In 2022, there were 5,837 large trucks involved in fatal accidents throughout the United States. This was a 1.8% increase over the previous year, continuing a 49% increase over the last 10 years. As the risk increases over time, it becomes more and more important to know what to do after a truck accident.
6 Steps To Take After a Truck Accident
Truck accidents can be incredibly sudden and surprising, not to mention devastating. The mix of panic and adrenaline can make it difficult to stay calm and figure out what to do next. Try to remember these steps so you can protect your well-being and achieve the best possible financial outcome after a truck accident:
1. Prioritize Safety
The first thing to do after any accident is to move your vehicle to a safe location by the side of the road. Turn on your hazard lights to help alert other drivers so that they can slow down and proceed with caution.
Immediately check yourself and others for injuries. If someone needs help, you should assist them if you are able. If anyone is stuck or if there are any noticeable injuries, be sure to mention it when you report the accident to the police.
2. Call 911
After an accident in Arizona, New Mexico, Colorado and California, the law requires you to call 911, especially in the case of a truck accident that can cause significant injury and property damage.
Wait at the scene for first responders to arrive. You should not leave the scene of a car accident, even if the damage is minor or if neither driver sustained any injuries. The police can charge you with a hit-and-run if you leave prematurely. If it later comes to light that either side suffered damage or injuries that were not immediately apparent, the person who left the scene of the accident can face even harsher consequences.
When police arrive at the scene, they will conduct an initial investigation and generate a police report. The police report can become crucial evidence if you decide to file a claim against the other driver.
3. Get Medical Attention
When you call 911 to report your truck accident, medical responders will likely dispatch to the scene as well. Let the EMT check on your condition even if you do not notice any pain or injuries.
If they deem that you are in critical condition, medical responders will attempt to stabilize you and transport you to the hospital immediately. If your condition is not life-threatening, they will provide first aid and recommend getting yourself to the hospital for a more thorough evaluation later.
It is extremely important to see a physician after a truck accident because this will generate medical records related to your accident. These records can serve as proof of your damages, and they establish that you followed proper procedures after the crash.
4. Document the Scene
If it is safe for you to do so, document the scene of the accident as much as possible before you leave. Take plenty of photos or videos that can back up your account of the events. Be sure to capture the damage to both vehicles, any skid marks on the road, and the overall scene and its surroundings.
Proper documentation also includes exchanging information with other people at the scene. Make sure to get the truck driver’s name, employer details, license plate number and personal insurance information. If any witnesses saw the accident take place, ask for their contact information so you or your lawyer can reach out to them later.
5. Call a Personal Injury Attorney
The sooner you involve an attorney in your truck accident case, the more benefit they can provide for you. Calling your lawyer as soon as possible after the accident will ensure that you have guidance on what to say to the insurance company. It will also give them the chance to start investigating the crash before any crucial evidence can become lost.
Consulting with a personal injury attorney can also dispel a lot of the uncertainty you might feel after a truck accident. They can help you understand how much compensation you can get from an insurance settlement. They can also explain the entire claim process to you step-by-step so that you can fully relax and recover while they handle the case on your behalf.
6. Contact Your Insurance Company
If the other driver was responsible for causing your accident, you will eventually file a claim with their insurance company. However, you should also report the crash to your auto insurance provider. Even though your insurer represents you, it is still important to be careful what you say to them. Avoid admitting fault and follow any advice provided by your personal injury lawyer.
Think Twice Before Accepting a Settlement
If the truck driver caused your accident, the insurance company representing the driver or the trucking company might reach out to you directly. They may do this to get your side of the story or to offer you a settlement. It is generally a good idea to avoid engaging in these types of conversations without your lawyer present. The insurer may be trying to urge you into accepting a lowball settlement or admit fault for the accident.
If the insurance company contacts you in this way, you have every right to request that they speak to your attorney instead. Personal injury lawyers have the tools to discuss with insurers on equal footing. This will prevent the insurance company from trying to take advantage of you. Your legal team will also use every resource at their disposal to negotiate for a higher settlement.
Determining Fault in a Truck Accident Case
If you have medical bills or property damage after a truck accident, you can pursue compensation from the truck driver or company. However, this means proving that the other party is at fault for your damages.
An investigation will determine who is at fault and their exact percentage of fault. Insurance adjusters and personal injury attorneys examine every aspect of the accident to figure out what happened and who behaved negligently.
