailer;
• company markings;
• USDOT number;
• license plates;
• unit numbers;
• visible damage;
• cargo information visible from the exterior; and
• overall accident scene.

The company name on the truck may be important, but it does not necessarily identify every responsible business.

Step Three: Keep Your Vehicle

In a catastrophic collision, the passenger vehicle itself can become evidence.

Do not automatically authorize destruction or disposal of a totaled vehicle before determining whether an inspection is necessary.

The vehicle can contain evidence concerning:

• impact location;
• crush;
• intrusion;
• collision direction;
• occupant compartment damage; and
• potentially available electronic information.

Preserve your dashcam as well.

Step Four: Keep Every Document

Create a file for:

• police information;
• insurance letters;
• towing records;
• photographs;
• medical records;
• bills;
• pharmacy receipts;
• work excuses;
• pay information; and
• correspondence.

Save digital copies when possible.

Step Five: Send Appropriate Preservation Notices

A serious truck accident may involve evidence controlled by the motor carrier or other businesses.

Written preservation notices can identify categories of information that should not be destroyed once a party has a legal duty to preserve relevant evidence.

Potential categories include:

• electronic logs;
• GPS;
• telematics;
• dashcam footage;
• dispatch communications;
• driver records;
• maintenance records;
• inspection documents; and
• electronic vehicle data.

A preservation letter is important, but it should not be inaccurately described as magically guaranteeing that every requested item exists or automatically proving wrongdoing if something cannot later be produced.

The consequences of lost evidence depend on the facts and applicable procedural law.

Step Six: Obtain the Crash Report

A police crash report can provide an important starting point.

It may identify:

• drivers;
• vehicles;
• witnesses;
• insurance;
• roadway conditions;
• citations;
• diagrams; and
• initial observations.

But the crash report is not necessarily the entire case.

Step Seven: Reconstruct What Happened

Serious accidents may require reconstruction.

Investigators can examine:

• vehicle damage;
• tire marks;
• debris;
• roadway evidence;
• photographs;
• video;
• measurements; and
• electronic information.

The goal is to establish the sequence based on evidence rather than assumptions.

What Is an ECM?

Modern commercial vehicles contain electronic systems controlling various vehicle functions.

An engine control module, or ECM, manages engine-related operations and may contain information useful to an investigation depending on the truck and system.

What Is an EDR?

Some vehicles or electronic systems may preserve event-related information associated with a collision.

The available information varies substantially by manufacturer, system, configuration, and event.

Do not assume every 18-wheeler has a device that records every detail of a crash.

What Is an ELD?

An electronic logging device serves a different primary purpose.

ELDs are used to record commercial-driver duty-status information for covered operations.

They can be important when fatigue or hours-of-service compliance is questioned.

But an ELD should not automatically be described as a speed-and-braking “black box.”

Step Eight: Investigate the Driver

A trucking investigation can examine whether the commercial driver was qualified and whether evidence suggests:

• fatigue;
• distraction;
• impairment;
• inadequate training;
• unsafe driving history; or
• other relevant safety concerns.

Federal regulations establish qualification requirements for covered commercial drivers.

Hours-of-Service Evidence

When fatigue is suspected, investigators may compare multiple records.

Potential sources include:

• ELD records;
• dispatch information;
• GPS;
• fuel receipts;
• toll information;
• delivery records; and
• other time-stamped documents.

A single record rarely tells the whole story.

Step Nine: Investigate the Motor Carrier

The company’s conduct may also matter.

Potential issues include:

• hiring;
• qualification;
• supervision;
• maintenance;
• inspection;
• dispatch practices; and
• safety procedures.

Federal regulations require covered motor carriers to systematically inspect, repair, and maintain commercial motor vehicles subject to those rules.

Maintenance Records

When brake, tire, steering, lighting, or other equipment failure is suspected, maintenance documentation can become important.

The physical truck may also need inspection.

Step Ten: Determine Who Owned the Equipment

The tractor and trailer may have different owners.

The motor carrier may lease equipment.

Maintenance may be performed by another company.

Cargo may be loaded by someone else.

That does not make each company automatically liable.

But it creates relationships that should be investigated.

Be Careful With Leased-Truck Liability

Federal leasing regulations can impose responsibilities on authorized carriers regarding possession, control, and use of leased equipment.

