Truck accident claims are far more challenging than regular car accident claims. As such, the success of such cases depends greatly on the soundness of the claims, based on the applicable laws that govern the trucking industry. Therefore, if you’ve been involved in a truck accident, you should act quickly to protect both your health and your legal rights.
What you do following a trucking accident lawyer can make a big difference between a winning claim and a loss of fair compensation. That means working with a truck accident can not be ignored, as they are key in preserving every piece of evidence, documenting the impact on your life.
Read on to learn the key actions to take after a truck accident and how they can bolster your claim.
Key Takeaways
- Taking immediate steps can protect your health, preserve crucial evidence, and safeguard your legal rights.
- Track financial and recovery losses, and provide your lawyer with all relevant records and evidence early to help in building a robust claim.
- Many truck accidents involve out-of-state trucks or federal regulations, requiring experienced legal guidance.
- Work with a truck accident lawyer to manage your claim, handle aggressive insurance teams, and ensure your case reflects the full impact of your injuries.
Key Steps to Take Following a Truck Accident
Truck accident claims are unique and need to be managed professionally. They involve commercial carriers, professional drivers bound by federal safety rules, and insurance companies often have entire legal teams ready to protect their bottom line.
What you do in the days and weeks after the crash can either strengthen your claim or give the trucking company an advantage. Here are the most important actions to take:
Preserve Every Piece of Evidence
In truck accidents, evidence can disappear quickly. Trucking companies are only required to keep certain records, like driver logbooks, vehicle maintenance reports, and electronic logging device data, for a limited period of time before they can legally destroy them. If you don’t act fast, this evidence may be lost forever.
Also, keep copies of everything you personally have, including photos of the crash scene, damaged vehicles, visible injuries, and road conditions. If you have witness contact details, store them safely. This evidence not only helps prove fault but also prevents the trucking company from shifting blame onto you. A truck accident lawyer can deliver a spoliation letter immediately after you engage them, which legally requires the trucking company to preserve key records.
Follow All Medical Treatment Plans
Insurance companies frequently scrutinize accident victims for any gaps in care. Skipping physical therapy, missing follow-up appointments, or not adhering to prescribed medications can be used to argue that your harm is light or not directly linked to the accident. Maintaining strict compliance creates a clear medical record that demonstrates the severity and legitimacy of your injuries. In truck accident cases, with injuries mostly being so severe, having detailed medical documentation can make the difference in maximizing compensation.
Keep Financial and Recovery Records
Unlike many car accidents, truck accident claims often involve high-value damages. These include lost income from extended time off work, medical bills for surgeries or rehab, and even modifications to your home if your injuries are life-changing.
Obtain a Copy of the Police and Accident Reports
Truck accidents are often investigated not just by local police, but also by state or federal agencies if a commercial carrier is involved. These reports feature key details such as the driver’s condition, possible violations of FMCSA regulations, and witness statements.
However, these reports don’t always tell the whole story, especially if the truck company’s insurer tries to influence the narrative early. That’s where your attorney comes in: they can cross-reference police findings with other evidence to uncover the truth.
Document Your Pain, Limitations, and Recovery
One thing that sets strong claims apart is personal impact evidence, proof of how the accident has affected your day-to-day life. Start a journal where you write about your pain levels, physical limitations, emotional struggles, and missed life events.
Share All This Information With Your Lawyer Promptly
After a truck accident, you don’t have all the time to take action. The trucking company’s insurer will be working immediately to undermine your claim. However, if you can bring your evidence, records, and reports to your attorney early, you give them the tools to:
- Issue legal demands for preservation of evidence
- Coordinate expert inspections of the truck and crash scene
- Analyze whether federal trucking regulations were violated
- Calculate the full extent of your damages
Truck accident lawyers know how to manage the unique challenges of these cases. They can competently deal with aggressive insurance defense teams and fight for a settlement or verdict that reflects the true impact of your injuries.
Get the Legal Firepower You Need After a Truck Accident
Figuring out what to do after a truck accident and doing it in a way that protects your rights is key to a successful claim. A truck accident lawyer will chart the way forward for you and build a case that fully accounts for your losses. Whether negotiating an insurance settlement or taking your case to trial, a lawyer will push for the compensation needed to reclaim your life. Call your attorney immediately for a case review.
Frequently Asked Questions (FAQs)
Can I sue the trucking company if the driver was an independent contractor?
In some cases, the trucking company may still be held liable if they exercised control over the driver’s schedule, routes, or safety practices. Liability depends on the degree of oversight and whether company policies contributed to the accident. Your attorney will assess your unique situation and determine the appropriate course of action to secure justice.
Will my case take longer than a normal car accident claim?
Truck accident cases may take longer than typical car accident claims due to their unique nature and the number of parties involved. Multiple defendants, higher stakes, and compliance with federal trucking regulations mean that investigations are more detailed and negotiations more drawn out. The extended timeline works in your favor by giving your lawyer more time to gather evidence and negotiate for the full value of your claim.
What if the truck that hit me was from another state?
If the truck that hit you was from another state, you can still bring a claim, involving federal jurisdiction or interstate legal issues.
Commercial trucks commonly operate across state lines, meaning federal agencies like the FMCSA regulate them.
Your lawyer will know how to file in the appropriate court, deal with out-of-state insurers, and ensure that federal regulations are considered in your case.
What makes truck accidents different from typical car accidents?
Truck accident claims are more complex for several reasons. Commercial trucks are subject to federal regulations from the FMCSA, which do not apply to passenger cars.
These cases often involve multiple potentially liable parties, including the driver, the trucking company, the truck’s owner, the cargo loader, and equipment manufacturers.
The injuries are usually far more severe, and the trucking company’s insurance carriers employ aggressive legal teams to minimize payouts.
What types of compensation can I recover after a truck accident?
You may recover compensation for a wide range of damages. These fall into two main categories.
- Economic damages cover your financial losses, including current and future medical bills, lost wages, and diminished earning capacity.
- Non-economic damages compensate you for the personal impact of the crash, such as pain and suffering, emotional distress, disability, and loss of enjoyment of life.
What if I believe I was partially responsible for the crash?
You should still speak with a lawyer. Most states have laws that allow you to recover damages even if you were partially at fault. In these states, your total compensation is simply reduced by your percentage of fault.
An insurance adjuster may try to convince you that you hold more blame than you do to reduce their payout. A lawyer will protect you from unfair blame and work to maximize your recovery.
How much does it cost to hire a truck accident lawyer?
Most truck accident lawyers work on a contingency fee basis. This means you pay no upfront fees. The lawyer’s fee is a percentage of the total compensation they recover for you. If you do not receive a settlement or a verdict in your favor, you owe no attorney’s fees.