Red Flags Adjusters Should Look for in Truck Accident Claims Investigations

When a commercial truck is involved in a serious accident, claims professionals face a complex investigation with multiple parties, extensive regulations and potentially massive exposure.

As an attorney who has handled hundreds of these cases from the plaintiff’s side, I can share what we look for—and what claims professionals should know about the evidence landscape.

Understanding what to look for—and what red flags indicate elevated risk—can make the difference between an efficient resolution and a nuclear verdict. With trucking and automotive sectors seeing 15 substantial verdicts totaling more than $4.1 billion in 2024 alone, the stakes of every investigation have never been higher.

The Unique Evidence Landscape

Commercial vehicle accidents generate evidence that passenger car crashes do not. Understanding these sources is essential for accurate claim evaluation.

According to the Federal Motor Carrier Safety Administration’s (FMCSA) Large Truck and Bus Crash Facts report, 4,807 people were killed in crashes involving large trucks in 2023—an 11% decline from 5,417 fatalities in 2022. While overall crash numbers are improving (total crashes involving large trucks fell 7%, from 168,816 to 156,553), the litigation environment is moving in the opposite direction.

Electronic Logging Device (ELD) Data

Since the 2017 Electronic Logging Device mandate, most commercial drivers must use electronic logs. The National Highway Traffic Safety Administration has identified driver fatigue as a factor in roughly 13% of large truck crashes. ELD data can reveal hours of service compliance, driving patterns, and potential fatigue factors.

Red flags to look for:

• Hours of service violations in the days leading up to the crash
• Patterns of driving during high-fatigue windows (2-4 a.m.)
• Last-minute log edits or unassigned driving time
• Discrepancies between ELD data and other records

Driver Qualification Files

Federal regulations require carriers to maintain extensive documentation on each driver. Gaps in these files often indicate negligent hiring or supervision. FMCSA data shows that driver-related factors are the critical reason in roughly 87% of large truck crashes, underscoring why driver qualification scrutiny is essential.

Key documents to review:

• Application and employment history verification
• Motor vehicle record (MVR) from the past three years
• Medical examiner’s certificate
• Road test certification or equivalent
• Annual MVR review documentation

Vehicle Maintenance Records

Commercial vehicles require systematic inspection and maintenance. The Driver Vehicle Inspection Report (DVIR) documents pre-trip and post-trip inspections. According to the Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck data, roughly 20% of commercial vehicles inspected are placed out of service annually for safety violations—with brake-related issues consistently topping the list.

Warning signs:

• Incomplete or missing DVIRs
• Pattern of deferred repairs
• Inspection defects related to the accident (brake issues, tire condition, lighting)
• Gaps in preventive maintenance schedules

Common Carrier Violations That Indicate Negligence

Certain violations create significant exposure because they directly connect to accident causation and suggest systemic safety failures.

Hiring Failures

Under 49 CFR 391.23, carriers must investigate a driver’s safety history before hiring. FMCSA’s Pre-Employment Screening Program (PSP) gives carriers access to a driver’s five-year crash history and three-year inspection history from the agency’s Motor Carrier Management Information System (MCMIS). Failing to utilize PSP records, overlooking serious MVR violations, or hiring drivers with disqualifying conditions creates substantial negligent hiring exposure.

Training Deficiencies

While regulations establish minimum qualifications, many carriers provide inadequate training—particularly for new drivers or those transitioning to unfamiliar equipment. FMCSA’s 2022 Entry-Level Driver Training (ELDT) rule established new minimum standards, but compliance gaps remain common. Look for:

• Minimal orientation programs
• No documented behind-the-wheel training
• Absence of remedial training after prior incidents

Supervision Gaps

Carriers are responsible for monitoring driver performance. FMCSA’s Safety Measurement System (SMS) tracks carrier safety data across seven Behavior Analysis and Safety Improvement Categories (BASICs), including Unsafe Driving, Hours-of-Service Compliance and Crash Indicator. When a carrier’s SMS scores show persistent safety concerns that went unaddressed, or when prior accidents and near misses produced no corrective action, the carrier’s supervision failures become central to liability.

Working with Accident Reconstruction

Complex commercial vehicle crashes often require expert reconstruction. Effective claims handling means knowing when reconstruction is necessary and what questions to ask.

NHTSA’s Fatality Analysis Reporting System (FARS) data shows that multi-vehicle crashes involving large trucks are disproportionately fatal—74% of fatalities in large truck crashes are occupants of the other vehicle. This asymmetry means reconstruction is especially critical for establishing causation and apportioning liability.

Consider reconstruction when:

• Liability is disputed
• Speed or following distance is at issue
• Equipment failure may have contributed
• Multiple vehicles are involved with conflicting accounts

Reconstruction experts can analyze:

• Event data recorder (EDR) information
• Scene evidence (skid marks, debris patterns, point of impact)
• Vehicle damage patterns
• Driver sight lines and reaction time

Red Flags for Elevated Exposure

Certain case characteristics signal potential for adverse outcomes. The American Transportation Research Institute (ATRI) has documented that nuclear verdicts of $10 million or more in commercial vehicle cases are rising sharply, driven by sophisticated plaintiff strategies and shifting juror demographics. Watch for:

• Prior similar incidents involving the same driver or carrier
• Safety violations in the driver’s file that went unaddressed
• Corporate policies that prioritize productivity over safety
• Destruction or spoliation of evidence
• Attempts to minimize documentation
• Carrier SMS scores in the “alert” range across multiple BASICs

When these factors are present, early reserve evaluation should account for potential punitive damages exposure in applicable jurisdictions.

Commercial truck accident claims require familiarity with unique evidence sources and regulatory frameworks. Adjusters who understand what to look for—and what red flags indicate—can evaluate exposure accurately and avoid the surprises that lead to adverse outcomes.

The key is recognizing that these are not just accident cases. They are windows into carrier safety culture. What the evidence reveals about hiring, training, supervision, and maintenance often matters more than what happened at the scene.

Bruning is an attorney at Bruning Law Firm in St. Louis, Missouri. The views expressed are educational and do not constitute legal advice.