Depending on the circumstances, a Pennsylvania car accident may lead to investigations by various parties. Both civil and criminal investigations may be necessary. The severity of personal injuries in an accident and who is involved may initiate a chain of investigations to determine fault and damages.
After a crash, knowing who investigates car accidents can help you move forward through the legal process. At Munley Law, a car accident attorney with our team can work with experienced investigators to protect your rights in a car crash investigation and seek the maximum compensation available.
There is no fee unless we win your case.
Who Is Responsible for Investigating a Car Accident?
There can be multiple parties who participate in the investigation of a car accident, including law enforcement, insurance adjusters, government agencies, and independent investigators.
An initial car accident investigation begins when law enforcement arrives on the scene. Local police officers or the Pennsylvania highway patrol will secure the scene. Their investigation and documentation about the incident can identify potential evidence of unlawful conduct. Law enforcement will take the following actions as part of a car crash investigation:
-
Assess parties for injuries and request emergency medical care
-
Conduct interviews with individuals in the accident and witnesses to the incident
-
Document their assessment of the accident
-
Identify potential external factors contributing to an accident
-
Assess the need for drug/alcohol testing or conduct field sobriety tests
-
Issue traffic violation citations
Police officers may also initiate further investigations by a traffic investigator when a failure to observe laws causes an accident and extensive damage or injury. Investigators will examine and photograph skid marks, accident debris, traffic lights or signs, and other contributors to an accident to thoroughly investigate the incident.
An accident reconstruction specialist may assist law enforcement and prosecutors with a car crash investigation when the incident involves criminal actions by an at-fault driver, business, or government entity. The reconstruction specialist may use physics and engineering principles to demonstrate why and how a car accident occurs. Their conclusions offer unbiased perspectives in a car crash investigation that may lead to criminal penalties.
What Is the Purpose of an Accident Report in a Car Crash Investigation?
Law enforcement will compile the information gathered from the accident scene investigation and file it in an official accident report. Their report will include key details about an accident that will contribute to any legal actions against an at-fault party and the insurance company’s investigation into a crash.
Accident reports include the date, time, and location of an accident. They also include law enforcement’s observations about the cause of the accident and evidence to support their investigation. Statements by parties to the accident and witness accounts are part of the report, as are citations or charges by the attending officer.
How Do You Tell Who is at Fault in a Car Accident?
Depending on the circumstances of the accident, the police report may indicate which driver was at fault based on the police officer’s assessment at the scene of the crash. However, some situations aren’t immediately clear or may require further investigation in order to assign fault.
If the car accident resulted in serious injuries or damage, insurance representatives, lawyers, and sometimes government agencies may investigate a car accident to determine exactly how the accident happened and who was at fault. This means collecting evidence, reviewing documentation of the scene, and consulting with experts.
Our personal injury lawyers representing clients in car accident claims may hire independent investigators and experts to determine fault in an accident or disprove findings by the insurance company.
How Long Does It Take for Insurance to Investigate a Car Accident?
The time it takes to investigate a car accident in a personal injury claim depends on the severity of the incident and the parties involved in the accident. The financial stakes in car accidents can be significant when severe injuries occur. In complex cases, working with specialists may be necessary as part of investigating fault in the following situations:
-
Left turn accidents and questionable right-of-way
-
Car accidents resulting from product liability
-
Rideshare accidents
Investigating a car accident can take several months, depending on the nature of the accident and the insurance companies’ uncertainty about who is at fault for causing the accident and the damages.
What Governmental Agencies Might Investigate a Car Accident?
Governmental agencies may investigate accidents to determine if dangerous conditions or policies contribute to an accident. Multiple accidents in an exact location may trigger a governmental agency’s investigation. High-profile accidents and accidents resulting in multiple deaths may lead to the following agencies investigating an accident:
-
PennDOT, when road conditions or freight movement plans potentially contribute to an accident or an increase in accidents
-
National Transportation Safety Board (NTSB), when a car accident involves commercial transportation, such as trains
-
Federal Motor Carrier Safety Administration (FMCSA), when commercial trucks cause a car accident
-
Occupational Safety and Health Administration (OSHA), when a car accident occurs in a construction zone
Agencies investigating car crashes seek to learn from an accident to prevent future incidents and prove legislative policies.
What Evidence May Be Used in a Car Accident Investigation?
Depending on the details of a car accident, Pennsylvania personal injury attorneys may work with other professionals in an investigation to document evidence in a claim. A car accident investigation may include documentation and testimony from these individuals to build your case and establish fault.
Expert witnesses: Possess specialized knowledge about aspects of a car accident and present technical information and evidence to a jury and judge in an understandable manner
Forensic specialists: Analyze data from the accident scene and digital data, such as event data recorders (EDRs), dashcams, surveillance footage, and other digital devices offering photographic evidence in the investigation and documentation of the cause of an accident.
Medical professionals: Document and explain the impact of injuries sustained in a car accident on your health, medical recovery, and need for past, current, and future medical treatment. Other professionals, like a medical examiner, may contribute to investigating the cause of death in a fatal car accident. Medical professionals may also offer expert opinions about the impact of medications on a person’s ability to operate a vehicle.
Now more common, cell phone records may become a part of evidence in a car accident case. As part of an investigation, the Pennsylvania car accident lawyer representing your case may subpoena phone records when evidence suggests an at-fault driver has broken the Pennsylvania hands-free law banning hand-held cell phone use while driving. Other evidence may be available to support the investigation into a car accident causing your injuries.
When Should a Car Accident Investigation Begin?
The personal injury attorneys at Muley Law begin securing evidence in a car accident investigation as soon as possible, before it is lost or manipulated. While the insurance company goes to work to protect its interests, the car accident attorney representing your case can begin taking the necessary steps to preserve evidence. Filing a legal action is often essential to protect evidence in an investigation.
Surveillance footage, dash cam video, and ERD data often record on a loop, writing over previous data, compromising evidence in a car accident. Manipulating evidence in an investigation may also occur when an investigation is delayed.
A personal injury attorney can file a preservation letter, formally informing a person or entity in possession of evidence in a car accident of their legal duty to preserve evidence in its current state. Taking immediate action strives to preserve the integrity of evidence in a car accident. It may also reduce the time it takes to investigate and settle a claim or case.
Should I Talk to a Car Accident Investigator?
Securing legal representation is always recommended before speaking with a car accident investigator from the at-fault party’s insurance company. Details about the cause of the accident may exist that you are unaware of. Statements you make to a claims adjuster can be used against you to weaken your claim and reduce your compensation.
While it is necessary to work with law enforcement and provide basic information after a car accident, speculating about the cause of an accident can impact your claim. A car accident attorney in Pennsylvania can serve as a mediator on your behalf in an investigation.
The Personal Injury Attorneys at Munley Law Can Investigate a Car Accident Causing You Injury
Munley Law offers trusted legal experience in investigating car accidents. Schedule a free consultation to discuss your damages and fault in a Pennsylvania car accident claim or lawsuit.
