Before we get into the specific steps to take after a truck accident, it’s important to understand why truck accidents are so complicated and often involve multiple parties. These accidents can result from driver error, improper maintenance, or cargo issues, with responsibility potentially falling on the trucking company, the driver, the cargo loaders, or even vehicle manufacturers. Identifying all liable parties is important for pursuing full compensation.
Speaking to a Truck Accident Lawyer
That’s why you’ll need to speak immediately to a truck accident lawyer after you’re involved in a truck crash. Legal representation should be paramount. Truck accidents are complicated, and requesting compensation is difficult. Retaining help from a truck accident attorney will maximize your compensation and increase your chances of receiving a fair and equitable settlement.
Why Truck Accidents are Complicated
Unlike car accidents between private individuals, truck accidents may involve a whole web of different entities, each with some degree of responsibility for the accident.
The Trucking Company
The trucking company may be liable for inadequate training, pushing drivers to go over the legal hours, or not maintaining their fleet properly, which can lead to accidents and unsafe driving conditions.
The Truck Driver
The truck driver may be responsible for negligent driving behaviors, logbook violations, or driving under the influence of drugs or alcohol, which can significantly increase the risk of an accident.
The Cargo Loader
The cargo loading company may be liable if the cargo was loaded or secured improperly, leading to unsafe conditions contributing to the accident.
The Vehicle or Parts Manufacturer
Vehicle or parts manufacturers may be at fault if a defective part causes a mechanical failure.
Maintenance Contractors
Maintenance contractors servicing the truck may share responsibility if they perform repairs improperly. They must ensure reflectors are working and are in good condition.
Third-Party Entities
Even third-party brokers or shipping companies who contracted the delivery may be liable, depending on their role in selecting the carrier or setting the delivery deadline.
This multi-layered liability means multiple insurance policies may apply, each covering different aspects of the operation. The trucking company’s commercial policy, driver’s insurance, cargo insurance, and various liability policies held by other parties may all be relevant to your case.
Moreover, federal regulations governing the trucking industry add another layer of complications, as violations of those regulations can establish liability or prove negligence.
What to Do After a Truck Accident
The moments after a truck accident are disorienting and confusing. The following information will walk you through the steps to take after a truck accident so you can protect your health, legal rights, and financial interests.
Immediate Medical Attention: Your Top Priority
Your health and safety should be your number one concern after a truck accident, even if you feel fine. Many serious injuries may not be immediately apparent because of shock and adrenaline-masking symptoms and pain. If emergency services didn’t come to the scene or you declined treatment at the time, seeking medical attention should be your first step after leaving the site.
Go to the emergency room, an urgent care center, or your primary care physician as soon as possible, ideally within 24 hours of the accident. Whiplash, concussions, internal bleeding, and soft tissue damage from truck accidents may not show symptoms immediately but can have long-term consequences if left untreated.
Prompt medical attention also creates an official record of your injuries, which will be important for insurance claims and potential legal proceedings.
During your medical exam, describe the accident and share any symptoms, even if they seem trivial. Follow all medical advice and treatment plans to the letter. Record all medical visits, prescribed medications, and recommended treatments. These records will be important for your case.
Notify Your Insurance Company
After you’ve addressed your immediate medical needs, contact your insurance company to report the accident. Most policies require you to notify them of an accident within 24 to 48 hours. Delaying notification can compromise your coverage or claim. When you talk to your insurance representative, stick to the accident facts. Don’t discuss fault or give a detailed account of what happened.
Basic Information to Report
When you call your insurance company, provide the following information
- Accident location
- Date and time of the incident
- Other vehicles involved, and
- Emergency services responded to the scene.
Also, have your policy number handy. Take notes during the call and write down the claim number assigned to your case, the name of the representative you spoke with, and any instructions they give you for what to do next.
The insurance company will assign an adjuster to your case. Remember, the adjuster feels indebted to their employer - not you.
Therefore, be careful with everything you say to the adjuster. Also, don’t feel pressured to accept their first offer. Better yet, have an attorney speak on your behalf.
Seek Legal Help and Advice
Again, truck accidents involve complicated liability and multiple responsible parties: the truck driver, trucking company, vehicle manufacturer, and maintenance provider. Given the case details, it’s important to consult with an experienced truck accident attorney to protect your rights and obtain fair compensation.
Choosing a Lawyer
When choosing an attorney, look for someone with experience with truck accident cases. These cases involve unique federal regulations, industry standards, and insurance considerations that differ from typical car accident cases during your initial consultation. Ask about the lawyer’s experience with similar cases, their success rate, and how they handle truck accident claims.
Why a Lawyer’s Help is Invaluable
An attorney can deal with insurance issues, identify all the responsible parties, calculate the full extent of your damages (including future medical expenses and lost income), and protect your rights throughout the claims process. They can also handle communications with insurance companies and opposing counsel so you can focus on your recovery.
