What to Do After a Serious Trucking Accident

Trucking accidents aren’t the same as car accidents. Trucks are far more massive than cars, and they carry much greater momentum. An out-of-control truck is like a missile rolling down the highway. Damages tend to be far greater. Deaths are far more common, as are permanent debilitating injuries.

Why immediate action is critical

What you do immediately after a truck accident can determine the ultimate value of your personal injury claim as well as the speed of your physical recovery. Here’s what to do in the immediate aftermath of a truck accident.

• Call 911 to summon the police and an ambulance. A 911 call will also get you immediate medical treatment as well as a police report that you can use in settlement negotiations.
• Preserve evidence at the scene if you’re able. Photograph the position of the vehicles immediately after the accident, skid marks, vehicle damage, injuries, the truck’s license tag, and anything else that might be useful.
• Get names and contact details for witnesses, police, the tow truck operator, and anyone else involved in the accident, especially the truck driver. Exchange insurance details with the truck driver.

Failure to collect evidence at the scene could deprive you of the means of proving your claim.

Get medical attention even if you feel OK

If you suffered any impact at all, then assume you’re injured even if you feel OK. Some injuries, such as soft tissue injuries, whiplash, and traumatic brain injury, can take time to show symptoms. If you ignore them, you deprive yourself of the medical records that you will need to establish your injuries and connect them to your accident.

Failure to seek immediate medical help could prevent you from proving that the accident caused the injuries that you will be seeking compensation for. The insurance company will almost certainly claim that your injuries didn’t occur until after the accident and therefore were not caused by the accident.

Document everything while your claim is pending

Keep track of all of your medical appointments and out-of-pocket expenses. Include everything, even parking fees at the doctor’s office. Keep receipts, because insurance companies and courts place great emphasis on documentary evidence.

Keep a daily pain journal/recovery log where you document the suffering you are enduring and record how your injuries are affecting your daily life. Specific day-to-day records are far more persuasive than vague recollections later on.

Don’t speak to the trucking company’s insurer without legal advice

Adjusters may ask questions in ways that could hurt your claim. If you speak to an adjuster on the phone, you can be certain that your call will be recorded and possibly used as evidence against your claim. Your best bet is to hire a lawyer and tell the insurance company to talk to them and leave you alone.

The importance of investigating the trucking company

Although some truckers are independent contractors, the trucking company may still be liable if it exercised control over the driver or negligently hired, trained, or supervised them. Trucking is a highly regulated industry, and the trucking company might have violated federal hours‑of‑service or maintenance rules. You can use logbooks and black‑box (ECM) data to prove fault, for example. You should also investigate possible trucking company hiring, training, and supervision failures.

Preserving and accessing critical evidence

The evidence-gathering process should continue throughout the pendency of your claim.

• Send relevant parties evidence spoliation letters to prevent the destruction of logs, GPS, and repair files that might serve as useful evidence.
• Make sure to obtain dash cam or traffic cam footage before it is overwritten (which could happen within as little as 24 hours).
• Use experts to download and interpret electronic control module data.

If the parties in possession of the evidence refuse to cooperate, you might need to file a lawsuit simply to engage in the court-supervised pretrial discovery process. The court can then compel the other side to cooperate with your evidence demands.

Why you need a lawyer: truck accident claims tend to be complex and high-value

There are several reasons why truck accident claims tend to be complex and high-value:

• They frequently involve multiple defendants—the truck driver, the trucking company, the maintenance contractor, a parts manufacturer, etc.
• Federal trucking regulations are extensive. Uncovering a violation could win your claim for you.
• Trucking insurance policies carry higher limits than ordinary auto policies.
• Damages tend to be high because truck accidents tend to be serious.

Hiring the right legal team early on is critical

Your choice of which law firm to use might turn out to be the most important decision you make in the entire case. Hire a legal team with experience handling truck accidents, especially FMCSA regulations and evidence protocols. Your team needs to be ready to investigate the scene of the accident quickly, and it needs access to competent accident reconstruction experts.

Above all, your legal team needs to be willing to work on a contingency fee arrangement. That means you pay nothing in attorney’s fees unless they win your case.

A good lawyer can help you recover compensation for losses you might not even be aware you are entitled to. The true value of your claim likely adds up to far more than simple reimbursement of your medical bills.

It likely also includes past and future medical bills, rehabilitation, assistive medical devices, lost wages, reduced earning power, vocational retraining, pain and suffering, emotional distress, and loss of enjoyment of life. A skilled attorney will work with medical experts and vocational specialists to estimate future care costs, and loss of earning capacity.

You don’t have to face this alone

A skilled personal injury lawyer could increase the value of your claim well in excess of the amount you pay in legal bills. While every case is different, many injured victims recover more with experienced legal representation than they could on their own—even after legal fees.

Timely guidance and sound legal advice from your lawyer prevents insurance companies and defendants from controlling the narrative–and the fate of your claim. Wagner Personal Injury Lawyers and Workers’ Compensation Attorneys has protected many Chattanooga families hurt by careless truckers. Our local attorneys know every mile of I‑24, I‑75, and U.S. 27, and their record against national carriers shows it. Schedule a free consultation today.