Being involved in a truck accident can be an extremely traumatic experience. In 2023 alone, over 4,000 people lost their lives in truck accidents across the U.S. The immediate aftermath of such a collision involves not only dealing with potential physical injuries but also the emotional and legal ramifications that follow. After the accident, you may be in an emotionally vulnerable and disoriented state of mind, making it easy to make the wrong decisions or fail to collect vital pieces of evidence.
We’re here to guide you through what happens if a truck driver has an accident. From ensuring your safety and the safety of others to gathering essential evidence, we’ll equip you with the information you need to navigate the aftermath of a truck accident with clarity and confidence.
1) Stop And Attend To Anyone Who Is Injured
In the immediately after a truck accident, your first priority should always be the safety and well-being of all individuals involved. Take a moment to assess the situation calmly and act accordingly to help those in need.
Safely bring your vehicle to a stop, turning on hazard lights to alert oncoming traffic. If your vehicle is causing a hazard in the roadway, try to move it to the side. However, if there are injuries or significant vehicle damage, it’s often best to leave everything as is until emergency services arrive.
Immediately check on all parties involved, including passengers, pedestrians, and the occupants of the other vehicle(s), to assess their condition. If anyone is injured, provide immediate assistance within your ability, but be cautious not to move anyone severely injured unless there’s an immediate danger (like a fire), as this could worsen their condition.
If there are serious injuries or if there’s any doubt about someone’s physical condition, call for medical help right away. Dial 911 to report the accident and request an ambulance. Be clear about the location and the severity of the injuries to ensure a swift response.
2) Call The Police And Report The Crash
After addressing immediate health concerns and ensuring the safety of all involved, the next crucial step is to formally report the truck accident. This involves calling the police to the scene, a move that is not only legally required but also critical for the documentation and handling of the accident.
Regardless of the accident’s severity, you need to call the police immediately. This ensures that the accident is officially recorded and that any necessary emergency services are dispatched to the location. The responding officers play a key role in securing the accident scene, directing traffic to prevent further accidents, and providing initial guidance on what you should do next.
Once the police arrive, they will gather information about the accident. This is your opportunity to share your version of events. Be clear and factual about what occurred, providing any details you remember about the lead-up to the crash, the crash itself, and the immediate aftermath. The officers will compile an accident report based on the information gathered from you, the other party (if possible), and any witnesses.
This report is invaluable, serving as a key piece of evidence should you need to pursue legal action or file an insurance claim. It documents the facts of the accident, including the date, time, location, and parties involved, along with any citations issued or violations noted.
While it’s important to be honest in your account, be mindful not to admit fault. The determination of fault is complex and should be left to the investigation by law enforcement and later, possibly, by your legal representation. Phrases like “I’m sorry” or speculative comments can be misconstrued as admissions of guilt.
Taking these steps seriously and engaging cooperatively with law enforcement at the accident scene can significantly impact the ease with which you navigate the post-accident processes. The police report generated becomes a foundational element in your case, serving as an authoritative record of the incident that can support your claims and help establish the facts clearly and objectively.
3) Exchange Information With All Involved Parties
The information gathered at the scene forms the backbone of any future claims or legal actions. It ensures that all parties involved can be contacted and held accountable. Moreover, the details collected will be used to initiate insurance claims, facilitate investigations, and serve as evidence should the case go to court.
Here’s the type of information you’ll need to collect:
- Basic Contact Info: Collect names, addresses, phone numbers, and email addresses from everyone involved, including the truck driver and other motorists. This basic contact information is crucial for both immediate follow-up and any legal actions that may be necessary.
- Insurance Information: Also make sure to exchange insurance policy numbers with all parties. This information is vital for filing insurance claims and determining liability.
- Vehicle And License Details: Make sure to get the vehicle registration information and driver’s license numbers. These details will help identify the vehicles involved and facilitate the legal and insurance processes.
- Responding Officer Information: If police respond to the accident scene, obtain the name and badge number of the officers. They are not only critical witnesses but also the creators of the police report, which is an essential document for your case.
- Witness Contacts: Identify and collect contact information from any witnesses to the crash. Witnesses can provide invaluable third-party perspectives that may support your account of the event.
It’s important to approach this step calmly and methodically, ensuring you collect as much information as possible. However, during these exchanges, remain courteous and professional, focusing solely on gathering the necessary details without discussing fault or liability. This information will play a crucial role in the success of any legal or insurance proceedings that follow.
