Getting into a truck accident can be a devastating and frustrating experience. And it’s not surprising that one of your first thoughts will be, “What do I do now?”
What you do at the accident scene is important to any potential personal injury claim you may have following the trucking accident. Collecting evidence and keeping your comments brief will not only protect your legal rights but will assist your truck accident lawyer in getting you compensation for your injuries.
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You were just hit by a tractor trailer. What do you do now?
Before you even have time to figure out what happened, take a moment to make sure everyone is ok in the car. You are probably rattled at this moment and need to have a clear head before continuing to the next step.
If you’re in immediate danger, move to a safe location away from other vehicles if you can. Try to drive to a safe location on the side of the road to prevent further accidents from occurring. If your car is incapacitated, try to leave the vehicle and get to the side of the road.
Next, call the police and request an ambulance to come to the scene. Even if you don’t think you’re injured, it’s best to have medical professionals check on you. Remember, any injuries may not show until hours or days after the truck accident.
While you’re waiting for emergency services to arrive, exchange information with the other drivers. When speaking with the truck driver, you want to get their commercial driver’s license (CDL) and the insurance as well as the name of the owner of the truck and the employer. These will be needed later on.
Take a moment to document your accident. Get photos and video of the scene, of the tractor trailer, and of your car. You also want to get contact information for any witnesses of the accident.
Once the police arrive on the scene, give a brief but factual statement. Let the police know what happened but do not offer any opinions of what you think might have occurred.
Once the ambulance arrives, seek medical attention. If you do not want to go to the hospital from the scene, make an appointment with your physician to get checked out later. Injuries sometimes don’t appear until hours or days after the accident, so it’s in your best interest to see the doctor after a trucking accident.
Knowing what to say or not to say to the police is key to your truck accident claim. What you say becomes part of the accident report, which is a crucial record for your claim. The insurance company will be using the police report to determine who was at fault for the accident, so you will want to make sure the account is accurate.
Chances are you will be in a high emotional state at the scene of a truck accident, making your ability to give a statement extremely stressful. You may admit fault where you are not liable at all.
According to the U.S. General Services Administration, truck drivers are not to sign or make official statements about who was at fault except to their supervisor or a federal government investigator. This is important because the police report is not to establish fault but to acknowledge what occurred from your perspective and any potential witnesses.
If you are the car’s driver, you should follow the same process. Stick with the accident details and do not offer an opinion about what happened or who you think may be at fault for the accident. Remember, your insurance company will use the information in the police report to establish who was at fault for the accident.
You and the trucking company or driver can exchange the following information:
The immediate aftermath of a truck accident can seem just as stressful as the day the collision occurred. While there are certain steps you take at the scene of the accident, you may wonder what happens in the days following a truck accident. There are some things you should do in the days following a truck accident, including:
Not all truck accidents require a truck accident attorney; however, in the event your insurance company is uncooperative, you may need legal advice. By preserving as much evidence and gathering needed information, you will protect your legal rights and save yourself the option to file a formal suit against the trucking company or truck driver.
Not all injuries are obvious at the accident scene. Instead, they can take days to appear. The following are common but serious injuries you may experience after a truck collision.
Your injuries and the property damage you amassed are likely putting you in financial debt. But the long-term costs of an accident involving trucks can cost you more than a trip to the doctor’s office.
Other losses you may experience include:
Further, if a truck collision resulted in wrongful death, you and your family may experience the loss of a loved one and the financial contributions the victim had provided to the family. In the case of wrongful death, you can often recover compensation for funeral and burial costs as well as medical expenses.
Make sure you keep a record of any expenses caused by the accident. Your truck accident lawyer will use this record when estimating how much your claim is worth.
After a truck accident, you may receive a call from the at-fault party’s insurance company. The adjuster will try to get a statement from you to learn what happened and may offer a settlement.
You are not obligated to speak with the other party’s insurance company. However, if you talk with the other insurance company, keep your comments brief and do not agree to have your statements recorded. Stick only to factual statements about the accident, such as what date and time it occurred and where it happened. Do not elaborate on your injuries; just state that you were injured in the accident.
And whatever you do, do not sign anything or accept money without an experienced truck accident lawyer present.
If you suffered severe injuries in a truck accident, you need to schedule a free legal consultation as soon as possible.
A respected personal injury attorney at Regan Zambri Long will get the best results possible for your case. Find out how we can help you with your truck accident case in a free, no-obligation consultation. You don’t pay until we win.
Schedule your free consultation with our truck accident attorney today.