If you or a loved one has recently been involved in a fatal car accident, you are probably facing a long to-do list. Whether this is settling the affairs of a loved one, or a list of doctors’ appointments to address your own injuries, adding on a lawsuit to recoup some of your losses can seem insurmountable, even if it is necessary.
The car accident lawyers at Munley Law are here to help you with the heavy lifting. We will walk you through understanding how fatal car accidents are investigated. We will also investigate your situation and build an argument to help you maximize the compensation you recover so you can focus on adjusting to your new normal. Contact us today to schedule a free consultation.
There is no fee unless we win your case.
What Is the Process of Investigating a Fatal Car Accident?
Almost every car accident will undergo some kind of investigation. However, when the accident is fatal, the investigation process may be more extensive. Sometimes, deadly accidents are truly accidents, but they may also come from criminal behavior like drinking and driving, or other civil violations like speeding or distracted driving.
The purpose of investigating a fatal accident is to determine what happened, who is responsible, and whether the responsible party should face criminal charges. The evidence collected during the investigation may be used in criminal or civil proceedings.
The specifics of what the process looks like will depend on the details of the accident. For example, if both parties had an active dash cam that shows what happened, or surveillance footage that corroborates witness statements, you may not need to work with someone to recreate the accident.
If you decide to pursue a personal injury, wrongful death, or survival action following a fatal car accident case, a Munley Law attorney can help you investigate the incident. We often step in to start our investigation after the initial chaos, but many important parts begin at the crash scene.
Securing the Accident Scene
After any kind of major accident, the primary goal is to secure and preserve the scene. Oftentimes, this means that police and EMTs arrive to provide support such as traffic control, preliminary investigation of the scene, and medical treatment and transport.
In more severe accidents, first responders may include the fire department to help with rescue efforts and manage any fire or explosion risks. This helps protect evidence for the police investigation and allows the EMTs and paramedics to focus on their patients.
Documenting the Scene
Once the scene is safe, the police or other parties may begin to document the scene with photos. While physical evidence is important, it is impractical to bring a portion of a vehicle into the courtroom to show damage, but presenting a police report or photo evidence is often enough for a convincing argument.
Photo documentation provides evidence of what happened and begins the paper trail for the injuries that led to loss of life, as well as those for the accident survivors. When these photos include the surrounding areas like skid marks on the road or damage to property nearby, they can aid accident reconstruction experts in identifying exactly what happened.
Physical Evidence Collection
Physical evidence in a car accident may include the damaged vehicles, safety gear such as helmets or protective clothing for motorcycle riders, or items found in a vehicle, like drugs or alcohol. If one of the vehicles involved is a truck, your attorney may request black box data. The responding officers will typically collect this evidence, which may be used in a criminal case against the responsible party or for a civil case involving the drivers or injured parties.
Gathering Witness Statements
Eyewitness testimony remains a key component of many fatal accident investigations. Research has shown us that eyewitness accounts can be unreliable. However, when investigators interview witnesses properly and use the information in the appropriate context, it can be integral to providing context and support for your case.
How Long Does it Take to Investigate a Fatal Car Accident?
When you and your family are struggling in the aftermath of a fatal accident, it can be difficult to wait for a thorough vehicle crash investigation. The amount of time the investigation takes is specific to the case. If you’re asking, “How long does it take for police to investigate a car accident?” you are not alone. However, it can be difficult to predict. Police may resolve some investigations at the scene in just a few minutes, while others may take months.
One of the factors that may extend the time an investigation requires is if the National Transportation Safety Board (NTSB) steps in. This is typically reserved for severe accidents. NTSB traffic investigators will conduct an investigation and provide a report, along with safety recommendations. An example of this is the Delaware River Bridge incident.
Critical Roles in a Fatal Car Accident Investigation
When you investigate a fatal car accident, it’s not just the police officers who are important. It can take a significant amount of time for all of the necessary personnel to do the necessary evaluations and analyses to get the information you need. In many cases, the investigation and negotiation will wait until all parties have undergone some amount of medical treatment, as this can be important evidence.
It can be difficult to determine how long the investigation will take up front, but it is imperative that all parties remain patient and allow some of these critical roles to play their part.
First Responders
As the first on the scene, first responders play a key role in documenting the accident scene as it was before intervention, taking appropriate precautions to not disrupt the scene more than necessary, and speaking to the condition of the victim at their time of arrival.
If your loved one was alive when first responders showed up, you may be eligible to file a survival action on their behalf for what they endured prior to their death, which can have a profound impact on a civil case.
Medical Professionals and Forensic Experts
The paramedics and EMTs that respond to the accident are important, but after the incident, other professionals like the medical examiner and coroner will gather important information from examining your loved one.
A toxicologist can test body fluid samples from either party to determine if either driver was under the influence of drugs or alcohol prior to the accident. This can establish liability in a civil case for wrongful death as well as evidence in a criminal trial.
Insurance Representatives
In most fatal car accident cases, each party or their representative will deal with someone from their insurance company. For example, Pennsylvania is a choice no-fault insurance state, which means your initial claim should go through your own policy, or the policy your loved one held. Once you have reached the Personal Injury Protection (PIP) policy limits, you can pursue the rest of your damages through the at-fault party’s policy or personal injury lawsuit.
Expert Witnesses
Fatal accidents are often serious, which can make it difficult to determine exactly what happened. Munley Law works with expert witnesses to speak to relevant components of your case that may not be readily available in other ways.
In a fatal accident, this may be a toxicologist discussing the likely level of impairment based on certain chemical levels, an accident reconstruction specialists who can testify that the responsible party was exceeding the speed limit at the time of the accident, or a specialist who can discuss how the accident may have caused the injuries that resulted in your loss.
Our Car Accident Attorney Will Investigate a Fatal Accident on Your Behalf
We know the police officers and insurance representatives will do their own investigation into what happened. When you work with Munley Law, we will also investigate on your behalf. Depending on when you call us, we may follow a similar timeline for our investigation, particularly if we need to wait for medical results or vehicle repair estimates.
Our Investigations Address Comparative Negligence Concerns
Regardless of how long it takes, our team is committed to conducting a thorough investigation to determine all points of liability. Pennsylvania utilizes comparative negligence when it comes to liability. If the opposing party can show evidence that you or your loved one contributed to the accident, it may reduce your recovery or bar you from pursuing a lawsuit.
An in-depth investigation can prevent you from taking on unfair responsibility and avoid an unnecessary reduction of your recovery.
Call Munley Law For Support in Your Fatal Car Accident Investigation
Few would argue that being involved in a fatal car accident is stressful, regardless of how you or a loved one is involved. Working with a wrongful death or car accident attorney from Munley Law can provide you with peace of mind knowing that you have someone advocating for you during the investigation and making sure nothing is missed.
Our firm offers complimentary case consultations to give you an opportunity to discuss your case and ask valid questions like ‘How long does a car accident investigation take?’ You can contact us today to get started.
