Fleets urged to step up accident investigation practices due to increased litigation risks

With the increasing frequency of civil lawsuits following accidents, including those involving commercial vehicles, evidence collection and scene management can protect drivers and fleets from civil lawsuits, said Mike Hinsperger, a veteran investigator with more than 30 years of experience at Frontline Commercial Vehicle Solutions. .

At the recent Fleet Safety Council conference in Brampton, Ontario, Hinsperger shared what to prioritize when collecting evidence at crash scenes, from property damage to injuries and fatal collisions.

“You can’t use what you don’t have,” he said.

Even accidents that cause only property damage have their own risks, although they are often treated as minor incidents. “These are situations where we are suddenly served with civil papers a year later and now we are being sued for personal injury after the fact and we have nothing to fall back on.”

This situation becomes even more important in injury and fatal crash studies. Hinsperger advised fleet operators not to rely solely on police reports, although police often do extensive work at major-injury and fatal crash sites.

“It’s better to have evidence you don’t need than to need evidence you don’t have,” he said.

Security of evidence and protection of the crime scene

When police fail to respond to minor incidents, it becomes critical for the fleet to document basic details such as skid marks, vehicle locations and surrounding elements such as signage and road conditions.

“Important evidence at the crash scene can be destroyed without you even realizing it,” Hinsperger said. “If emergency vehicles are not arriving, protect the scene with another vehicle if possible.” He noted that deploying a familiar face from the fleet can be reassuring for drivers during such stressful moments.

Hinsperger outlined specific types of evidence that fleet operators should prioritize, from wide-angle photographs of the general crime scene to close-ups of vehicle damage to identifying marks and licensing documents. He emphasized the importance of collecting witness statements and photographing other drivers’ records to provide accuracy and support against potential claims. Hinsperger also advised operators to take a photograph of the driver to verify their identity, avoiding complications that could arise if the documents were forged.

He also encouraged documentation of people involved in the crash, including photographing the drivers and passengers of other vehicles. “Take photos of the drivers and passengers of other vehicles, where they are in the vehicle, and any visible injuries,” he said.

Hinsperger also emphasized the importance of documenting traffic signs and signals, as they can impact liability, especially in adverse conditions.

“If a stop sign is covered in snow and not visible, this needs to be documented at this time as it could support the driver’s version of events and potentially impact fault finding,” he explained. Photos showing the sign obscured by trees, snow or something else can help prove the driver was not at fault and potentially strengthen the fleet’s position in legal disputes.

There is cooperation with the police, but within limits

Hinsperger advised operators to fully cooperate with police but stay within legal limits. Drivers are not required to give evidence immediately and are encouraged to seek legal advice before speaking if necessary.

“Don’t have these kinds of arguments with other drivers at the scene. Having these arguments with the police can come back and bite you, too.”

He also explained that if there is suspicion of distraction, police may search for dashcam footage or the driver’s mobile phone as evidence. “The police will seize (a mobile phone) and obtain permission to download some of the information that may contribute to the accident investigation.“ He pointed out that electronic data is playing an increasing role in fault detection.

Post-accident vehicle inspections

Hinsperger suggested fleets conduct mechanical inspections of vehicles involved in crashes, even in seemingly minor incidents. He explained that evidence of mechanical soundness, or lack thereof, can be crucial in civil cases.

“A year later, when the civil suit begins, it will be alleged that the condition of the truck was part of the accident,” he explained. Conducting an internal or third-party inspection after the vehicle returns to the yard allows operators to document the condition of the truck and prepare for future liability claims.

Leverage public, private camera footage

Camera footage from intersections, plazas or residences can be extremely valuable, and Hinsperger encouraged operators to investigate potential footage from surrounding areas.

“Intersection cameras are very, very valuable” he said, explaining that intersection cameras and dash cams often provide information about the moments leading up to the accident. When accidents occur at intersections controlled by traffic lights, Hinsperger recommended documenting the timing and function of the lights to help verify right-of-way and signal status.

Hinsperger also emphasized the importance of recording any signs of driver impairment at the scene, whether related to alcohol, drugs or physical impairments, and notifying police immediately if impairment is suspected. He noted that “spontaneous statements” from other drivers at the scene (such as comments about drinking before the crash) could be documented to support later claims.