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Address: 3811 Turtle Creek
Blvd. Suite 1400 Dallas,
Texas 75219 |
| Tel: 214-720-0720 |
| Toll Free: 800-900-5373 |
| Fax: 214-720-0184 |
| Email: personalinjury@textrial.com |
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| Accident Scene Investigation: How To
Obtain and Preserve Evidence at the Scene
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Carmen Mitchell
Mitchell, Goff & Mitchell, L.L.P.
10440 North Central Expressway, Suite 1100
Dallas, Texas 75231
214/651-8218 (Telephone)
214/651-8506 (Facsimile)
George (Tex) Quesada
Sommerman & Quesada, L.L.P.
3811 Turtle Creek Boulevard, Suite 1400
Dallas, Texas 75219-4461
214/720-0720 (Telephone)
214/720-0184 (Facsimile)
This paper is a compilation of sources for obtaining additional information outside of discovery in truck wreck cases. The following are common starting points for gaining such information:
I.Written Requests for Information.
a.Texas Open Records Act. Under the Texas Opens Records Act, information valuable to a case, such as an accident report or photos, may be acquired by sending the holder of the information an Open Records Request.
b.Freedom of Information Act. As with the Texas Open Records Act, information, such as an enforcement action, may be gained from government organizations through this Act.
c.Police Departments. The following information may be obtained from the police department handling the wreck:
i.Accident report;
ii.Arrest report;
iii.Investigation records;
iv.Photos;
v.Witness statements;
vi.Records of police personnel on the scene;
vii.Dispatch records and recordings; and
viii.Additional document contained in the file.
d.Reference Librarians. Newspaper or magazine articles may have been written about the wreck. These are obtainable through the local reference librarian.
e.Attached are examples of these types of letters used in obtaining the above information from their respective sources.
II.Onboard Communication Systems and Satellites. Communication systems onboard the truck gather information through satellites, which continuously track the trucks, and may provide the following types of information:
a.The hours the driver is in service, ensuring compliance with the Department of Transportations standards;
b.Speed of the truck at any moment, including the instant the accident occurred;
c.Use of the brakes that may signal tailgating;
d.Engine temperature;
e.Shifting of the gears;
f.Tire pressure;
g.Any route deviations; and
h.The truck's specific location at any time.
III.Cellular Systems. Cellular systems offer information similar to what the onboard communication systems offer, but use ground-based towers instead of satellites.
IV.Cell Phones. Through cell phones, drivers may convey their location, any emergencies they may have, the condition of their load, and any repairs the truck may be in need of.
V.Trip Recorders. These onboard "black boxes" gather and store information similar to the satellites, staying in the vehicle until delivered to the supervisor at the conclusion of the trip. Information may then be gleaned from the recorders.
VI.Electronic Logbook Systems. These are the electronic version of paper logbooks which keep track of hours and miles traveled, and may provide information regarding violation/ compliance with the law and may assist in reconstructing the wreck.
VII.Collision Warning Systems. Often combined with trip recorders to record driver and truck operation, these devices flash warning lights when a driver is advancing on another vehicle too quickly or when the truck is close to hitting another vehicle in the blind spot, revealing recklessness.
VIII.Anti-Rollover Systems. Anti-rollover systems display a message on the dash board alerting drivers when a roll-over becomes a potential, and they automatically slow the engine when a roll-over becomes imminent. Driver acknowledgement is required.
IX.Lane Guidance Systems. Speakers release an alarm when a driver begins to leave the lane without using a turn signal.
X.Trucking Company's Website. The trucking company's website can be used to obtain addition, helpful information. For instance, the website may reveal the location of dispatch terminals, the company's driver requirements and/ or training, whether the company is self-insured, and may even provide an option for tracking the shipment as it is transported.
XI.SAFER. The Federal Motor Carrier Safety Administration provides information to the public via telephone requests and the Internet, through the Safety and Fitness Electronic Records (SAFER) System. Among other things, SAFER offers a carrier's identification, size, safety record and rating, inspection summaries, and crash information. See www.safersys.org.
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