The steps you take after any accident, especially involving a large commercial truck, will be critical to your financial recovery. A crash with one of these massive vehicles will likely leave you with property damage and serious bodily injuries.
Contact an experienced truck accident attorney if you or a loved one has sustained an injury or lost their life in a truck accident. You do not need to pursue financial compensation on your own. Schedule a free consultation, start creating your legal team, and pave the way to full and fair financial recovery today. Don't face the complexities of a truck accident case alone—seek the guidance of a knowledgeable truck accident lawyer to navigate the legal process and advocate for your rights.
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What Should I Do After a Truck Accident?
As an accident victim, you need to act to protect your rights after a crash. Consider taking the following steps if you have been in a truck accident.
Get Medical Attention Right Away
After getting into a truck accident, you need immediate medical intervention. Seeing a doctor right after a crash can help protect your physical health and case.
Skipping the doctor after an accident gives the insurance company exactly what they need to deny your accident claim. Insurance companies look for any reason to avoid making payments for accident claims. Insurance adjusters work overtime to protect the company's bottom line. One way that the insurance company can help protect profits is by using underhanded tactics against injury victims. Examples of these common tactics can include the following:
- Blame-shifting
- Offering a quick and inadequate settlement offer
- Delaying communication between you and the insurance adjuster
In addition to getting prompt medical care, you should work to complete your medical treatment plan. Not completing a medical treatment plan created by your physician gives the insurance company another excuse to deny your accident claim. The insurance company will argue that your injuries are not serious and you do not require payment for your damages. Compliance with medical professionals will help your legal action in the long run.
Will The Insurance Company Have Access To My Medical Records?
During the investigation, it is likely that the opposing insurance company will ask you for your signature on a medical authorization release form. You need to not sign anything unless you get legal advice first. Signing a medical authorization release form can put you at risk of exposing your entire medical history. Again, you must be careful not to give the insurance company any reason not to accept your claim. If the insurance company discovers anything in your medical history that can work against you, they will leverage it. Your lawyer will guide you in deciding whether signing any medical authorization release is your best choice.
Do Not Make Statements Without An Attorney
Be careful who you speak with after a car accident. Right after a car accident, you need to watch what you say and to whom you say it. You can expect to receive communication from the insurance company immediately after the accident. An insurance adjuster will probably call you and ask about details regarding the case. Speaking to an insurance adjuster without first talking to an attorney is never a good idea.
Do Not Admit Fault or Liability For the Accident
Never admit fault after an accident. It is a natural reaction after an accident to feel overwhelmed after a crash, and you might apologize for the accident out of instinct. Try hard to fight that instinct. It is always best to wait to make a statement until you speak to an attorney.
Keep your guard up against making callous statements after an accident. Your attorney acts as your advocate and can also act as your mouthpiece to help protect you from saying something that you do not mean. Relying on your attorney can help relieve some pressure so that you can fully recover physically and emotionally after a truck accident.
Avoid Posting To Social Media
In today's world, posting about our daily lives on social media is a natural reaction. We do it without a second thought. However, be careful about posting on social media after an accident. Insurance companies work hard to go through your social media presence with a fine-toothed comb, looking for anything that will downplay your claim.
Watch Out For Requests For Written And Recorded Statements
The insurance company will likely ask you for a written or recorded statement after an accident. Both types of statements can happen during an interview with an adjuster after the accident. The purpose of getting the statement is to lock each party into their story about how the accident happened. This is another tactic insurance companies use to avoid paying out claims.
Be careful about when you agree to give the insurance company a settlement. Examples of what insurance companies are looking for in a statement include:
- If you know whether other people were involved in the crash
- If you need ongoing medical treatment
- Whether your doctor has released you from a treatment plan
- Whether you have gotten medical treatment
- A description of your injuries
- Anything that you remember about how the accident happened
An insurance company can use your information against you as the case progresses. Many insurance companies use these statements as evidence in a civil trial. The insurance company will use any inconsistencies or discrepancies between your statement and any testimony you provide later in the case or at trial.
Contact a lawyer and seek legal advice before making any statements, particularly to an insurance company. A legal professional can guide you in approaching and framing your statements, ensuring that you protect your interests and avoid potential pitfalls in the claims process.
Federal Restrictions For Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) regulates the American trucking industry. Because of these regulations, truck drivers face more serious consequences than passenger car drivers.
Negligent drivers risk losing their livelihood if they cause an accident. For example, speeding truck drivers who cause an accident might get their CDL license suspended or revoked.
Trucking companies face the same standards as their drivers. A trucking company that hires a driver to make deliveries for them must take responsibility for their negligence. For example, if the driver speeds through a red light and causes an accident, the victim likely has a cause of action against the driver and the company they works for. Depending on what caused the accident, the trucking company might be liable for civil actions like negligent retention, supervision, or hiring. The trucking company may undergo an FMCSA investigation in a severe accident and face elevated insurance rates.
