After a collision with a commercial truck, the steps you take in the following days and weeks can define your physical and financial recovery. The most important thing for you to do after a truck accident is to focus on your health, which also aids your personal injury claim.
A Texas truck accident lawyer can manage the complexities of a commercial truck accident claim, allowing you to concentrate on healing. They work to gather evidence, establish liability, and build a case that reflects the full scope of your damages.
Key Takeaways for What To Do After a Truck Accident
- Follow all medical advice and attend every appointment to document your recovery journey.
- Preserve all evidence related to the accident, including photos, documents, and contact information.
- Report the accident to your own insurance company, but provide only the basic facts of the collision.
- Don’t speak to the trucking company’s insurance adjuster or provide any recorded statements.
- Contact a truck accident attorney to handle communication and launch a professional investigation.
7 Steps To Take After a Commercial Truck Accident
If you’ve already addressed your immediate medical needs, it’s time to take action and protect your potential legal claim. Understanding the legal implications of a truck accident and following these steps after being hit by a commercial vehicle creates a strong foundation for your case.
1. Follow Your Doctor’s Treatment Plan
Your health is the priority. Attend all follow-up appointments with your doctor, physical therapist, or any other medical provider. Following your prescribed treatment plan shows a commitment to your recovery. It also creates an official record of your injuries and their impact on your life.
2. Organize Your Documents
Create a dedicated file for everything related to the accident. This includes the police report, medical bills, receipts for prescriptions, and any correspondence from insurance companies.
Keeping these documents organized helps you track your expenses and gives your attorney the necessary information to start building your claim.
3. Start a Daily Journal
Document your daily experience in a private journal. Write about your pain levels, any physical limitations you experience, and how your injuries affect your daily activities and emotional state.
A journal provides a detailed, personal account of your suffering that goes beyond what medical records can show.
4. Preserve Physical Evidence
Don’t repair your vehicle until your attorney has had a chance to have it professionally inspected and photographed. Your damaged car is a significant piece of evidence. Also, keep the clothing you were wearing during the crash in a safe place without washing it.
5. Report the Crash to Your Own Insurer
You need to notify your own car insurance company about the collision. Provide them with the basic facts: the date, the location, and the other parties involved. Don’t offer opinions about fault or details about your injuries; just report the event.
6. Decline To Speak With Other Insurers
The trucking company’s insurance adjuster will likely contact you soon after the crash. They may sound friendly, but they aim to resolve the claim for the lowest amount possible.
You’re not obligated to speak with them, and you absolutely should not provide a recorded statement or sign any documents without legal representation. Direct all their inquiries to your attorney.
7. Contact a Truck Accident Attorney
A commercial truck accident claim involves complex state and federal laws. An attorney who handles these specific cases can launch an immediate investigation and send spoliation letters to preserve critical truck accident evidence.
Who Is Liable for a Truck Accident?
In a standard car wreck, you typically deal with one other driver and their insurance. After a collision with an 18-wheeler, however, liability in truck accidents is often more complex. Multiple parties may share responsibility, and identifying potential defendants is key to building a strong claim, so your attorney will investigate each possibility.
The Truck Driver
Your lawyer will investigate if the driver was distracted, fatigued, or operating the truck under the influence of drugs or alcohol. They will also check the driver’s qualifications and driving history for past violations. Proving driver error is often the first step in establishing liability.
The Trucking Company
A trucking company’s responsibility goes far beyond just hiring a driver. Federal regulations require them to properly train their drivers, regularly inspect and maintain their vehicles, and enforce rules regarding Hours-of-Service to prevent truck driver fatigue.
If the company cuts corners on safety to increase profits, it can be liable for a resulting accident.
Other Liable Parties
In some cases, liability may extend to other entities. If a mechanical failure caused the crash, the manufacturer of a faulty truck part may be a defendant. If improperly secured cargo shifted and caused the driver to lose control, the company that loaded the freight could be held responsible.
Some examples of liable parties include:
- Maintenance Company: A third-party company hired to service the truck can be liable for negligent repairs.
- Cargo Loader: The entity responsible for loading and securing freight on the truck has a duty to do so safely.
- Vehicle or Parts Manufacturer: The manufacturer may be held accountable if a defective truck part contributed to the accident.
The Critical Importance of Evidence Preservation
Evidence in a truck accident case is much more complex than in a standard car crash, and it can disappear quickly. Acting quickly after a truck accident is the best way to preserve this information.
Trucking companies and their insurers often deploy rapid-response teams to the scene to collect evidence that benefits them. You need a professional on your side to do the same for you.
Your lawyer can immediately send a spoliation letter to the trucking company. This formal legal demand instructs them to preserve all relevant evidence related to the crash.
Data From the Truck’s Black Box
Commercial trucks have an Electronic Control Module (ECM), often called a black box. This device records crucial data about the truck’s operation in the moments before a crash.
It can show the truck’s speed, whether the brakes were applied, and other operational details that help reconstruct the accident sequence.
Company Records and Driver Logs
Trucking companies maintain extensive records that can contain important clues about liability. These include the driver’s qualification file, drug and alcohol test results, Hours-of-Service logs, and detailed vehicle inspection and maintenance records.
This information can reveal a pattern of negligence, such as a history of hiring unsafe drivers or failing to maintain their fleet properly.
