What to Do After a Truck Accident

What to Do After a Truck Accident

When you suffer an injury in a commercial truck accident, consult a Petersburg truck accident attorney right away. A truck accident lawyer can guide you and provide professional advice to aid in your pursuit of fair compensation.

Understanding Commercial Trucking Collisions

An overloaded and fast truck (TIR) overturned on an interurban road

While many believe trucking collisions resemble other types of accidents, like car crashes, certain details set them apart. A lawyer will understand the nuances concerning these collisions, including the common causes, liability, and serious injuries that regularly result.

Common Causes of Truck Accidents

Some of the most common causes of these accidents include:

  • Driver fatigue: Long hours on the road can lead to drowsiness and impaired reaction times.
  • Distracted driving: Use of mobile devices, eating, or adjusting controls can divert a driver’s attention.
  • Speeding: Trucks require longer stopping distances, and excessive speed can lead to loss of control and a stronger impact in a collision.
  • Inclement weather: Rain, snow, ice, or fog can affect visibility and traction, increasing the risk of accidents.
  • Mechanical failures: Lack of maintenance or faulty equipment, such as brakes or tires, can lead to collisions.
  • Inexperience: New or poorly trained drivers may not have the skills necessary to handle large vehicles safely.
  • Driving under the influence: Alcohol or drug use can seriously impact a driver’s ability to operate commercial vehicles, causing impaired judgment and slowed reaction times.
  • Aggressive driving: Tailgating, lane changes without signaling, and road rage can contribute to collisions. 
  • Inadequate trucking regulations compliance: Violations of federal or state regulations regarding driving hours, vehicle inspections and maintenance, and cargo loading can lead to unsafe conditions and avoidable accidents. 

Determining the cause of your truck accident is vital, as it can provide guidance concerning liability. A truck accident attorney can thoroughly investigate your collision if the cause is unknown or disputed.

Commercial Truck Accident Liability

Who is liable inscription on a page

Several parties can play a role in causing a truck accident.

Depending on the cause of the collision, some of the parties you can hold responsible include:

  • Truck drivers
  • Trucking companies
  • Truck or cargo owners
  • Cargo loaders
  • Maintenance and repair companies
  • Governmental entities
  • Product designers and manufacturers

In some cases, multiple parties may share liability. Your lawyer will understand who you can hold responsible for your collision and ensure you pursue compensation from the appropriate parties, giving you a greater chance of getting the compensation you deserve.

Injuries Resulting from Truck Crashes

Truck accident injuries are among some of the worst injuries resulting from vehicular collisions. The sheer size and weight of a truck can cause extensive physical harm, which often leads to complications and long-term consequences.

Some of the injuries most often associated with trucking collisions include:

  • Traumatic brain injuries (TBIs): Concussions or more severe brain injuries can occur from strong movements and sudden impacts.
  • Spinal cord injuries: Damage to the spinal cord can lead to paralysis or other lasting mobility issues.
  • Fractures: Broken bones are common in truck accidents, particularly in the arms, legs, ribs, and pelvis. 
  • Soft tissue injuries: Sprains, strains, and tears to muscles and ligaments can result from the forces of a collision.
  • Whiplash: Neck injury caused by rapid back-and-forth movement during a crash.
  • Burns: Burns can result from airbags, fires, or explosions from fuel, causing painful injuries and the potential for scarring.

Along with physical injuries, many truck accident victims suffer from psychological trauma. Trucking collisions can cause the development of depression, anxiety, and even post-traumatic stress disorder.

What to Do Following a Truck Accident

After a truck accident, you may feel confused, overwhelmed, and unsure about what you should do. Following a collision with a commercial truck, a lawyer can protect your rights and set you up for success in your future claim.

While every case is unique, the following steps can help put you in a more favorable position and ensure you have the tools and assistance you need to file a claim for compensation.

Prioritize Your Health

Make your health your top priority. Regardless of how you feel after your accident, it’s vital to get a medical evaluation. Some injuries, like concussions and internal injuries, may not present immediate symptoms, and the longer you wait to get proper care, the worse it can become.

Prompt medical attention not only safeguards your well-being but also establishes a medical record you need for any future legal proceedings.

Once you’ve seen a doctor, follow their advice concerning your recovery. This may include physical therapy, medication, and follow-up appointments. Keep thorough documentation of your medical treatment to help you pursue a personal injury claim.

Document the Accident

After your truck accident, document and maintain everything. Evidence can significantly strengthen your claim, and anything you collect can help your case.

Gather Information

As soon as you’re able, gather all relevant information from the accident. This includes:

  • Names and contact information of all parties involved
  • Insurance details for the truck driver and their company
  • Witness contact information, if there were witnesses to the collision
  • Photos of the accident scene, vehicle damage, and any visible injuries

When you consult with your lawyer, you can provide them with this information and evidence to help them get a better picture of your situation. They can also use anything you have for your claim.