Truck Accident Statistics
According to statistics published by the National Safety Council (NSC) regarding truck crashes, truck accidents happen way too often. The following are statistics about truck crashes in the United States published by the NSC:
- 5,788 people died in truck accidents.
- Over 100,000 large truck drivers were involved in accidents that caused injuries nationwide.
- Deadly truck accidents have increased by 49 percent in the last ten years.
- Within one year, truck accidents increased by 18 percent.
- 5,700 large trucks were involved in fatal accidents.
Truck accidents tend to happen in certain areas. Also, according to the NSC, here is where you can expect to encounter a commercial truck and get into an accident:
- Non-interstate areas saw 73.99 percent of all truck accidents.
- Work zones had 5.59 percent of all large truck accidents.
- Non-work zone traffic accidents saw 94.1 percent of truck accidents.
- Urban areas saw 45.47 percent of all truck accidents
- Rural areas saw 45.47 percent of all truck accidents
- Interstate truck accidents sat at 26.01 percent of all truck accidents
Treat commercial truck accidents with the seriousness they deserve due to their significant consequences. These accidents can happen at any moment. If you or your loved one has suffered an injury in a truck accident, you need legal counsel immediately. Contact an experienced accident attorney to start your journey to financial recovery.
How Can a Truck Accident Attorney Help Me After a Crash?
An experienced truck accident attorney can navigate you through the complexities of a truck accident lawsuit. Truck accident victims represented by legal professionals often achieve more favorable outcomes than those without representation. An attorney can play a crucial role in securing the compensation you require. Here are some specific ways an attorney can assist in this process.
Negotiate a Settlement
Your attorney will work to maximize your settlement with the insurance company. Settlement negotiations typically conclude most accident cases. An attorney experienced in truck accident cases can guide you in assessing whether the offer from the insurance company is fair. The insurance company might fight you because they want to pay nothing to accident victims if they can. An attorney can guide you in understanding your right to recovery and shield you from insurance adjusters.
Help You File An Insurance Denial
Insurance companies sometimes deny valid claims. They usually give bogus reasons for not approving the claim. For example, the insurance company may represent that your policy does not cover your claim. If that happens, having an attorney review the terms of your policy and file your appeal can put you back on track to getting approval for your insurance claim.
Investigating The Accident Claim
Your attorney can assist in investigating the cause of the accident. Trucking companies will likely have a large legal team working on their behalf so that they can avoid taking accountability for causing the accident. You need legal help, too. Your attorney will work hard to investigate the case. A typical investigation might include interviewing witnesses, reviewing your medical records, and visiting the accident scene, among other things. Having a professional work on your case is the best way to get the compensation you need to move forward with your life.
File a Personal Injury Lawsuit
Sometimes, accident victims can file a personal injury lawsuit if they cannot recover all their losses from the opposing party's insurance company. Accident victims typically file personal injury lawsuits against the defendants themselves to recover the remainder of their losses.
Filing a civil lawsuit can quickly become overwhelming, especially if you have never been involved in an accident case before. By adhering to procedural rules, your attorney can safeguard your legal rights and prevent your case from being dismissed on technical grounds.
Represent You At Trial
If your case is unresolved during the negotiation phase, it will proceed to trial. Facing the inside of a courtroom alone can be intimidating, but with an attorney working for you, the prospect of taking your case to trial becomes less daunting. Your legal team will guide you through the complexities of the trial process and present your case persuasively, significantly enhancing your chances of obtaining the full and fair compensation you deserve.
What Can I Expect During My First Consultation?
The first consultation is essentially a conversation between you and an attorney about the details of your case. You can describe your injuries and other losses to the lawyer you speak to. Consider taking some of the following documentation that proves your losses to your initial consultation. Using these documents can help your lawyer understand the extent of your harm.
- Records from a mental health professional.
- Documentation relating to any lost income.
- Your medical records with your doctor's notes about the prognosis and how long it will take you to fully heal.
- An itemization of your accident-related medical bills.
- Pictures of your injuries.
- Pictures of your property damage.
- A list of witnesses, including friends and family, can describe how your life has changed since the accident.
Contact A Truck Accident Lawyer Attorney Today!
The best way to secure the full and fair compensation you deserve after a truck accident is to seek an attorney's assistance. Creating a legal team is crucial to advocating for yourself against a large trucking company and its drivers. Don't hesitate to call a personal injury attorney immediately if you have suffered an injury in a truck accident. Your legal team will present your case persuasively, increasing your chances of obtaining full and fair compensation.
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
Author's Bio