Seven Steps to Take After a Truck Accident
The moments after a truck accident can be disorienting and overwhelming.
You may be suffering from severe injuries and it may be difficult to assess your next steps.
Still, it is important to follow certain steps to keep yourself safe and protect your legal rights.
Below are seven steps to take after truck accidents.
1. Check on Everyone’s Well-Being
Truck accidents are often deadlier than car accidents.
These vehicles weigh several tons and are typically traveling at fast speeds.
Anyone that gets in their way will suffer severe injuries, if not death.
There’s also been a rise in the number of truck accident fatalities since 2021.
If you’re involved in an auto accident with a truck, the first thing you should do is check everyone’s well-being.
You and your passengers may be in a state of panic, and pain from injuries might not be apparent yet.
However, it’s important to stay calm and see if you or any of your passengers are injured.
That way, you’ll know if calling emergency medical services is necessary.
If you can, get out of danger.
If possible, move your car to the side of the road. If the car is unable to be moved and the roadway is clear from danger, leave the car and go somewhere safer than the open highway or road, such as a curb or sidewalk.
To avoid further injuries, take care when exiting your car.
Broken glass and protruding parts can cut or impale you.
Ask for help from bystanders for anyone who cannot move on their own.
2. Contact the Police and Emergency Services
Once you’ve done what you can about everyone’s safety, or if someone needs immediate medical attention, contact 911.
Stay calm and make sure to provide the right details so that emergency services can reach you as soon as possible.
You can also ask bystanders and good samaritans to make the call for you if your phone is missing or you’re too incapacitated to do so.
Police reports will serve as key evidence during settlement or trial, so make sure to get a copy of the document or a receipt to access a digital police report.
Be sure to take note of the officer’s badge number, name, and contact information.
3. Exchange Information With the Truck Driver
While waiting for emergency services to arrive, the next step you should take is to exchange information with the truck driver.
These details will help streamline the claims or settlement process and allow you to communicate easily as you negotiate the tractor-trailer or semi-truck accident.
If possible, retain the following information:
- Driver’s full name
- Driver’s contact details
- Driver’s license plate number
- Trucking company name and contact details
- Truck driver or company’s insurance company
- Policy number
- Details about the vehicle, such as color and type of truck
- Location of the trucking accident
4. Do Not Discuss Who Is at Fault
According to the National Highway Traffic Safety Administration, the majority of truck accidents happen because of truck driver error.
Truck driver fatigue, vision issues, distracted driving, and speeding are some of the most cited causes of truck crashes.
Of course, this doesn’t automatically mean that all truck drivers cause accidents.
Sometimes, the fault can be pedestrians, road obstructions, and other motorists.
The reason why we’re noting this is because either party can start arguing about the cause of the accident after the fact.
Injured truck accident victims will blame the driver or vice versa.
In this situation, keep calm and don’t discuss anything with the driver other than insurance and identity details.
Another reason to avoid discussions about the at-fault party is the possibility of physical violence.
Emotions are running high after the accident, and the driver may be aggressive or angry about the situation.
Avoid confrontation and trust your instincts in these scenarios.
5. Document and Gather Evidence
To build a solid truck accident claim, you should document the scene of the accident.
The information you gathered can be later used as evidence during settlement or litigation.
We’ve already mentioned two ways to gather details after trucking accidents: getting information from the driver and the police officers reporting to the accident scene.
Here are some other types of information you can collect:
- Eye witness accounts: After getting the statement of witnesses, be sure to get their names and contact details.
- Pictures and videos of the accident scene: Take pictures and videos from various angles and make sure that the damage is clearly seen in the photos. Be sure to document the surroundings as well, like skid marks, damaged barriers, etc.
- The weather: At-fault parties may cite the weather to escape liability, but your documentation can help disprove this.
6. Notify Your Insurer To Start the Claims Process
For minor commercial truck accidents, it might feel more convenient to just negotiate a deal with the driver and avoid the bureaucracy of filing a claim or lawsuit.
However, we do not recommend this practice.
It may not be apparent at first, but there could be other damages that will raise the repair costs.
Starting an insurance claim can also help you build a case.
The reports from the insurance adjuster and accident reconstruction can later serve as evidence should your case become a lawsuit.
Finally, filing a claim process gives you more options for covering the damage.
There are times when the truck driver or fleet’s insurance company is unable to pay the entirety of the claim.
Your insurer can come in to cover the rest of it.
If proven that you weren’t the at-fault party, then you may not even have to pay a deductible at all if your policy has a liability waiver.
7. Work With a Truck Accident Lawyer
Remember that you might not be filing a claim solely against a driver during a truck accident.
You also may be facing the truck company that employed the driver, manufacturers of truck parts, or contractors that loaded cargo onto the semi truck.
Large companies typically hire expert defense lawyers to fight against personal injury claims, and they may attempt to use a vast amount of resources to ensure that you get the least compensation from them, if any at all.
It’s highly recommended that you work with experienced truck accident lawyers to increase your chance of getting the compensation you deserve.
An experienced truck accident attorney will understand how truck accident claims work and can execute on legal strategies that increase your chances of a successful truck accident claim.
With a personal injury attorney, you’ll have access to expert legal representation that can negotiate on your behalf.
Your attorney will also know how the law works and how legal proceedings should go, ensuring that you won’t commit errors that could harm your case.
Tips and Advice From an Experienced Truck Accident Attorney
As mentioned before, a truck accident case can be wildly different than a typical car accident claim.
Questions of liability and fault often become more complex, and it can be daunting for an injured victim to face a truck accident case on their own.
Below are some things to keep in mind if you’re ever involved in a truck accident or facing a trucking company in a lawsuit.
The Driver Might Not Be the Only At-Fault Party in Truck Accidents
If you decide to pursue legal action for an accident involving commercial motor vehicles and commercial trucks, keep in mind that there may be other parties that are liable for the accident.
Commercial vehicles like tractor trailers, semi trucks, and other large vehicles can experience equipment failure that results in catastrophic accidents.
The parties responsible for the maintenance and upkeep of a semi truck may be held liable, as well as the company responsible for loading cargo on the truck.
Other potentially liable parties in truck accident cases may include:
- Truck Manufacturer
- Trucking Companies or the cargo loader
- Road Repair Team or Independent Contractor
- Government Agencies
- Other Vehicles
While it may seem improbable that the parties listed above can be liable for accidents involving trucks and other vehicles, their neglect, carelessness, and other failures may have contributed to truck crashes, and by extension, any serious injuries you suffered.
Determining liability in a truck accident case can be difficult, but with the help of an experienced truck accident lawyer, you can identify the responsible party and pursue financial compensation.
Take Note of the Damages That You Can Get Compensated For
In order to get a fair settlement, you must prove that you suffered damages in your personal injury lawsuit.
So, at the very least, be sure to get copies of your medical bills and related expenses.
You can demand compensation for future medical expenses so long as you’re able to prove that you’ll need ongoing medical treatment or therapy.
You can file claims for economic and non economic damages such as the following:
- Medical bills
- Temporary and permanent disability benefits
- Lost wages
- Pain and suffering or mental anguish
- Wrongful death benefits
- Loss of consortium/companionship