Types of valuable evidence to collect may include:
- Police Report: This official document provides a narrative of the accident and may include the officer’s initial assessment of fault.
- Photos and Videos: Visual documentation of the accident scene, vehicle damage, and your injuries serves as powerful proof.
- Witness Statements: Independent accounts from people who saw the accident can help corroborate your version of events.
- Medical Documentation: A complete file of your medical records and bills establishes the extent of your injuries and their financial cost.
Documenting Your Damages for a Commercial Truck Accident Claim
To secure a fair settlement, you must document every loss you suffered because of the accident. These losses, known as damages, fall into two main categories: economic and non-economic.
Your attorney will help you document all of your compensable damages, which may include:
- Medical Treatment: This covers all costs for emergency services, hospital stays, surgeries, and doctor appointments related to the crash.
- Future Medical Needs: You may seek compensation for projected expenses like ongoing physical therapy, prescription medications, and necessary home modifications.
- Lost Wages: This reimburses you for the income you couldn’t earn while recovering from your injuries.
- Reduced Earning Capacity: This payment addresses the long-term financial impact if your injuries limit your ability to earn a living in the future.
- Vehicle and Property Repair: If your vehicle was declared a total loss, you may recover the funds needed to repair it or the cost to replace it.
- Physical Pain and Suffering: This compensates you for the physical pain and discomfort you have endured due to the injuries from the accident.
- Emotional Distress: This acknowledges the significant mental and emotional trauma, such as anxiety or post-traumatic stress, resulting from the collision.
How a Personal Injury Lawyer Assists After a Truck Collision
Figuring out what to do after a truck accident on your own is extremely difficult. An experienced truck accident attorney takes the legal burden off your shoulders. They handle every aspect of the claim, from the initial investigation to final negotiations, so you can focus on your recovery.
Here is how a lawyer helps:
- Independent Investigation: Your attorney directs an independent investigation, often working with accident reconstruction specialists, to gather and analyze all evidence and perform a deep dive into the trucking company’s safety record.
- Expert Management: They retain and work with industry experts, such as accident reconstructionists and medical life care planners, to build a powerful case for compensation.
- Strategic Communication: A lawyer takes over all communication with the trucking company and its insurance providers, protecting you from their tactics.
- Full Damage Calculation: They work with financial and medical experts to calculate the total value of your claim, including future medical needs and lost income.
- Forceful Negotiation: An attorney will aggressively negotiate for a full and fair settlement covering all your accident-related losses.
FAQ for What To Do After a Truck Accident
In Texas, the statute of limitations for personal injury claims, including those from truck accidents, is generally two years from the accident. Building a strong truck accident case requires immediate evidence preservation, and delays can weaken your claim.
Truck accident cases are more complex due to several factors. They often involve severe injuries and higher damages. They also fall under special federal and state traffic laws. Finally, these cases frequently involve multiple liable parties, not just a single driver.
The most important action you can take is to protect your health, so follow every piece of medical advice from your doctors without exception. Then, contact a truck accident attorney before you speak to insurance adjusters or sign any documents.
Don’t accept an initial settlement offer without consulting an attorney. Insurance companies often make quick, low offers to close a claim before the full extent of your injuries and financial losses is known. First offers rarely represent the fair value of a commercial truck accident claim.
Insurance adjusters often try to shift blame to the victim to reduce or deny a claim. However, Texas law follows a modified comparative fault rule. This means you can still recover damages as long as you’re found to be 50% or less at fault for the accident.
Your percentage of fault reduces your final compensation award. Your lawyer’s job is to conduct an independent investigation to gather evidence proving the truck driver’s liability and minimize your percentage of fault.
Most trucking companies involved in interstate commerce must follow rules set by the Federal Motor Carrier Safety Administration (FMCSA). These federal regulations govern many aspects of the trucking industry, including Hours-of-Service rules that limit how long a driver works, mandatory drug and alcohol testing, driver qualification requirements, and detailed vehicle inspection and maintenance standards.
An attorney can investigate whether a violation of these safety regulations contributed to your accident.
Sometimes, a trucking company will classify its drivers as independent contractors to avoid liability. But Federal Motor Carrier Safety Administration (FMCSA) regulations ensure that trucking companies take responsibility for the safety of the trucks operating under their authority.
Federal law often treats a driver operating under a company’s USDOT authority number as a statutory employee. This means that even if the driver is an independent contractor, the law essentially views them as an employee when it comes to responsibility for an accident. This policy prevents companies from outsourcing their safety duties to protect the public.
You can typically request a copy of the police report from the law enforcement agency that responded to the scene, such as the local police department or state highway patrol. You may need to provide the date of the accident, the location, and a report number if you have it. Many agencies now offer an online portal for these requests.
Your attorney can also obtain the official report on your behalf.
Let Us Handle the Fight
You don’t have to face a large trucking company and its insurers alone. Securing strong legal representation sends a clear message that you won’t be pushed into an unfair settlement. A dedicated attorney can give you the space you need to heal while they work to protect your future.
At Ryan Orsatti Law, we handle complex truck accident cases for clients across Texas. We’re ready to stand up for you and demand the accountability you seek. Contact Ryan Orsatti Law for your free consultation today at 210-525-1200.