Looking at the burning remains of the delivery van, police figured it was a classic rear-end wreck.
They figured the driver was distracted, probably speeding, and didn’t have time to swerve before smashing into the back of a tractor-trailer stopped for traffic.
They were wrong.
The tragic death of Gerald English and his family’s quest for the truth is a powerful testament to the importance of thorough investigation after a commercial motor vehicle wreck. Mr. English lost his life, and the accident report blamed him.
Here’s what happens when the police get it wrong.
Why You Shouldn’t Take Police Accident Reports at Face Value
According to the police report, this is what happened the morning of February 24, 2022:
Traffic had been stopped for at least two hours on I-70 near Terre Haute, Indiana. A semi with a flatbed trailer was one of the vehicles stopped in traffic. A delivery van driven by 58-year-old Gerald English was traveling at highway speeds when he, failing to notice the stopped semi, plowed into the back of the trailer.
He died on impact, and the van burst into flames.
The Indiana State Police accident report listed this information and concluded that Mr. English was fully responsible for the wreck.
Something Seemed Off. The Family Wanted Answers.
Cindy English, wife to the man killed in the crash, called personal injury and wrongful death law firm Craig, Kelley & Faultless. She was distraught, confused and overwhelmed by grief.
She and her daughters could not believe that Mr. English — an experienced driver who had always been careful, planned his routes ahead of time and never drove while distracted or drowsy — had caused the wreck that killed him.
They needed to know the truth, and they wanted Craig, Kelley & Faultless to help them find it. The family hired the firm after that first phone call.
How Our Attorneys Proved the Police Report Wrong
Once the English family hired Craig, Kelley & Faultless, managing partner David Craig assembled a team to investigate the wreck. The crash response team coordinator accessed the police report. Something immediately stood out: There were zero witnesses listed.
The report confirmed that traffic on I-70 had been jammed for a couple of hours, which was why the semi-truck was stopped. But if dozens of cars were stuck on the highway, why didn’t anyone witness the wreck?
The team was also intrigued by the trucker’s statement to police. He told them that, when the crash occurred, he was about to resume driving. Before the crash, he had been in his truck’s sleeper berth.
Attorneys David Craig and Scott Faultless, both of whom are board certified in truck accident law and have represented dozens of semi-truck wreck victims, knew that the police report was not telling the full story.
By hiring an accident reconstructionist and a private investigator, subpoenaing all evidence, and examining the semi-truck and flatbed trailer, the Craig, Kelley & Faultless team determined that the police report was wrong.
Mr. English was not responsible for the wreck.
This Isn’t Unusual — Accident Reports Are Often Wrong or Incomplete
When a wreck causes injury or property damage, police arrive at the scene and jot down a few bits of information to create an accident report. This should include:
- Date and location
- Drivers’ names and contact information
- Insurance information
- Vehicles involved
- Witnesses and statements
- Accident description (sometimes includes a diagram)
These reports are important. But they are not final, and they are often incomplete.
Unless the police suspect criminal activity, like drunk driving, they usually produce a brief report. Without the manpower, time, resources or equipment to thoroughly investigate every crash that occurs, police focus on collecting the necessary information and re-opening the roadways.
Common errors on police reports include lack of witness statements, incorrect accident descriptions, and incomplete information. Police officers have a limited view of the crash yet are responsible for describing its circumstances and assigning fault. Sometimes, these reports fail to mention roadway or weather conditions, vehicle damage, or resulting injuries.
What Really Happened in the Fatal Semi Tractor-Trailer Wreck?
Thorough investigation revealed the tragic circumstances of Mr. English’s death.
On the morning of February 24, 2022, when it was still dark, Mr. English was driving down I-70 in western Vigo County. Ahead of him, a semi sat parked, powered down, and pitch-black on the highway.
The flatbed trailer and the tarp covering the load were black. Stopped in traffic, the truck driver had turned off his equipment to save fuel. He went to the sleeper berth, where he most likely fell asleep. By the time he returned to the cab, traffic had moved on.
The commercial motor vehicle was dark and still when Mr. English drove toward it unknowingly. The impact killed him, and his van was engulfed in flames. The truck driver had no serious injuries.
Craig, Kelley & Faultless reached this conclusion after talking to a witness who had called 911 but did not stop for the wreck. If the family had not hired an attorney to investigate the crash, they never would have learned that Mr. English had done nothing wrong.
Discovering the truth couldn’t bring the family’s lost loved one back. But it brought them closure to know that their intuition was correct. Mr. English had been the safe, responsible man they knew him to be.
Is it Possible to Fix a Flawed Motor Vehicle Accident Report?
If you’ve been in a wreck that someone else caused, it can be frustrating to see a flawed police report. However, it is important to have the document corrected if it has wrong or missing information.
As police reports are official documents, they play a part in determining whether you can receive compensation for your injuries. In a personal injury or wrongful death case, you must be able to prove that you were not responsible for the accident. If the report assigns fault to you, insurance companies will likely deny you compensation.
An experienced attorney can help you:
- Review the report for accuracy
- Investigate the accident and gather evidence
- Communicate with law enforcement agencies
- Document any amendments to the report
- Navigate the claims process and receive fair compensation
Time Is of the Essence
It is vital that you contact an attorney as soon as possible if you suspect your police report is wrong. Each day, it becomes harder to prove your innocence, especially in cases involving commercial motor vehicles.
Cindy English and her family hired Craig, Kelley and Faultless less than a month after Mr. English died in the wreck. If they had waited much longer, the crucial pieces of evidence that proved his innocence may have been destroyed, deleted or hidden.
Not all police departments are equal, but many of them lack the resources or expertise to conduct accident reconstructions or download a large truck’s vehicle data. Sometimes, even when they try to report the full story, they fail.
This is why attorneys who handle these types of wrecks — wrecks involving semi-trucks, flatbed trailers, box trucks, dump trucks, etc. — can help victims sort through the confusion.
We Will Find the Truth Behind Your Truck Crash
Craig, Kelley & Faultless settled the English family’s case. The family was grateful for financial compensation, but that is not what mattered most to them. Learning the full story eased their minds.
So often, when families lose a loved one to a catastrophic truck wreck, their main question is, “Why did this happen?”
The attorneys at Craig, Kelley & Faultless are prepared to help you answer this question.
No one should be injured or killed because of a truck driver’s negligence. Our 10 attorneys represent victims and families of victims across the country and are licensed to practice in Indiana, Illinois, Ohio, Kentucky, Missouri, Iowa and Tennessee. We have the resources to investigate your crash and fight insurance companies and motor carriers.
Contact us for a free case consultation at (800) 746-0226 or through our online form.
David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.