{"id":242606,"date":"2024-10-30T15:26:53","date_gmt":"2024-10-30T15:26:53","guid":{"rendered":"https:\/\/dominiclevent.com\/blog\/?p=242606"},"modified":"2024-10-30T15:26:53","modified_gmt":"2024-10-30T15:26:53","slug":"fleets-urged-to-step-up-crash-investigation-practices-amid-rising-civil-litigation-risks","status":"publish","type":"post","link":"https:\/\/dominiclevent.com\/blog\/fleets-urged-to-step-up-crash-investigation-practices-amid-rising-civil-litigation-risks\/","title":{"rendered":"Fleets urged to step up crash investigation practices amid rising civil litigation risks"},"content":{"rendered":"\n
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With the increasing frequency of civil litigation following crashes \u2014 including those involving commercial vehicles \u2014 Mike Hinsperger, a seasoned investigator with more than 30 years of experience currently with Frontline Commercial Vehicle Solutions, said evidence collection and scene management can protect drivers and fleets from civil suits.<\/p>\n

At the recent Fleet Safety Council conference in Brampton, Ont., Hinsperger shared what to prioritize while collecting evidence at crash scenes, from property damage to injury and fatality collisions.<\/p>\n

\u201cYou can\u2019t use what you don\u2019t have,\u201d he said.<\/p>\n

Even property damage-only crashes have their risks despite often being treated like minor incidents. \u201cThose are the ones [where] a year down the road, suddenly we get served with civil paperwork, and now we\u2019re being sued for injury after the fact, and we have nothing to push back on.\u201d<\/p>\n

This becomes even more important in injury and fatal collision investigations. Hinsperger advised fleet operators not to rely solely on police reports, even though police usually do a thorough job at major injury and fatal crash sites.<\/p>\n

\u201cIt\u2019s better to have the evidence you don\u2019t need than to need the evidence you don\u2019t have,\u201d he said.<\/p>\n

Securing evidence and protecting the scene<\/strong><\/h2>\n

When police do not respond to minor incidents, it becomes critical for the fleet itself to document essential details like skid marks, vehicle positions, and surrounding elements, such as signage and road conditions.<\/p>\n

\u201cKey evidence at the collision scene can be destroyed before you know it,\u201d Hinsperger said. \u201cIf emergency vehicles aren\u2019t coming, protect the scene with another vehicle if you can.\u201d He noted that deploying a familiar face from the fleet can be reassuring for drivers during such stressful moments.<\/p>\n

Hinsperger outlined specific types of evidence fleet operators should prioritize, from wide-angle photos of the overall scene to close-ups of vehicle damage, identifying marks, and licence documents. He stressed the importance of gathering witness statements and photographing other drivers\u2019 records to ensure accuracy and support against potential claims. Hinsperger also advised operators to take a photo of the driver to confirm their identity, preventing complications if documents are falsified.<\/p>\n

He also encouraged documenting the individuals involved in the crash, including photographing the driver and passengers of other vehicles. \u201cPhotograph the driver and passengers of the other vehicles where they were situated in the vehicle and any visible injuries,\u201d he said.<\/p>\n

Hinsperger further emphasized the importance of documenting traffic signs and signals, too, since they may impact liability, especially in adverse conditions.<\/p>\n

\u201cIf a stop sign is snow-covered and not visible, this needs to be documented at the moment, as it can support a driver\u2019s account of events and potentially impact fault determination,\u201d he explained. Photos showing the sign \u2014 obscured by trees, snow, or something else \u2014 could help prove that the driver was not at fault, potentially strengthening the fleet\u2019s position in legal disputes.<\/p>\n

Collaborating with police, but within limits<\/strong><\/h2>\n

Hinsperger advised operators to cooperate fully with police but remain within their legal limits. Drivers are not required to give statements immediately and are encouraged to get legal advice if necessary before speaking.<\/p>\n

\u201cDon\u2019t have those discussions at the scene with other drivers. Having those discussions with the police can come back and bite you as well.\u201d<\/p>\n

He also explained that police may seek dash cam footage or driver cell phones as evidence if distracted driving is suspected. \u201cPolice will seize [a cell phone] and get a warrant to download the portion of the information that may have contributed to the crash investigation,\u201c<\/strong> he said, noting that electronic data plays an increasing role in determining fault.<\/p>\n

Post-crash vehicle inspections<\/strong><\/h2>\n

Hinsperger recommended fleets conduct mechanical inspections of vehicles involved in crashes, even in seemingly minor incidents. He explained that evidence of mechanical soundness \u2014 or lack thereof \u2014 can be crucial in civil cases.<\/p>\n

\u201cA year down the road, when the civil suit starts, the condition of the truck is going to be something that\u2019s claimed as part of the crash,\u201d he explained. Conducting an internal or third-party inspection after the vehicle returns to the yard allows operators to document the truck\u2019s condition and prepare for future liability claims.<\/p>\n

Utilizing public, private camera footage<\/strong><\/h2>\n

Camera footage from intersections, plazas, or residences can be highly valuable, and Hinsperger encouraged operators to investigate potential footage from surrounding areas.<\/p>\n

\u201cIntersection cameras are very, very valuable,\u201d he said, explaining that intersection cameras and dash cams often provide insight into the moments leading up to the crash. When crashes occur at traffic light-controlled intersections, Hinsperger advised documenting the timing and function of the lights to help confirm right-of-way and signal status.<\/p>\n

Hinsperger also highlighted the importance of recording any signs of driver impairment at the scene, whether related to alcohol, drugs, or physical impairment, and promptly involving police if impairment is suspected. He pointed out that \u201cspontaneous utterances\u201d from other drivers at the scene \u2014 such as comments about drinking before the crash \u2014 can also be documented to support later claims.<\/p>\n<\/div>\n\n

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