With the increasing frequency of civil litigation following crashes — including those involving commercial vehicles — Mike Hinsperger, a seasoned investigator with more than 30 years of experience currently with Frontline Commercial Vehicle Solutions, said evidence collection and scene management can protect drivers and fleets from civil suits.

At the recent Fleet Safety Council conference in Brampton, Ont., Hinsperger shared what to prioritize while collecting evidence at crash scenes, from property damage to injury and fatality collisions.

“You can’t use what you don’t have,” he said.

Even property damage-only crashes have their risks despite often being treated like minor incidents. “Those are the ones [where] a year down the road, suddenly we get served with civil paperwork, and now we’re being sued for injury after the fact, and we have nothing to push back on.”

This becomes even more important in injury and fatal collision investigations. Hinsperger advised fleet operators not to rely solely on police reports, even though police usually do a thorough job at major injury and fatal crash sites.

“It’s better to have the evidence you don’t need than to need the evidence you don’t have,” he said.

Securing evidence and protecting the scene

Until the police arrives to the scene, it becomes critical for the fleet itself to document essential details like skid marks, vehicle positions, and surrounding elements, such as signage and road conditions.

“Key evidence at the collision scene can be destroyed before you know it,” Hinsperger said. “If emergency vehicles aren’t coming, protect the scene with another vehicle if you can.” He noted that deploying a familiar face from the fleet can be reassuring for drivers during such stressful moments.

Hinsperger outlined specific types of evidence fleet operators should prioritize, from wide-angle photos of the overall scene to close-ups of vehicle damage, identifying marks, and licence documents. He stressed the importance of gathering witness statements and photographing other drivers’ records to ensure accuracy and support against potential claims. Hinsperger also advised operators to take a photo of the driver to confirm their identity, preventing complications if documents are falsified.

He also encouraged documenting the individuals involved in the crash, including photographing the driver and passengers of other vehicles. “Photograph the driver and passengers of the other vehicles where they were situated in the vehicle and any visible injuries,” he said.

Hinsperger further emphasized the importance of documenting traffic signs and signals, too, since they may impact liability, especially in adverse conditions.

“If a stop sign is snow-covered and not visible, this needs to be documented at the moment, as it can support a driver’s account of events and potentially impact fault determination,” he explained. Photos showing the sign — obscured by trees, snow, or something else — could help prove that the driver was not at fault, potentially strengthening the fleet’s position in legal disputes.

Collaborating with police, but within limits

Hinsperger advised operators to cooperate fully with police but remain within their legal limits. Drivers are not required to give statements immediately and are encouraged to get legal advice if necessary before speaking.

“Don’t have those discussions at the scene with other drivers. Having those discussions with the police can come back and bite you as well.”

He also explained that police may seek dash cam footage or driver cell phones as evidence if distracted driving is suspected. “Police will seize [a cell phone] and get a warrant to download the portion of the information that may have contributed to the crash investigation,“ he said, noting that electronic data plays an increasing role in determining fault.

Post-crash vehicle inspections

Hinsperger recommended fleets conduct mechanical inspections of vehicles involved in crashes, even in seemingly minor incidents. He explained that evidence of mechanical soundness — or lack thereof — can be crucial in civil cases.

“A year down the road, when the civil suit starts, the condition of the truck is going to be something that’s claimed as part of the crash,” he explained. Conducting an internal or third-party inspection after the vehicle returns to the yard allows operators to document the truck’s condition and prepare for future liability claims.

Utilizing public, private camera footage

Camera footage from intersections, plazas, or residences can be highly valuable, and Hinsperger encouraged operators to investigate potential footage from surrounding areas.

“Intersection cameras are very, very valuable,” he said, explaining that intersection cameras and dash cams often provide insight into the moments leading up to the crash. When crashes occur at traffic light-controlled intersections, Hinsperger advised documenting the timing and function of the lights to help confirm right-of-way and signal status.

Hinsperger also highlighted the importance of recording any signs of driver impairment at the scene, whether related to alcohol, drugs, or physical impairment, and promptly involving police if impairment is suspected. He pointed out that “spontaneous utterances” from other drivers at the scene — such as comments about drinking before the crash — can also be documented to support later claims.