4) Collect As Much Evidence As You Can
The evidence you collect serves as a tangible record of the accident and its consequences. It can help dispute conflicting accounts of the event, offer clarity to insurance adjusters, and provide critical information for your legal team. In many cases, the quality and comprehensiveness of the evidence you gather can significantly influence the outcome of your claims and the compensation you may receive.
Here’s the type of evidence you’ll need to collect:
- Vehicle Damage: Capture clear, detailed photos of the damage to your vehicle and the truck involved. These images can help assess the extent of the damage and the impact’s force.
- Positioning of Vehicles: Photograph the position of all vehicles involved in the accident. These images are vital for reconstructing the accident scene and determining how the collision occurred.
- Weather Conditions: Take photos that show the weather conditions at the time of the accident. Weather can significantly influence accident circumstances and liability.
- Traffic Patterns: Document the traffic pattern, including any road signs, signals, and markings. This can provide context for the accident, indicating if any traffic laws were violated.
- Injuries: If you or anyone else has sustained injuries, photograph them as well. Visual evidence of injuries can be compelling, illustrating the accident’s severity and impact on your health.
Remember, when collecting evidence, ensure your safety and that of others around you. Do not put yourself or others at risk to obtain photos or information. This evidence will form a crucial part of your narrative, offering a clear, indisputable account of the events and their aftermath.
5) Seek Medical Attention, Even If You Feel Fine
In the wake of a truck accident, you may feel unharmed due to the adrenaline surge that often accompanies traumatic events. This initial rush can mask injury symptoms, making them less apparent immediately after the incident.
If you weren’t treated at the crash scene or immediately taken to a hospital, it’s imperative to get a medical examination right away. This step is not just about your current health; it’s about safeguarding your future well-being and ensuring you have the necessary documentation for any legal or insurance processes that follow.
Some injuries, like whiplash, concussions, or internal bleeding, might not show immediate symptoms. A medical professional can identify these through a thorough evaluation, preventing potential complications down the line.
When you see a doctor or visit the emergency room, make it clear that you were involved in a truck accident. Detail any discomfort, pain, or abnormalities you are experiencing, no matter how minor they may seem. Full disclosure allows for a comprehensive assessment and ensures that all potential injuries are investigated.
6) Inform Your Insurance Company Of The Crash
Informing your insurance company about the truck accident is a necessary step, but make sure to approach this task with caution. Most insurance companies do not have your best interest in mind, so make sure to give them just the facts without any unnecessary details.
If you act promptly and have time to contact an attorney, we would recommend doing this first. However, informing your insurance company about the accident is often a policy requirement, and failing to do so within the specified timeframe can complicate claims processes or, in some cases, result in denial of coverage. To be safe, we recommend contacting them as soon as you can after the accident.
Reporting the accident sets the claims process in motion, allowing your insurance company to start gathering information and assessing damage. This step is essential for facilitating repair, medical coverage, and other forms of support.
When you contact your insurance company, it’s important to stick to the basic facts of the incident. Provide details such as the time, date, location of the crash, and the vehicles involved. Make sure to relay this information without speculating about fault or causes. It’s crucial not to admit fault or make definitive statements about the accident’s dynamics. The determination of fault is a complex process that involves an investigation by your insurance company and possibly law enforcement.
7) Contact An Attorney
Truck accidents are different from standard vehicle collisions, not just in the scale of damage and potential for injury but also in the complexity of the legal proceedings that follow. The substantial financial liability often associated with these accidents prompts insurance companies to scrutinize claims closely, employing tactics aimed at minimizing payouts. It can be extremely difficult to know how to proceed after a truck accident. This is where the expertise of a seasoned attorney becomes invaluable.
Before making any detailed statements or agreeing to recorded interviews with your insurance company, make sure you consult with an attorney. Legal advice is invaluable in ensuring that your communications with the insurance company protect your rights and interests. An experienced attorney can guide you on what information to share and how to navigate the discussions to avoid inadvertently affecting your claim.