Gather and Preserve Evidence
While your attorney will do most of the investigating, there are things you can do to help preserve important evidence. If you haven’t already done so at the accident scene, take pictures of your injuries, vehicle damage, and any visible road conditions that might have contributed to the accident. Keep a journal of your injuries and medical treatments, and record how the accident has affected your daily life.
Gather and organize all accident-related documents:
- Police reports
- Medical records
- Correspondence with insurance companies
- Receipts for the expenses related to the accident
This can include medical bills, prescription costs, transportation expenses for medical appointments, and property damage repair costs.
Preserve any physical evidence from the accident, including damaged personal items or clothing you wore during the crash. Don’t repair or dispose of your vehicle without talking to your attorney, as it may contain important evidence. Your attorney may also want to have it inspected by accident reconstructionists.
Learn More About the Legal Process and the Parties Involved: Reviewing Options and Requirements
Commercial Insurance Companies
Truck accidents involve commercial insurance reviews and transactions, which are more complex than personal auto insurance claims. These policies have much higher coverage limits, often in the millions, which means more money may be available to compensate you for your injuries. However, because of these higher limits, the insurance company may fight harder to minimize the payout or delay your claim.
Commercial insurers often send teams of investigators and adjusters to the scene immediately to begin gathering information and building their case. They’ll try to contact you quickly with an immediate settlement offer, sometimes even before you fully understand the extent of your injuries or damages. This pressure to settle quickly can work against your best interests.
Be wary of early settlement offers, as they rarely account for the full extent of your current and future damages. Accepting a quick offer can leave you with insufficient compensation for long-term medical treatment, lost earnings, and pain and suffering that may arise later.
Deactivate Your Social Media Account
Consider deactivating your social media accounts, or at least don’t post anything about the accident or your injuries. Even innocent posts about your daily activities can serve to dispute the severity of your injuries.
Dealing with Medical Treatment and Recovery
Following your treatment plan is important - not only for your physical recovery but for your legal case. Missing appointments or not following a doctor’s medical advice can give insurance companies the ammunition to say your injuries aren’t as bad as you claim.
Record all medical treatments: physical therapy sessions, medication schedules, home exercises, or treatments prescribed by your healthcare providers. Document how your injuries affect your daily life: activities you can no longer do or must modify because of your injuries. In some cases, you may develop post-traumatic stress disorder or PTSD.
If your injuries require ongoing care or prevent you from working, your attorney may consult medical professionals and economic specialists to project your future medical costs and lost earnings. This information helps maximize your current and future damages.
Lost Income and Employment
If you can’t work, document all lost time and earnings carefully. This includes direct lost earnings and lost opportunities for overtime, bonuses, or career advancement. If you’re self-employed, gather documents related to typical earnings or business losses due to your inability to make a living or work.
Property Damage and Vehicle Replacement
While personal injuries are the biggest concern after a truck accident, don’t forget vehicle damage. Your attorney will ensure you get fair compensation for repairs or replacement if your vehicle is a total loss.
Don’t rely on the insurance company’s valuation of your vehicle. Research your vehicle’s market value yourself and gather any information on any recent upgrades or maintenance that can affect its worth. If you need to rent a vehicle while yours is under repair, keep all rental receipts, as these expenses may be recoverable.
Federal Regulations in Truck Accident Cases
Commercial trucks are subject to many federal regulations - from driver hours of service to vehicle maintenance requirements. Knowing these regulations helps you prove your case and reach a fairer settlement. Your attorney will investigate to see if any regulatory violations caused your accident.
Areas of investigation include the truck driver’s log books, which document driving hours and rest periods, the truck’s maintenance records, and the company’s safety policies and training procedures. Violations of federal regulations can help your case and may even support claims for punitive damages in cases of gross negligence.
The Settlement and Litigation Process
Most truck accident cases settle before trial, but settling for a fair amount often requires a lot of negotiation. Your attorney will assemble a settlement demand package that includes all your damages: medical expenses, lost earnings, pain and suffering, permanent disabilities or disfigurement.
Long-term Considerations and Future Care
Serious truck accidents can have long-term effects on your health and well-being. Any settlement should account for future medical needs, such as ongoing treatment, medication, therapy, and potential complications. Your attorney may work with medical professionals to project those future needs and ensure you include the rental costs in your settlement claim.
If your injuries cause permanent disabilities, you should also consider the need for home modifications, adaptive equipment, or long-term care services. These costs should be included in your damages and settlement negotiations.
Moving Forward After Your Accident
Recovery from a truck accident is more than physical healing. Many accident victims experience emotional trauma, anxiety, or depression after their accident. Don’t wait to get psychological help if needed. Mental health treatment is just as important as physiotherapy in your overall recovery.
Contact a Truck Accident Lawyer Now
Now is the time to contact a truck accident lawyer—don’t wait. Make it a priority to protect your rights and secure the compensation you deserve. Call a truck accident attorney immediately to start the process, gather evidence, and ensure you have the legal support to navigate this challenging situation.