Truck Accident Investigation & Evidence Flashcards
6 cards from real Truck Accident Lawyer practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Truck Accident Investigation & Evidence flashcards as text
What is a 'scene inspection' and when should it be conducted after a truck accident?
Answer: A physical examination of the crash site to document road conditions, skid marks, and debris — ideally within days of the crash
Prompt scene inspections preserve perishable evidence like skid marks and road debris before they are washed away or cleared by road crews.
Which document records every person who has loaded, inspected, or accessed a cargo shipment carried by a truck?
Answer: Cargo manifest and bill of lading
The bill of lading and cargo manifest document shipment details and can reveal whether improper loading contributed to the accident.
What does an independent medical examination (IME) assess in a truck accident claim?
Answer: The nature and extent of the victim's injuries as evaluated by a physician chosen by the defense
In an IME, a defense-selected doctor examines the plaintiff to provide an independent opinion that may challenge the treating physician's findings.
What is the purpose of photographing a truck's undercarriage after an accident?
Answer: To document brake, suspension, and structural defects that may have contributed to the crash
Undercarriage photos can reveal worn brakes, cracked frames, or suspension failures that suggest the vehicle was negligently maintained.
Why is a post-accident drug and alcohol test of the truck driver legally required under FMCSA rules?
Answer: To determine if substance impairment contributed to the crash and establish a basis for enhanced liability
49 CFR Part 382 mandates post-accident testing when a fatality, injury, or vehicle tow occurs, creating a federally documented record of driver impairment.
What is 'spoliation of evidence' and what sanctions can a court impose if a trucking company destroys crash-related data?
Answer: Spoliation is the intentional destruction of evidence; courts may issue an adverse inference instruction or dismiss defenses
When a party destroys relevant evidence, courts may instruct the jury to presume the destroyed evidence was unfavorable to the spoliating party.