Although this is the last step, the sooner you contact an attorney after a truck accident, the better protected your legal rights will be. Early legal intervention can be pivotal in preserving evidence, advising you on communications with insurers, and starting the process of building a strong case on your behalf.
| Benefits | |
|---|---|
| Expert Legal Representation | Receive guidance from lawyers experienced in truck accident cases. |
| Maximized Compensation | Efforts to secure fair compensation for injuries and damages. |
| Investigation Support | Access to resources for investigating the accident thoroughly. |
| Negotiation Skills | Strong negotiators to deal with insurance companies and other parties. |
| Litigation Experience | Capability to handle complex litigation if a case goes to court. |
Common Causes Of Missouri Truck Accidents
While truck accidents have many different causes, a vast majority of them happen as a result of human error. According to the Federal Motor Carrier Safety Administration (FMCSA), approximately 87% of truck accidents occur due to truck drivers’ non-performance or erroneous decision-making.
Contact A St. Louis Jackknife Truck Accident Lawyer
More specifically, the common causes of Missouri truck accidents include, but are not limited to, the following:
- Tired Or Unskilled Drivers: The FMCSA requires truck drivers to follow federal hours-of-service regulations that mandate that they may not drive for more than 11 hours without a break. Many truck drivers, however, decide to violate this regulation and, as such, drive on the road while tired or drowsy.
- Speeding: Trucks have poor maneuverability, which makes them difficult to control in sudden traffic changes. When truck drivers speed, it makes it less likely that they will be able to brake in time to avoid a collision.
- Driving Under The Influence: The legal limit for blood alcohol concentration (BAC) for commercial drivers is 0.04%, lower than it is for traditional motorists (0.08%). This is because commercial drivers have a heightened responsibility when driving, as they often transport hazardous materials or busloads of passengers. Sadly, however, many truck drivers still decide to drive under the influence of drugs or alcohol, making them extremely dangerous to other motorists on the road.
- Vehicle Malfunction Or Defect: Trucking companies must inspect their fleet regularly to ensure their vehicles are in good condition. When trucking companies do not do this, it’s possible that a vehicle malfunction may lead to an accident.
- Weight Improperly Distributed: Trucks’ cargo must be loaded securely and evenly to prevent cargo shift. When this does not happen, a subsequent cargo shift may make the truck difficult to control and can lead to an accident.
Why Truck Accidents Are So Dangerous
The vast majority of victims injured in truck accidents are those in passenger vehicles. This is because a traditional car is no match for a fully-loaded truck that weighs tens of thousands of pounds.
Sadly, many truck accident victims can be left with the following devastating injuries:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Broken Bones
- Injuries Requiring Amputation
- Burns
The aforementioned injuries often require extensive medical treatment and, in some cases, do not allow the injured victim to return to work or live independently for quite some time.
Potential Liable Parties In A Missouri Truck Accident
Most trucks on the road are commercial vehicles, which means that a company owns or leases the vehicle for business purposes. As such, there are many parties involved in the trucks’ operation and maintenance. Therefore, many different entities may be held liable in a personal injury lawsuit for your accident and injuries.
These parties include, but are not limited to, the following:
The Trucking Company
Trucking companies are responsible for hiring qualified drivers and maintaining the performance of their vehicles. If the trucking company hires a truck driver who should not have been on the road—such as one with previous driving infractions—and that truck driver later causes an accident, then the trucking company may be held liable for damages.
Additionally, the trucking company may be held liable for damages if they encouraged their drivers to violate hours-of-service regulations, and a drowsy trucker caused an accident as a direct result.
The Truck Driver
If the truck driver drove irresponsibly—such as by drinking while driving or violating hours-of-service regulations—and their negligence caused an accident, then the truck driver may be held liable for damages.
The Cargo Loaders
A truck’s cargo must be loaded evenly and securely to prevent cargo shift and a subsequent accident. When cargo loaders do not perform their job properly, and a cargo shift leads to an accident, then they may be held liable for damages.
In the wake of a devastating truck accident, it may feel overwhelming to take on large trucking companies. This is why it’s in your best interest to contact a qualified personal injury attorney who can take care of the process for you.
Choose Cantor: Your Trusted Ally In Truck Accident Recovery
Navigating the aftermath of a truck accident alone can be daunting and overwhelming. Contact Cantor Injury Law now at (314)628-9999 for a FREE consultation. Our experienced legal team is ready to fight for your rights and help you secure the compensation you deserve. Reach out to us today and let us take the legal burden off your shoulders so you can focus on your recovery. You Can Count On Cantor.
If you have been in a car accident find out what to do after a car accident and as always contact one of our car accident lawyers.