Negligence is usually the main indicator of fault in an accident case, but sometimes, more than one party may be liable. For example, a truck accident might occur because the driver exceeded their hours of service limits and fell asleep behind the wheel. While this might seem like the driver’s fault, an investigation might reveal that the company coerced the driver into operating their vehicle beyond regulations or did not properly educate the driver on the hours of service regulations.
Truck accidents are complex, so it is worth your while to wait for your legal team to conduct a full investigation before agreeing to a settlement. You can maximize the amount of compensation you receive by pursuing damages from all negligent parties.
Common Causes of Truck Accidents
Knowing the cause of a truck accident can make it clear that the negligent party is liable for your damages. Truck accident lawyers will point to the exact type of accident and the circumstances leading up to it to prove how much compensation the insurance company owes.
Many truck accidents happen because of poor vehicle maintenance, improper cargo loading, driver distraction or even dangerous road conditions. Any group that shares responsibility for the vehicle’s upkeep may be liable for an accident, from the company to the maintenance crew and, of course, the drivers themselves.
These factors can lead to devastating types of truck accidents, such as:
- Rollover accidents
- Jackknife accidents
- Sideswipes
- T-bone collisions
- Rear-end collisions
What To Expect From a Truck Accident Settlement
If you are lucky enough to walk away after a truck accident with only minor damages to your vehicle, you might wonder if it is worth the trouble of filing a claim. Keep in mind that the average truck accident settlement in Arizona is worth more than $1 million. It is always worth pursuing what the insurance company owes you because it may be far more than you expect.
At the very least, your truck accident settlement should cover all current and future losses you will experience as a result of the accident. These often include:
- Medical expenses
- Vehicle repairs
- Lost income
- Permanent disabilities
- Pain and suffering
Make sure to keep copies of your property damage estimates, medical bills and all other forms of documentation related to the truck accident. These serve as proof of how much the insurance company owes you. They can also help your attorney calculate future costs you might incur, such as the need for ongoing treatment or special equipment to overcome a disability.
Understanding Comparative Negligence Laws
Comparative negligence is a legal principle that limits how much compensation you can receive for an accident based on your degree of fault. For example, if a judge determines that you shared 10% of the fault for a truck accident, you could only recover 90% of your total damages.
Arizona, New Mexico and California operate under a “pure comparative negligence” law. This means that a person can still recover some damages even if they bear the majority of fault. Theoretically, the at-fault driver can recover 1% of their damages from the insurance company if they bear 99% of the blame.
Colorado has a modified comparative negligence rule. It functions the same as in pure comparative negligence states, but a person loses the right to receive any compensation if they are 50% at fault or more.
In states that follow comparative negligence rules, it is especially important to establish the other party’s fault. Proving their liability and your lack of fault will ensure you get as much compensation as you deserve.
Keep Track of the Statute of Limitations
A statute of limitations is a deadline for taking legal action against someone for a particular incident. In Arizona and California, the statute of limitations for a vehicle accident is two years from the date it occurs. In New Mexico and Colorado, the statute of limitations is three years.
It is no longer possible to file a claim for compensation after the statute of limitations passes. This is why it is so important to start the process as soon as possible after you experience a truck accident.
Another reason to start your claim early is that the process can be lengthy. Even if it is clear that the other party is at fault, it can still take several months to negotiate a fair settlement. If the case is more complex, it may end up taking more than a year, especially if you need to take the insurance company to court.
Most truck accident cases will not last for the entire span of the statute of limitations, but it is still worth consulting with an attorney who can get the process moving quickly. Your lawyer will keep the case on a strict timeline, keeping you informed every step of the way and spurring the insurance company to take timely action.
Avoiding a Truck Accident
Even though truck drivers are certified professionals who make a living on the road, this does not mean they will not make mistakes. There are precautions you can take to minimize the odds of experiencing a truck accident yourself:
- Leave space for the truck to brake or make wide turns
- Be aware of blind spots behind the truck and along the sides of its trailer
- When passing a truck, do so quickly and carefully
Like all other motorists, truck drivers still have an obligation to be aware of their surroundings at all times. The fault lies with them if they make reckless or negligent decisions, but watching out for your own safety can help prevent an accident that would significantly disrupt your everyday life.
Call Sargon Law Group After a Truck Accident
At Sargon Law Group, we are passionate about providing supportive guidance for what to do after a truck accident. Our truck accident attorneys represent injured people in Arizona, New Mexico, Colorado and California. We want to make sure you can rest, recover and get as much compensation as you deserve from the trucking company that caused your accident.