A truck accident can leave victims feeling disoriented and overwhelmed, making it difficult to know what to do next.
The steps you take immediately after the truck wreck can have a significant impact on your physical recovery and your ability to seek compensation later.
In many instances, victims may be unable to fully complete these steps due to severe injuries or the circumstances surrounding the accident.
If this happens, an experienced truck accident attorney can step in to help gather evidence, handle communication with insurance companies, and protect your rights.
These steps are designed to preserve crucial evidence, establish liability, and create a strong foundation for your truck accident claim.
While it may be difficult to focus on these actions in the immediate aftermath, they benefit victims in the long run by supporting their ability to recover compensation for medical bills, lost wages, and other damages.
At the Piscitelli Law Firm, we understand the challenges victims face and are here to guide you through every stage of the process.
Steps to take after a truck collision include:
- Seek Medical Attention Immediately: Your health and safety should always be the top priority. Get medical care as soon as possible, even if your injuries seem minor, to ensure proper diagnosis and treatment.
- Call 911 and Report the Accident: Notify law enforcement so they can document the crash in an official police report, which will be important for your case.
- Document the Scene (if possible): Take photos or videos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
- Collect Contact Information: Obtain the names, phone numbers, and insurance details of the truck driver and any witnesses at the scene.
- Avoid Admitting Fault: Be polite but refrain from discussing fault or making statements that could be used against you later.
- Keep Records of All Expenses: Save receipts, medical bills, and records of missed work to track the financial impact of the accident.
- Contact an Experienced Truck Accident Attorney: An attorney can help investigate the accident, identify liable parties, and handle negotiations with insurers while you focus on your recovery.
Even if you are unable to complete some of these steps yourself, an attorney can step in to fill the gaps and build a strong case on your behalf.
Taking these actions as soon as possible protects your rights and ensures you have the best chance of obtaining fair compensation for your losses.
Gather Evidence for Your Truck Accident Claim
Evidence is the foundation of any successful truck accident claim.
Proper evidence and documentation helps establish who is at fault, proves the extent of your damages, and strengthens your ability to negotiate with insurance companies or present a compelling case in court.
Types of evidence in a truck accident case may include:
- Police Reports: Official documentation of the crash, including statements from the truck driver and other involved parties.
- Photographs and Videos: Visual evidence of the accident scene, vehicle damage, road conditions, and any visible injuries.
- Truck Driver Logs: Records that track the driver’s hours and compliance with federal regulations.
- Maintenance Records: Documentation showing whether the truck was properly inspected and maintained.
- Cargo Records: Evidence of improperly loaded or overloaded cargo that could have contributed to the crash.
- Witness Statements: Testimonies from individuals who saw the accident or have relevant information about the events leading up to it.
- Black Box Data: Electronic data from the truck’s onboard recorder, which can reveal speed, braking, and other critical details.
- Medical Records: Reports and bills documenting the extent of your injuries and the treatment you’ve received.
Thorough evidence collection is key to building a strong truck accident claim.
An attorney can help identify and preserve this critical information, strengthening your case and increasing your chances of achieving the compensation you deserve.
Common Damages in Truck Accident Claims
Damages in a truck accident lawsuit refer to the compensation sought by victims for the losses they have suffered due to the crash.
These losses can be financial, physical, or emotional, and they are typically divided into two categories: economic damages and non-economic damages.
Economic damages include measurable costs like medical expenses and lost wages, while non-economic damages cover intangible losses such as emotional distress and pain and suffering.
Because accidents involving large commercial trucks often result in severe or catastrophic injuries, the damages in these cases are typically higher than those in a standard car accident claim.
An experienced lawyer plays a crucial role in calculating and assessing damages by working with medical providers, financial experts, and accident investigators.
Attorneys begin investigating every aspect of the crash to understand its full impact on the victim’s life and to build a case for maximum compensation.
Types of damages in a truck accident claim may include:
- Medical Expenses: Costs for emergency care, surgeries, hospital stays, ongoing treatments, physical therapy, and medications.
- Lost Wages: Compensation for time missed from work due to the accident and future earning capacity lost due to long-term injuries.
- Property Damage: Costs to repair or replace your vehicle and other personal property damaged in the crash with a commercial truck.
- Emotional Distress: Non-economic damages for the psychological toll of the accident, including anxiety, PTSD, or depression.
- Pain and Suffering: Compensation for physical pain and the long-term effects of serious injuries.
- Loss of Consortium: Damages for the impact of the accident on relationships with a spouse or family members.
- Rehabilitation Costs: Expenses related to ongoing medical care, such as occupational or vocational therapy.
- Future Medical Costs: Anticipated expenses for long-term care, including surgeries, medical equipment, or specialized treatment.
Calculating these damages requires a comprehensive understanding of how the crash and injuries affect every aspect of the victim’s life.
An experienced lawyer will build a strong case to help victims recover the full compensation they need to rebuild after a devastating truck accident.
Who Can Be Held Liable in a Truck Accident Case?
A truck accident claim is very different than a standard auto accident case. In truck accidents, multiple liable parties could be identified, making the process of establishing liability more complex.
The trucking industry involves many entities, including the truck driver, trucking company, and others, all of whom may share responsibility for the accident.
Determining the party responsible requires a detailed investigation of evidence, such as maintenance records, driver logs, and company policies.
A truck accident attorney plays a vital role in uncovering negligence, whether it’s due to overloaded trucks, improper maintenance, or driver error.
By analyzing key details, such as whether the truck was overloaded, if proper inspections were conducted, or if the driver was fatigued, an attorney can build a strong case against the responsible parties.
Trucking companies often have aggressive legal teams, so having experienced representation is critical to holding them accountable.
Below are some of the potentially liable parties in a truck accident claim:
- Truck Driver: Responsible for safe operation of the vehicle and adherence to hours-of-service regulations.
- Trucking Company: May be liable for poor hiring practices, inadequate training, or pressuring drivers to violate safety rules.
- Cargo Loaders: Liable for improperly loaded or overloaded trucks that compromise safety.
- Truck Maintenance Providers: Responsible for ensuring vehicles are properly inspected and repaired.
- Vehicle or Parts Manufacturers: Liable for defective equipment, such as faulty brakes or tires.
An experienced truck accident attorney will thoroughly investigate your case, leaving no detail overlooked to establish liability and maximize your compensation.