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What To Do After A Truck Accident

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Law.com Premier Attorneys share tips on what to do after a truck accident

Move forward with confidence with the right lawyer on your side.

Getting truck accident compensation can be a challenge. Trucking companies and insurance companies fight to pay victims as little as possible for their injuries – or nothing at all. Even worse, trucking companies often try to shift blame or hide evidence that could prove their negligence. Then, they turn around and seek compensation from the victim.

An experienced truck accident attorney understands how to fight back against trucking and insurance company tricks and accusations. They know where to find important evidence to support their clients’ cases and fight relentlessly to get results. 

While a lawyer can handle much of the work, there are some things that truck accident victims can do – or not do – after a crash to help build a strong case for maximum compensation. After a crash, try these tips and contact a truck accident lawyer with a winning track record in your state for a free consultation.

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After a crash, your health is the main priority. If you are too injured to get started on your claim at the crash site, that’s okay. An experienced truck accident lawyer knows how to find the evidence necessary to win. After an accident involving a large truck like a semi-truck, 18-wheeler, tractor-trailer truck, tanker, or another type of big rig, if your health and safety allow for it, take the following steps:

  • Get medical attention immediately. Even if you do not think you are injured, it is important to see a doctor to get checked out. Injuries from truck accidents can sometimes be hidden or delayed.
  • Contact the police. The police will investigate the accident and file a report. This report will be important evidence.
  • Take pictures of the accident scene. If possible, take pictures of the damage to the vehicles, the injuries you sustained, and the road conditions at the time of the accident.
  • Get the names and contact information of any witnesses. Witnesses can provide important information about the accident.
  • Notify your insurance company. Most insurance policies require crash victims to notify their providers soon after the accident. This can be a difficult conversation for truck accident victims because the agent is looking for any excuse to reject or reduce your settlement. Don’t give them one. Stick to the facts – names of those involved, date, and place. When asked about injuries, it is enough at this time to say that you are being medically treated and say no more. If you have a truck accident attorney, they can handle notifying the insurance company for you.
  • Do not talk to the insurance company for the other driver or the trucking company. The insurance company will try to get you to say things that could hurt your case. It is best to refer all questions to your lawyer.
  • Hire a lawyer. A lawyer can explain a victim's rights and options and represent them in a legal case. An experienced truck accident attorney can help with every aspect, from gathering evidence to negotiating aggressively with the insurance company.

Establishing Liability in Truck Accident Cases

Truck accident cases are often more intricate compared to accidents involving only vehicles. While you may initially believe that the truck driver is solely responsible, there may be multiple parties at fault for your injuries and losses. Potential defendants in a truck accident case can include the truck driver, the trucking company, the truck manufacturer, the shipping company responsible for loading the cargo, insurance companies, and even government entities. If the truck driver is an independent contractor, the level of supervision by the trucking company may also come into question. The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucks in the United States.

For instance, if the accident was caused by a faulty part in the truck, both the manufacturer of the truck and the company that produced the defective part may share liability. A skilled truck accident lawyer will identify all responsible parties in your specific case and hold them accountable through legal action.

Whether you're preparing a claim for the insurance company or presenting your case in court, a truck accident lawyer can handle the following tasks on your behalf while you concentrate on your recovery:

  • Thoroughly investigate the accident and gather evidence, such as police reports, accident scene photographs or videos, data from the truck's onboard electronic information system, eyewitness testimonies, and expert opinions.
  • Compile all relevant medical bills and expenses related to your injuries, along with any documents substantiating your losses. According to the Centers for Disease Control and Prevention (CDC), car accident injuries often require emergency medical care at a hospital.
  • Identify all potential liable parties and insurance carriers involved.
  • Negotiate with insurance companies to reach a fair settlement on your behalf.
  • Proceed to trial if insurance companies refuse to offer a satisfactory settlement.

These tasks are essential, particularly when you or your loved one is dealing with severe injuries that require hospitalization, multiple surgeries, medical devices, and expensive rehabilitation.

You shouldn't have to face insurance companies alone in your quest for rightful compensation. A truck accident lawyer will handle negotiations with insurance adjusters and handle all necessary paperwork, allowing you to focus on recuperating and attending to your family's needs.

While you may be aware that you are not at fault for the accident, proving it is crucial when filing an insurance claim or pursuing legal action. In personal injury cases involving vehicle accidents, there are four key elements of negligence that must be demonstrated to establish liability:

  • The truck driver owed you a duty of care to drive in a reasonable and safe manner.
  • The truck driver breached that duty of care or acted negligently.
  • The breach of care directly caused your injuries or the injuries of your loved one.
  • You or your loved one suffered damages and losses as a result of the injuries sustained.

In a personal injury lawsuit, the damages you may receive can be categorized as economic or non-economic. Economic damages cover medical expenses, loss of income, and property damage. Non-economic damages encompass pain and suffering, mental anguish, loss of enjoyment of activities, and loss of consortium.

It is best to wait until you have spoken with a trusted truck accident lawyer before taking action or accepting a settlement. Here are some reasons why it is important to let a professional handle your case:

  • You may say something that could be used against you in court. The other driver's insurance company may try to use anything you say at the scene of the accident against you in court. It is important to wait until you have spoken with a lawyer before making any statements about the accident.
  • You may not remember everything accurately. You may be in shock after a truck accident, and you may not remember everything that happened. It is important to wait until you have had time to calm down and process what happened before you start talking about it.
  • You want to focus on healing. Rather than hunting down uncooperative trucking companies and insurance agencies, filing requests, collecting documents, and interviewing experts and witnesses, you can focus on healing while your lawyer does the work.

If you have been injured in a truck accident, you need to speak with an experienced truck accident lawyer as soon as possible. An experienced truck accident lawyer can aggressively fight for all the compensation you deserve. They understand the many medical and lifelong financial complexities that drive up a settlement amount, and they work tirelessly to get the evidence their clients need to prove their cases.

Don’t wait. It is important to get a lawyer's estimate on the statute of limitations and other deadlines that may apply to your situation. If you were injured or a loved one died in a truck accident, contact a trusted truck accident lawyer in your area for a free consultation right now.

Injured? Call Now
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