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Accident Scene
After conducting your initial client interview, the first thing that an attorney should do is get to the scene of the accident as soon as possible.  Any evidence still available should be immediately documented.  If possible, an investigator and an accident reconstruction expert should accompany you to the site of the accident to assist you in properly documenting all possible information.

Upon arrival at the scene of the accident, special effort should be made to photograph and video tape the following:

• The roadway, including views from both directions of travel, the shoulder and debris;
• All traffic signals, traffic signs and roadway markings; including photographs of the back of all signs to "date" their placement;
• The tractor trailer, including all equipment such as tires, lights, safety reflectors, under-ride protection guards and damage to the vehicle; (the tractor trailer may have already been towed to a local storage facility and, if so, examine it there).
• Your client's vehicle;
• All skid marks, gouge marks and other physical evidence.

Post Scene Investigation
After you have fully documented all the evidence at the scene of the accident through photographs and video, you should immediately identify all potential witnesses and contact them as soon as possible.  The quicker you are able to contact and interview witnesses of the accident, the more details you will be able to obtain.  All information should be thoroughly documented through internal memos and/or witnesses' statements so that you can properly refresh the witnesses' memories regarding details of the accident prior to any deposition and trial testimony.  If a witness' testimony is especially helpful, attempt to lock that testimony in through an affidavit or sworn statement.

Securing Client Vehicle
As soon as possible, you should determine the location of your client's vehicle and properly secure it at an appropriate storage facility.  Under no circumstances should you allow your client's vehicle to be repaired and/or altered.  The vehicle could become a vital piece of evidence in reconstructing the speed of the truck driver and other facts surrounding the accident.  Similarly, you should immediately write a spoliation letter to the trucking company and insist that the tractor trailer not be repaired or tampered with in any way until such time as you have had an opportunity for a complete and thorough inspection.   You should inspect it for all possible damage, mechanical failures such as tires or under-ride equipment and any other evidence you may be able to document.  While inspecting the 18-wheeler, you should look for identification marks that would show the owner of the tractor and the owner of the trailer.

Driving Records
Upon learning the identity of the driver, you should obtain a complete copy of the driver's driving record.  It is usually helpful to obtain a full driving history (verses a normal five (5) year driving history) from, at a minimum, the state in which the driver is licensed and the state in which the accident occurred.  Often you will be able to uncover violations from one state's history that are not listed on another state's report.  You should also order any information the DOT has on the driver.

Accident Reports
As soon as possible you should obtain a copy of the uniform traffic accident report to obtain the benefit of the officer's initial investigation of the accident.  Carefully review this report to determine the noted prime contributing circumstance and determine whether the investigating officer has listed any mechanical failure.  Additionally, the report should be reviewed to determine whether any photographs were taken of the scene by the investigating officer and whether there were any witnesses.  Any photographs of the scene should be obtained through a subpoena and all witnesses identified should be contacted."

To read the entirety of this article, please refer to the attached pdf document.