Does Law Enforcement Investigate a Truck Accident?
Were you involved in a semi-truck accident in South Florida? It is imperative that it is thoroughly investigated. Law enforcement may respond to the scene, document the crash, interview drivers and witnesses, inspect the vehicles, and prepare an official crash report. If you were hurt in the crash, your lawyer should also conduct an independent investigation. Here, our Miami semi-truck accident attorney provides a more comprehensive explanation of how investigations work for crashes in South Florida.
Most Truck Accidents in Florida Should Be Reported to Law Enforcement
In Florida, most motor vehicle collisions, including all injury crashes, must be reported to law enforcement as a matter of state law. Commercial truck accidents are no exception to the rule. Under Florida Statutes § 316.066, a law enforcement officer must complete a Florida Traffic Crash Report, Long Form after investigating a crash that involves injury, death, a hit-and-run, an impaired driver, a vehicle that must be removed by a wrecker, or certain commercial motor vehicle circumstances. A crash must be handled by either local or state law enforcement, such as the Miami Police Department or the Florida Highway Patrol.
Serious Commercial Truck Crashes May Be Investigated by Federal Regulators
Commercial truck accidents can also trigger federal safety issues. The Federal Motor Carrier Safety Administration (FMCSA) regulates interstate motor carriers and commercial drivers. Federal rules cover hours of service, driver qualification files, drug and alcohol testing, vehicle inspection, maintenance records, cargo securement, and electronic logging devices.
After certain serious crashes, federal post-accident testing rules may apply. Under 49 C.F.R. § 382.303, a motor carrier must require alcohol and controlled substance testing after a fatal commercial motor vehicle crash. Testing may also be required when a driver receives a qualifying citation after a crash involving bodily injury requiring immediate medical treatment away from the scene or disabling damage that requires a tow.
Your Semi-Truck Accident Lawyer Will Investigate the Collision
Even though a semi-truck crash will be investigated by law enforcement, it is still crucial that you have an attorney on your side after a bad crash. Your attorney will ensure that your best interests are protected. A Miami truck accident lawyer’s investigation should go beyond the crash report. Trucking cases often depend on evidence that can disappear quickly. Your attorney may send preservation letters to the motor carrier and other responsible parties to demand that they retain driver logs, ELD data, dashcam footage, onboard telematics, dispatch records, inspection reports, maintenance files, hiring records, drug and alcohol testing records, bills of lading, and communications with the driver. The more evidence you have, the better positioned you will be.
Call Our Miami Semi-Truck Accident Attorney Today
At Pike & Lustig, LLP, our Miami truck accident attorney has the experience you can trust when it matters most. If you have any specific questions about a truck accident injury claim, we are here as a resource you can trust. Call us now for a free case review. With offices in Miami and West Palm Beach, we handle truck accident injury claims throughout all of South Florida.
Source:
ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-C/section-382.303