Create a Detailed Account

Write down everything you remember about your accident while it’s fresh in your mind.

Include details about:

  • The time and location of your collision
  • Weather conditions
  • Traffic signals or signs

Memories can fade even after a few days, so write down anything relevant, as this information may help your lawyer and case.

Contact Your Insurance Company

Contact your insurance company to report the accident. Most policies require you to report incidents within a specific timeframe, even if you were not at fault for the collision. Provide the insurer with factual information without admitting fault. Your goal is to inform, not to speculate or take any blame.

After your accident, familiarize yourself with your policy, particularly if you’re in a no-fault state, as you may need to rely on your own insurance to secure compensation.

Consult with an Attorney

Consult an attorney with experience handling truck accident cases. Trucking collisions involve complex regulations and potential liability from multiple parties. 

An attorney can explain your rights and assess your case, including medical records, accident reports, and witness statements. They will advise you on the best course of action for your situation and the potential compensation you may be entitled to.

What to Avoid After a Trucking Collision

While there are things you should do after a truck accident, there are also some things you should avoid. Steering clear of the following can protect your rights, and the insurance company is less likely to take advantage of you.

Giving Recorded Statements

Insurance companies often contact claimants for recorded statements. While it might seem routine, it is actually a way for the insurance company to try to use your words against you.

If the insurance company asks for a statement, kindly reject their request and direct them toward your lawyer. You should be careful what you say to insurers, especially if it’s recorded, so never say anything without your attorney.

Posting on Social Media

In today’s day and age, it is normal to share everyday life on social media. Therefore, you may want to post about your accident on your platforms. However, insurance companies go on claimants’ social profiles looking for anything they can use to harm their claims. For this reason, stay away from social media and avoid posting anything for a while following your collision.

Discussing the Accident 

Even discussing your accident with family and friends risks your claim. At some point, the insurance company may speak with those closest to you, so avoid divulging any details.

Accepting Settlement Offers Too Quickly

Insurance companies use numerous tactics to minimize payouts. One of the most common schemes is the quick initial settlement offer. This offer usually rolls in soon after your accident, sometimes even before you’ve had the chance to secure legal representation or fully assess the value of your claim.

If the insurance company offers to settle your claim, do not do anything without first consulting an attorney. Your truck accident lawyer can review the offer to determine whether it adequately compensates you and can engage in negotiations for a better settlement if necessary.

Options Available After a Truck Accident – Pursuing Compensation

A truck miniature on dollars

After a truck accident, you may pursue compensation. How you seek financial recovery depends on the circumstances and state law.

When you consult a truck accident lawyer, they can evaluate your situation and determine how best to pursue the compensation you deserve for your related injuries, expenses, and losses.

Filing an Insurance Claim

With an insured at-fault party, you may file an insurance claim. Alternatively, if your state follows no-fault insurance rules, you may file a claim through your own insurance.

When you file an insurance claim, the company assigns an adjuster who will investigate the accident. Based on their findings, they’ll either approve or deny your claim.

When you receive approval, the insurer can provide a settlement offer representing what they believe your claim is worth. If the offer is low, your lawyer can negotiate for a better settlement.

Should the insurance company deny an otherwise valid claim, seek legal assistance immediately if you do not already have an attorney. Otherwise, your lawyer can proceed with further action.

Filing a Lawsuit

When the insurance company is unwilling to settle fairly, your truck accident attorney may decide it’s best to file a personal injury lawsuit. Filing a lawsuit can seem daunting, but having an attorney’s representation throughout the process affords great peace of mind.

Your skilled personal injury attorney can handle all aspects of your case, from filing the lawsuit in court to representing you at trial if necessary, and everything in between. Most personal injury cases settle before they reach the courtroom, but regardless of the outcome of your lawsuit, you can trust your lawyer will do everything necessary to get you the best possible case result.

You have little time to take action when you’re hurt in a trucking collision and wish to seek compensation. Depending on your state’s statute of limitations, you may only have a few years to file your lawsuit. Therefore, consult an attorney as soon as possible to begin working on your case.

Remembering what you do after a truck accident can heavily affect your future and the outcome of your claim. Seeking medical attention, collecting evidence, and hiring an attorney can put you in a more favorable position to obtain the justice and compensation you need and deserve following a truck accident. 
The sooner you consult a personal injury lawyer, the better. They need to collect and preserve evidence and obtain witness statements while their memories are still fresh. Don’t delay, call today.

William B. Kilduff

Partner

Author's Bio

Related Blog

 

Schedule A Free Case Evaluation

If you have been injured because of someone elses negligence, contact one of our experienced personal injury lawyers for a free consultation. For your convenience, Emroch & Kilduff has two office locations in Virginia: Richmond and Tappahannock.

Contact our offices today online or by calling (804) 358-1568 to schedule a free consultation, discuss the details of your injury, and determine the best path forward given your individual circumstances.

Free Case Consultation

This field is for validation purposes and should be left unchanged.