Fatal Car Accident Investigation Procedure

Michael S. Callahan | | Car Accident Lawyer
fatal car accident investigation procedure

Car accidents in Houston, Texas are a daily occurrence and can often leave individuals with serious injuries or even fatal injuries. Those left behind have to deal with the devastating loss of a loved one and the investigation that follows.

Having the support of a wrongful death lawyer from The Callahan Law Firm can help you during this difficult time, providing you with the guidance and legal representation you need.

When there is a fatal car accident in Texas, an investigation will follow. We take on the difficult parts of the investigation procedure and ensure that insurance companies do not take advantage of you while in a vulnerable position.

From the initial police reports to the detailed analysis by accident reconstructionists, each step plays a role in determining the cause and liability of the accident – let us help you get full justice under the law.

What is the Fatal Car Accident Investigation Procedure?

The fatal car accident investigation procedure focuses on determining the cause of what led to the accident and who is at fault. Proper investigations ensure all factors are considered, providing clarity for legal purposes and closure for the loved ones involved.

Law enforcement agencies play a pivotal role in this process, responding to the scene and launching an immediate investigation, providing crucial insights into how and why the accident occurred. The course of an investigation following a fatal car accident can vary, but generally, the process includes the following steps:

  • Collection of evidence: Police gather physical evidence from the scene, such as debris, skid marks, and vehicle damage.
  • Witness evaluation: Statements from eyewitnesses and any involved parties are documented to understand different perspectives of the accident.
  • Accident scene analysis: Detailed examination of the crash site, including road conditions, weather, and traffic signals, is conducted.
  • Vehicle inspections: Experts may inspect the vehicles involved to identify potential mechanical failures or defects.
  • Accident reconstruction: Specialists use gathered data to reconstruct the sequence of events, pinpointing the contributing factors to the crash.

Each of these steps ensures an accurate determination of fault, providing necessary evidence for any legal action.

Role of Law Enforcement in Fatal Car Accident Investigation

Several parties may be involved in investigating fatal car accidents, including:

  • Attorneys:
    Attorneys representing the bereaved families may conduct independent investigations, gathering evidence to build wrongful death cases. At the same time, lawyers representing at-fault parties may run their own investigations to craft defense strategies.
  • Insurance Companies:
    Insurance companies often initiate investigations when notified of a fatal accident. These investigations typically focus on gathering evidence and conducting interviews to minimize the insurer’s financial liability and reduce potential payouts to bereaved families.
  • Police:
    Law enforcement officers usually begin their investigation immediately after a fatal accident is reported. Upon arrival, officers collect evidence from the scene, interview witnesses, and document their findings in an official police report. This report is often available within a week or two and may be obtained online or in person. If any traffic laws were violated, involved parties could face citations or even criminal charges.
  • Other Companies:
    Entities such as trucking companies or vehicle manufacturers may also investigate accidents if their employees or products are involved. For example, a trucking company might investigate a crash to build a defense case if there are allegations of negligent hiring or unsafe trucks on the road.
  • Industry Regulators or Safety Authorities:
    State and federal regulators may investigate accidents that involve hazardous materials, road failures, or mass casualties. These investigations can take weeks or months and may result in detailed reports and penalties for companies or drivers who violate safety regulations.

While multiple parties may investigate a fatal car accident, not all investigations are focused on justice for the affected party, making an attorney a key component of your justice. Investigations may vary depending on the circumstances of the accident, and not every fatal crash will prompt involvement from all of these parties.

Accident Reconstructionists and Their Role

Accident reconstructionists may be needed when investigating fatal car accidents, particularly when the events leading to the crash are unclear. Reconstructionists are important in cases where witness accounts may be unreliable or there are no survivors to give testimony.

Emotions and trauma can cloud memories, and some individuals may hesitate to share details that could implicate themselves or others. In such cases, accident reconstruction helps establish an objective, fact-based understanding of the collision independent of subjective recollections.

These experts use scientific principles and physics to analyze the scene and recreate the sequence of events and may draw conclusions involving:

  • The sequence of events leading up to and during the crash.
  • If drivers accelerated or braked immediately before the crash.
  • The speed and movements of the vehicles.
  • The initial and final positions of the cars.
  • If the drivers could have averted the crash.

Timeline of the Investigation Procedure

Every fatal accident is unique. There is no direct timeline for the investigation period. Generally, simpler cases are completed at the scene of the crash, in which case the investigating officer will file the report shortly after.

However, in more serious cases, such as those involving fatalities, more time and resources to investigate may be needed. In such cases, insurance companies are usually allowed 60 days to complete the investigation. While waiting can be frustrating, this extra time will ultimately benefit you.

How We Can Help You During A Fatal Car Accident Investigation Procedure

For over 25 years, The Callahan Law Firm’s Houston wrongful death lawyers have fought for the rights of bereaved families across Houston.

If you or your loved ones are facing the aftermath of a fatal car accident, don’t hesitate to contact us for a no-fee consultation. Let us help you through the complexities of the investigation and fight for the closure and compensation you deserve under the law.

FAQ:

What are the steps of accident investigation?

The typical steps in an accident investigation include:

  • Securing the accident scene to preserve evidence.
  • Collecting evidence such as debris, skid marks, and vehicle damage.
  • Interviewing witnesses and involved parties.
  • Analyzing the scene using accident reconstruction to understand the events.
  • Report findings and determine liability based on the evidence.

What are the four major stages of the accident investigation?

The four major stages are:

  • Scene investigation: Gathering evidence from the location of the accident.
  • Fact analysis: Evaluating witness statements, vehicle data, and environmental conditions.
  • Reconstruction: Recreating the events leading up to the accident.
  • Conclusion and reporting: Identifying causes and responsible parties.

What happens in a fatal accident?

In a fatal accident, law enforcement and other investigators are called to the scene to assess the situation. They document the facts, collect evidence, and may involve accident reconstructionists to determine the cause of the crash. Insurance companies, regulators, or attorneys may sometimes conduct separate investigations to establish liability and pursue legal claims.

What are the five key questions to ask in accident investigations?

The five key questions to ask during an accident investigation are:

  • What happened? Document the events leading up to the accident.
  • Who was involved? Identify all parties and witnesses.
  • Where did it happen? Pinpoint the location and environmental conditions.
  • Why did it happen? Determine the root cause of the accident.
  • How can future accidents be prevented? Identify preventative measures for similar incidents.