If not for the 911 calls and the body cam footage, the black box data and eyewitness report, Gerald English’s family may have never learned why he died on the morning of February 24, 2022.
After a semi-truck wreck, time is of the essence. Evidence is lost, altered or destroyed with each passing day.
Why is it so important to have a rapid response team investigating a crash? Let’s look at one family’s story and how a team of experts brought them answers — and, more importantly, closure.
The Search for Answers After a Fatal Wreck
Police reported that Gerald English, 58, died on February 24, 2022, in an accident he caused.
Perhaps it was speed or inattention that caused his car to strike the back of a flatbed trailer with a force intense enough to kill him on impact and engulf the van in flames.
When Mr. English’s family members heard this narrative, they were skeptical. It couldn’t be right. They knew him as a safe, responsible driver with years of experience to prove it.
They had two choices: accept the story and live with their doubt, or start digging for answers. They chose the second one. In March, less than a month after the fatal wreck, the English family contacted wrongful death and personal injury law firm Craig, Kelley & Faultless.
Managing partner and nationally recognized truck accident attorney David Craig wasn’t sure if the family had a case. But he promised he would do everything in his power to find the truth behind Mr. English’s wreck.
Rapid Response to a Wreck is Critical
Knowing they couldn’t afford to wait any longer, Craig, Kelley & Faultless acted immediately. The team — comprised of two board-certified truck accident lawyers, a crash response team coordinator, and two paralegals — got to work.
They hired an accident reconstructionist who specialized in semi and other large-truck wrecks, as well as a private investigator.
In any commercial motor vehicle accident, the first step of investigation is contacting the police — in this case, the Indiana State Police. The team needed to look closely at the police report, which blamed Mr. English for the wreck. They needed to speak with the investigating officer and locate the vehicles involved.
The police report was concerning. It stated that I-70 near Terre Haute, Indiana, where the crash occurred, had been backed up with traffic for a few hours that morning. It said Mr. English hit the semi-trailer because it was stopped in this traffic. However, not a single witness was listed on the report.
If cars had been stopped along the interstate, someone would have seen the wreck.
Evidence Could Make or Break the Case. It Had to Be Preserved.
Semi-truck wrecks are different from collisions between passenger vehicles because there are numerous parties involved, and each must be investigated.
One key step in commercial trucking cases is to send Preservation of Evidence letters to everyone involved: the semi-truck driver, trucking company, insurance carrier, police and vehicle holding facility.
In some cases, attorneys will also request temporary restraining orders to ensure that opposing parties do not touch, hide or alter any pieces of evidence. Unfortunately, Craig, Kelley & Faultless has seen cases where the defense destroyed crucial evidence or moved equipment out of state.
Inspecting the Vehicles Involved in a Collision
The trucking company’s lawyer called Craig, Kelley & Faultless and scheduled a vehicle inspection.
This is an important step in truck wreck cases, as it gives our experts and inside look at the semi tractor-trailer, its equipment and mechanics, and the data preserved on it. Black box data comes from a vehicle’s event data recorder. This is part of the engine electronic control module (ECM).
Downloading the ECM and examining the black box data can show investigators a truck’s speed, acceleration, braking, and other engine performance metrics. Attorney David Craig participated in the inspection in Mr. English’s case.
At the inspection, the team was unable to collect any information from Mr. English’s van because it was burnt beyond recognition. However, the semi-truck’s data showed that the vehicle was fully stopped at the time of the crash, and it had rear-end damage.
This is when inspectors discovered that the trailer and its tarp were black, and that the vehicle and trailer lights were off at the time of impact.
What Evidence Can Police Provide After a Crash?
The firm subpoenaed the 911 calls made the morning of the wreck, as well as the responding officers’ body cam and dash cam footage. The video footage revealed that there was no traffic nearby when the first trooper approached the crash.
And, though the police report listed no witnesses, the law firm found one by listening to the 911 calls. Interviewing witnesses can often provide key bits of information about a wreck, and that is what happened in Mr. English’s case.
Piecing the Story Together
Another trucker had been heading down I-70 in western Vigo County that morning. It was dark out as he, in an adjacent lane, drove past the parked semi. He noticed it was powered down and unlit.
As this trucker wondered what was going on, he looked in his rearview mirror.
He saw the delivery van crash into the back of the trailer and catch fire. He knew then that no one could have survived the impact, he told investigators.
Having already passed the truck by the time the crash happened, the truck driver reported the accident to 911 and continued on his way. Since he did not stay at the scene, he wasn’t listed on the police report.
With all this evidence assembled, the team began to understand. Stuck in standstill traffic, the driver of the truck and flatbed trailer powered his equipment down to save fuel. He wandered back to his sleeper berth, where he likely fell asleep. By the time he woke up and returned to the cab, the surrounding traffic had cleared. Everyone had moved on but him.
The truck was still there, sitting on the highway with no lights to notify others of its presence, when Mr. English’s van rammed into it.
Craig, Kelley & Faultless was able to share this narrative with Mr. English’s family. They were relieved, grateful to know that their husband, father, grandfather had not negligently caused his own death.
If We Hadn’t Acted Quickly, Evidence Would Have Been Lost.
What if the family had waited months or years to call a law firm?
Would the trucker who witnessed the crash have remembered all the details? Would the truck have been preserved, its ECM available for download?
The truth is, many motor carriers and insurance companies prioritize profit over human life. If a semi driver is involved in a crash, they often contact their employer before calling 911. The defense attorneys act quickly to protect their drivers — which is why victims must act with equal urgency.
Today’s technology makes accident reconstruction easier than ever before. Drones can capture aerial views of a wreck site. 3D scanners can use lasers to reproduce the scene. We can download dash cam footage, vehicle data and nearby businesses’ surveillance videos.
However, each of these tasks must be completed as soon as possible.
Other data that must be retrieved before it is altered or deleted includes:
- The truck driver’s logbooks
- Truck maintenance and inspection records
- Cell phone records and data
- Results from drug and alcohol tests
- The trucker’s employment and driving history
Why Police Investigation of a Crash Is Not Enough
Local and state law enforcement agencies often lack the resources, time and equipment necessary to conduct a thorough investigation of a truck wreck. They try to use surface-level information to establish fault, but this cannot be taken as absolute truth.
Experienced truck wreck attorneys know that a rapid response team can look at a collision from every angle to determine what really happened. They will have a network of experts ready to get to work once hired.
Corruption is a problem in the commercial trucking industry. Some drivers lose their licenses, then change their names and become re-licensed in different states. Some trucking companies hire drivers without conducting background checks or ensuring they have received proper training.
At Craig, Kelley & Faultless, our attorneys know what it takes to represent injured victims of commercial motor vehicle wrecks. We have helped Mr. English’s family and thousands of other families receive financial compensation and closure.
Our attorneys represent clients across the country and are licensed to practice in Indiana, Illinois, Ohio, Missouri, Kentucky, Tennessee and Iowa.
For a free case consultation, contact us today at (800) 746-0226 or with 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.
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