How To Find the Driver at Fault for a Semi Truck Accident

Last Updated on June 27, 2025 by Beltz Law Group

 

Preserving Evidence After an 18-Wheeler Accident: Your Guide to Protecting Your Claim

Beltz Law Group: 214-321-4105

In the chaotic aftermath of a traffic accident, especially one involving a massive 18-wheeler, your priority is undoubtedly your safety and well-being. However, once immediate dangers are addressed, the next critical step is to preserve evidence. Truck accidents are significantly more complex than typical car collisions, often involving multiple parties (truck driver, trucking company, cargo loaders, mechanics, etc.) and a maze of federal and state regulations.

Determining fault and proving negligence in these cases requires a meticulous collection of evidence. The information gathered in the hours and days following the crash can make or break your ability to recover fair compensation for your injuries and damages. This article will guide you through the essential steps to preserve vital evidence after an 18-wheeler accident.

Why Evidence is Crucial in 18-Wheeler Accident Claims

The sheer size and weight of an 18-wheeler mean accidents often result in severe injuries, extensive property damage, and tragically, fatalities. Trucking companies and their insurers will immediately begin their own investigation, aiming to minimize their liability. Without strong, documented evidence, it becomes incredibly challenging to:

• Establish Fault: Clearly prove who or what caused the accident.
• Prove Damages: Link your injuries and losses directly to the crash.
• Negotiate Fairly: Stand firm against lowball settlement offers.
• Succeed in Court: Present a compelling case if litigation becomes necessary.

Immediate Steps at the Accident Scene (Prioritizing Safety First)

Your safety and the safety of others should always be your top concern.

1. Prioritize Safety & Seek Medical Attention:
   • If possible and safe, move your vehicle to the shoulder or a safe location out of traffic.
   • Check yourself and others for injuries. Even if you feel fine, adrenaline can mask pain.
   • Call 911 immediately. Request both law enforcement and emergency medical services (EMS). Do not refuse medical assessment at the scene.
2. Do NOT Admit Fault or Apologize:
   • Even if you’re shaken or feel partially responsible, do not apologize or make any statements that could be interpreted as admitting fault. This can be used against you later.
   • Stick to the facts when speaking with police or other drivers.
3. Gather Information from All Parties Involved:
   • The Truck Driver: Get their name, contact information, driver’s license number, and CDL number.
   • The Trucking Company: Obtain the company’s name, address, phone number, and DOT (Department of Transportation) number, which is usually found on the side of the truck.
   • Insurance Information: Collect insurance details for both the truck driver and the trucking company.
   • Witnesses: Ask for names and contact information from anyone who saw the accident. Their unbiased accounts can be invaluable.
4. 

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   Document the Scene with Photos and Videos:

   • Use your smartphone to take as many photos and videos as possible. Don’t worry about taking too many.
   • Capture a wide range of shots:
     • Overall scene, showing the position of all vehicles.
     • Damage to your vehicle from multiple angles.
     • Damage to the 18-wheeler.
     • Debris on the road, skid marks, traffic signs, traffic lights.
     • Road conditions (weather, potholes, construction).
     • Any visible injuries.
     • The truck’s license plate, DOT number, and company name.
     • The driver, if possible (without being confrontational).
   • Video: A short video showing the scene can capture dynamics that still photos miss.
5. Look for Surveillance Footage:
   • Note if there are any businesses, traffic cameras, or homes nearby that might have captured the accident on video. If safe to do so, try to inquire.

Steps After Leaving the Accident Scene

The evidence preservation doesn’t end at the crash site.

1. Seek Comprehensive Medical Attention:
   • Even if you were seen by paramedics at the scene, follow up with your doctor immediately. Some injuries, like whiplash or internal injuries, may not manifest for hours or even days.
   • Be thorough and honest with your medical providers about all your symptoms.
   • Crucially, follow all medical advice and attend all appointments. Gaps in treatment can be used by insurance companies to argue your injuries aren’t serious.
2. Keep Detailed Records:
   • Maintain a meticulous file of all accident-related documents:
     • Medical bills and records.
     • Prescriptions.
     • Records of lost wages or missed work.
     • Vehicle repair estimates or total loss documentation.
     • All communications with insurance companies.
     • A journal detailing your pain, recovery progress, and how your injuries affect your daily life.
3. 

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   Notify Your Own Insurance Company (Carefully):

   • Inform your insurance company about the accident promptly.
   • However, be cautious about giving recorded statements or detailed accounts without first consulting with a truck accident lawyer. Anything you say can be used by the opposing side to devalue your claim.
4. Obtain the Official Police Report:
   • Request a copy of the police accident report as soon as it’s available. This report will contain the officer’s findings, diagrams, witness statements, and possibly initial assessments of fault. While not definitive legal proof of fault, it’s a critical document for your case.
5. Avoid Early Settlements or Signing Documents:
   • Trucking companies and their insurers are often quick to offer small, fast settlements. Do NOT accept or sign anything without having an attorney review it. These initial offers are rarely fair and may waive your right to seek further compensation.

Unique Evidence in 18-Wheeler Accident Cases

Unlike standard car accidents, 18-wheeler cases involve specific types of evidence that are vital for proving negligence and liability:

• Truck’s Black Box (ECM Data): The Electronic Control Module (ECM) or “black box” records crucial data like speed, braking, acceleration, hours of operation, and even potential mechanical faults. This data can reveal if the driver was speeding or braking improperly.
• Electronic Logging Device (ELD) Data: This digital record provides detailed information about a driver’s Hours of Service (HOS), revealing potential fatigue-related violations.
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  Driver Qualification Files: These files contain the driver’s employment history, driving record, medical certifications, drug and alcohol test results, and training records.

• Maintenance Records: Records of the truck’s inspection, maintenance, and repair history can uncover mechanical defects that contributed to the crash.
• Company Safety Records: These records can show if the trucking company has a history of safety violations or negligent hiring/training practices.
• Cargo Manifests & Loading Documents: Can reveal if the truck was overloaded or if cargo was improperly secured.
• Dash Cam Footage: Many commercial trucks have dash cameras that record the roadway.
• Cell Phone Records: To determine if distracted driving was a factor.

The Critical Role of an Experienced Truck Accident Lawyer

The sheer volume and complexity of evidence in an 18-wheeler accident case underscore the need for immediate legal representation. An experienced truck accident lawyer will:

• Act Quickly to Preserve Evidence: They can issue “spoliation letters” to trucking companies, legally compelling them to preserve crucial evidence like black box data and driver logs, which might otherwise be destroyed.
• Conduct Independent Investigations: Lawyers have access to accident reconstructionists, forensic experts, and investigators who can analyze the scene, review data, and determine liability.
• Navigate Complex Regulations: They understand federal FMCSA regulations and state laws to identify violations that contributed to the accident.
• Negotiate with Insurance Companies: They protect your rights against aggressive adjusters and ensure you receive fair compensation for all your damages, including medical expenses, lost wages, pain and suffering, and more.
• Litigate on Your Behalf: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court.

Don’t Delay – Contact Beltz Law Group Today

If you or a loved one has been injured in a semi-truck accident in Texas, the time to act is now. Every moment that passes can jeopardize critical evidence. The Beltz Law Group has a dedicated team of experienced truck accident attorneys with in-depth knowledge of this specialized field. We are committed to protecting your rights and fighting for the maximum compensation you deserve.

For a free consultation to discuss your case and understand your legal options, contact us immediately at 214-321-4105. We’re here to help.