But a federal leasing provision should not be simplified into a blanket statement that every leasing arrangement automatically makes every carrier liable for every accident.

The contract, operation, applicable regulations, and Louisiana law should be analyzed together.

Step Eleven: Investigate Commercial Insurance

Federal financial-responsibility rules establish minimum requirements for certain interstate motor carriers.

Depending on the operation and cargo, federal minimums can include:

• $750,000 for certain nonhazardous property operations;
• $1 million for specified oil or hazardous-material operations; and
• $5 million for specified higher-risk hazardous-material operations.

Those are minimums for covered operations, not promises about what is available in every crash.

Look for Additional Coverage

Potential coverage can include:

• primary commercial liability;
• excess policies;
• umbrella policies;
• self-insurance; and
• policies associated with additional responsible defendants.

Step Twelve: Identify Every Potentially Responsible Party

Depending on the evidence, parties may include:

• driver;
• motor carrier;
• employer;
• tractor owner;
• trailer owner;
• maintenance provider;
• cargo loader; and
• another party whose negligence contributed.

Louisiana’s fault-allocation rules make this particularly important.

Step Thirteen: Build the Medical Case

Liability is only half the case.

The other half is proving what the accident caused.

Medical evidence may include:

• ambulance records;
• emergency records;
• imaging;
• hospitalization;
• surgery;
• specialist treatment;
• rehabilitation;
• therapy; and
• future-care recommendations.

Louisiana’s Article 306.1 now provides that absence of a prior condition does not itself create a presumption that the accident caused a new condition.

Step Fourteen: Document Lost Income

Preserve:

• pay stubs;
• employer statements;
• overtime history;
• work restrictions;
• tax information where appropriate; and
• evidence of missed promotions or career limitations where relevant.

Catastrophic injuries may require analysis of future earning capacity.

Step Fifteen: Evaluate Future Losses

In serious cases, appropriate professionals may be needed to evaluate:

• future medical treatment;
• life-care needs;
• vocational limitations; and
• economic losses.

Not every truck case needs every type of expert.

Step Sixteen: Present the Claim

Once the medical and liability evidence is sufficiently developed, the claim can be presented to responsible parties and insurers.

A thorough presentation may include:

• liability evidence;
• applicable trucking regulations;
• medical documentation;
• wage evidence;
• future-care information; and
• supporting expert analysis where appropriate.

Step Seventeen: File Suit When Necessary

Some cases resolve through negotiation.

Others require litigation.

For a case properly venued in Caddo Parish district court, litigation may proceed in the First Judicial District Court.

A Bossier Parish case may proceed in the Twenty-Sixth Judicial District Court when that court has proper jurisdiction and venue.

The proper court depends on Louisiana venue and jurisdiction rules—not simply where the injured person lives.

What Happens During Discovery?

Litigation can involve:

• written interrogatories;
• requests for documents;
• depositions;
• expert discovery;
• subpoenas; and
• inspection of physical evidence.

Discovery can reveal company information unavailable during the initial claim process.

Does Filing a Lawsuit Mean the Case Will Go to Trial?

No.

Many cases resolve after suit is filed.

Some settle during discovery.

Others resolve through mediation.

Some proceed to trial.

The decision whether to accept a settlement ultimately belongs to the client.

Why Starting Early Matters

Louisiana now generally provides two years for many new delictual actions.

But two years can disappear quickly in a complex trucking case.

Investigating several companies, preserving electronic evidence, documenting catastrophic injuries, obtaining expert analysis, and evaluating future damages can take significant time.

Starting early provides time to build the case from evidence instead of trying to reconstruct it near a deadline.

Jacqueline Scott & Associates Investigates the Driver, Truck and Company

A commercial-truck case is not simply:

“The truck hit me.”

A complete investigation asks:

Why did it hit you?

What was the driver doing?

Was the driver qualified?

Was fatigue involved?

What do the electronic records show?

Was the truck properly maintained?

Who owned the tractor and trailer?

Who controlled the operation?

Are other businesses responsible?

What insurance is available?

What has the wreck done to your future?

If an 18-wheeler caused your serious injuries in Louisiana, call Jacqueline Scott & Associates at (318) 746-5997.

Make ’Em Pay.

Every trucking case is different. Federal regulations, Louisiana law, evidence, defendants, insurance coverage, and damages depend on the facts of the particular collision. Prior results do not guarantee a similar outcome. This article provides general educational information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.