Who investigates a fatal crash and what they're looking for
When a driver dies in a crash on Interstate 95, the state police take control of the scene and the investigation. In most states, the highway patrol or state police agency has jurisdiction over interstate incidents. They document the scene with photographs, measurements, and witness statements before the vehicles are removed. Their job is to determine what happened mechanically and behaviorally — speed, road conditions, vehicle defects, driver impairment, and whether any traffic laws were broken.
The investigation typically takes weeks or months. Troopers will pull data from the vehicle's event data recorder (the car's black box), review dashcam or traffic camera footage if available, and interview witnesses. They may also consult accident reconstruction specialists if the crash is complex. The goal is to produce a crash report that documents facts, not just conclusions — the angle of impact, the final resting positions, skid marks, and what each witness saw.
Key Takeaways
- State police control the scene and investigation; they determine facts about how the crash occurred and whether traffic laws were violated.
- The crash report becomes public record and is used by insurance companies, civil attorneys, and family members to understand what happened.
- Criminal charges are possible if the driver who caused the crash was speeding recklessly, impaired, or driving with a suspended license, but they require proof of willful or negligent conduct.
- The family of the deceased driver can file a wrongful death lawsuit against the other driver or against third parties like a truck company or road maintenance contractor.
- Interstate 95 crashes often involve commercial trucks, which triggers additional federal investigation by the National Transportation Safety Board if the crash is severe enough.
When the crash report becomes public and who can get it
The state police crash report is public record in all 50 states, though the timeline for release varies. Most states release the report within 30 to 60 days, though complex investigations can take longer. You can request it directly from the state police agency that handled the crash — usually by calling the barracks that covers that stretch of I-95 or submitting a public records request online.
Insurance companies and attorneys also request these reports when ready. If you are the family member of the deceased driver, you have the right to the report. If you are the driver who caused the crash, your insurance company will obtain it on your behalf. The report will include the officer's narrative, measurements, photographs, and any citations issued — but it will not include the officer's opinion about fault, which is a legal information, not a factual one.
Criminal charges and what triggers them
A driver can face criminal charges after a fatal crash only if their conduct was willful or grossly negligent — not straightforward because the crash happened. Charges vary by state but commonly include vehicular manslaughter, reckless driving causing death, or driving under the influence causing death. The prosecutor must prove the driver's actions directly caused the death and that those actions violated a specific law.
Common scenarios that lead to charges: the driver was speeding 30 miles per hour or more over the limit, was driving impaired (blood alcohol or drug levels above the legal limit), was texting or otherwise distracted, was driving with a suspended or revoked license, or was street racing. A single mistake — drifting into another lane, misjudging distance — is not enough. The conduct has to show disregard for human life.
If charges are filed, the case goes through the criminal justice system: arraignment, discovery, possible plea negotiations, and trial if the case does not settle. The family of the deceased can attend hearings and provide a victim impact statement at sentencing, but they do not control whether charges are filed — the prosecutor does.
Wrongful death lawsuits and civil liability
Separate from any criminal case, the family of the deceased driver can file a civil wrongful death lawsuit against the driver who caused the crash. This lawsuit seeks money damages for medical expenses (if the victim survived briefly), funeral costs, lost wages the deceased would have earned, and loss of companionship. The standard of proof in civil court is lower than in criminal court — the plaintiff must show it is more likely than not that the defendant caused the death through negligence, not prove guilt beyond a reasonable doubt.
The defendant's insurance company typically defends the case and pays any judgment up to the policy limit. If the defendant was uninsured or underinsured, the family may also have a claim under their own uninsured motorist coverage. The lawsuit can also name third parties — a trucking company if a commercial truck was involved, a road maintenance contractor if a pothole or debris caused the crash, or a vehicle manufacturer if a defect contributed.
Federal involvement if a commercial truck is involved
If the fatal crash involves a commercial truck (18-wheeler, dump truck, or other vehicle over 10,000 pounds), the National Transportation Safety Board (NTSB) may open a parallel investigation. The NTSB does not investigate every truck crash — they focus on those with multiple fatalities, unusual circumstances, or systemic safety issues. When they do investigate, they have authority to subpoena records, interview drivers and company officials, and examine the truck's maintenance logs and electronic logging device data.
The NTSB investigation is separate from the state police investigation and the civil lawsuit. The NTSB publishes findings and safety recommendations, which can influence future regulations but do not determine liability in court. However, the NTSB's findings are often cited in wrongful death lawsuits because they carry significant weight with juries and judges.
What happens to the vehicles and evidence
After the crash scene is cleared, both vehicles are typically towed to an impound lot controlled by the state police or a contracted facility. They remain there while the investigation is ongoing. Once the investigation is complete and any criminal or civil case is resolved, the vehicles are released to the owners or their insurance companies. If the owner cannot be located or does not claim the vehicle, it may be sold at auction or scrapped.
Evidence collected at the scene — photographs, measurements, dashcam footage, witness statements — is stored by the investigating agency and becomes part of the crash report. This evidence is discoverable in civil litigation, meaning both sides in a lawsuit can request it. If criminal charges are filed, the prosecutor must share evidence with the defense attorney under discovery rules.
How to obtain more information if you are involved
If you are the family member of the deceased driver, contact the state police barracks that handled the crash and ask for the case number and the investigating officer's name. Request the crash report by name or case number. You can also contact the prosecutor's office in the county where the crash occurred to ask whether criminal charges have been filed or are being considered.
If you are considering a wrongful death lawsuit, consult a personal injury or wrongful death attorney in your state. They can obtain the crash report, subpoena additional evidence, and advise you on the strength of a claim. Many attorneys work on contingency, meaning they take a percentage of any settlement or judgment rather than charging an upfront fee. An initial consultation is often free.
Frequently Asked Questions
Can the family of the deceased driver sue the other driver even if criminal charges are not filed?
Yes. Criminal charges and civil lawsuits are separate. A prosecutor may decide there is not enough evidence to prove guilt beyond a reasonable doubt, but a civil jury may still find the defendant liable based on the lower standard of preponderance of the evidence. Conversely, a driver can be acquitted in criminal court and still lose a civil case.
What if the deceased driver was partly at fault for the crash?
Most states use comparative negligence, meaning the jury assigns a percentage of fault to each party. If the deceased driver was 40 percent at fault and the other driver 60 percent, the family's recovery is reduced by 40 percent. A few states use contributory negligence, which bars recovery entirely if the deceased driver was any percentage at fault — but this is rare.
How long does a wrongful death lawsuit take?
Most cases settle within one to three years, though complex cases involving commercial trucks or multiple parties can take longer. If the case goes to trial, add several months for jury selection and trial itself. During this time, the family can request periodic updates from their attorney and may receive settlement offers from the defendant's insurance company.
What if the other driver does not have insurance?
You can file a claim under your own uninsured motorist coverage, which covers damages caused by a driver without liability insurance. The coverage limit is usually lower than standard liability limits, but it provides a source of recovery when the at-fault driver cannot pay. Your insurance company will investigate and negotiate just as they would in a standard claim.
Can I get the crash report before the investigation is complete?
Most states allow you to request the report as soon as it is filed, even if the investigation is ongoing. However, some states may redact certain information if a criminal investigation is active. Ask the state police when you request the report — they will tell you what is available and what is being withheld temporarily.