What to Do After a Truck Accident

Accidents involving large trucks often lead to devastating consequences. Due to their size and weight, commercial trucks can cause severe injuries, significant property damage, and even fatalities. For anyone involved in a truck accident, knowing the proper steps to take immediately after the incident can make a substantial difference in protecting one’s rights and securing compensation.

The good news is that a qualified truck accident attorney in Columbia can help protect victims’ interests. From understanding the nature of trucking regulations to navigating insurance claims, having a knowledgeable legal advocate can be invaluable.

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Get a Medical Evaluation

Some injuries, like whiplash, concussions, or internal injuries, may not be immediately apparent but can worsen if untreated. Seeking prompt medical attention ensures that injuries are correctly diagnosed and treated, creating a medical record that may be critical if legal action is pursued. Failing to seek treatment promptly can also impact an insurance claim, as insurers may argue that injuries were not severe enough to require immediate care.

Do Not Admit Fault or Make Statements

In the aftermath of a truck accident, emotions often run high, but it’s in your best interest to avoid admitting fault or making speculative statements about the cause of the accident. Even casual comments like “I’m sorry” or “I didn’t see you” can be interpreted as an admission of fault and may be used against you in a legal context.

When speaking with the police and anyone from the insurance company, always answer questions truthfully but avoid speculating about the accident’s causes or assigning blame. Limit interactions with the truck driver and refrain from discussing the accident details. A truck accident lawyer can handle communication with all involved parties to prevent any statements from being misinterpreted or used against a victim’s case.

Notify Your Insurance Company

Most insurance policies require prompt reporting of accidents. When contacting the insurance company, provide the basic facts of the accident, but only offer detailed statements once speaking with a lawyer. Insurance adjusters may attempt to settle claims quickly, often for amounts that don’t fully cover the injuries and damages incurred. They may also ask leading questions that can influence how the accident is documented.

A skilled truck accident lawyer can guide victims through the insurance claims process, ensuring their rights are protected and helping prevent premature or unfair settlement offers.

Understand the Complexities of Truck Accidents

Truck accidents differ significantly from typical car accidents, as they often involve complex regulations and multiple parties who may share liability. Some unique factors in truck accidents include:

Federal and State Trucking Regulations

Truck drivers and trucking companies are subject to strict regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA) and state authorities. These regulations cover areas such as hours of service (HOS), vehicle maintenance, and load limits. Violations of these rules can be a factor in determining fault. For example, fatigue might have contributed to the accident if a driver exceeded their allowable hours without rest.

Multiple Potentially Liable Parties

Liability in a truck accident can extend beyond the driver. Potentially liable parties may include the trucking company, cargo loaders, vehicle manufacturers, and third-party maintenance providers. For instance, if improperly loaded cargo shifts during transit and causes an accident, the cargo loaders may share liability. A truck accident lawyer has the experience to identify responsible parties and gather evidence of their negligence.

Larger Insurance Policies

Trucking companies typically have higher insurance policy limits than regular drivers due to the potential severity of accidents involving large commercial vehicles. However, dealing with large insurance providers can be challenging, as they often employ aggressive tactics to minimize payouts. A lawyer experienced in truck accident cases can level the playing field, ensuring that victims are not pressured into accepting low settlements.

Document All Injury-Related Expenses

In the aftermath of a truck accident, victims may face numerous expenses, from medical bills to vehicle repairs and lost earnings. Keeping thorough records of these costs is essential for calculating the compensation needed to cover financial losses. Key expenses to document include:

• Medical Bills: Emergency room visits, surgeries, follow-up care, physical therapy, and prescriptions.
• Lost Earnings: Documentation of missed workdays and income loss due to injuries.
• Property Damage: Vehicle repair or replacement costs and any personal property damaged in the accident.
• Pain and Suffering: While more challenging to quantify, pain and suffering compensation can be substantial in severe accidents. A knowledgeable truck accident lawyer can help calculate this type of damage, often through testimony from medical and psychological experts.

By tracking all expenses, victims can provide a clear picture of the accident’s financial impact and work with a lawyer to seek fair compensation.

Keep a Detailed Journal

After suffering injuries in a truck accident, keeping a detailed journal can be a valuable tool in supporting your case for compensation. Documenting your daily experiences, including the pain you endure and how it affects your life, provides a clear, personal account of the physical and emotional toll of the accident. By writing down specifics about your pain levels, the type of discomfort you experience, and how it changes throughout the day, you create a record that demonstrates the ongoing impact of your injuries.

Additionally, journaling helps track how your injuries prevent you from participating in daily activities. It includes simple tasks like cooking, cleaning, or driving, as well as more significant activities such as socializing with friends, going to work, or engaging in hobbies you once enjoyed. Recording these limitations can help your attorney and the court understand the full scope of the disruption to your life.

A journal can also capture the emotional distress that often accompanies physical injuries, such as frustration, anxiety, or depression. This documentation provides valuable evidence for your case, helping to highlight the extent of your suffering and strengthening your claim for fair compensation.

Refrain from Social Media Use

In the aftermath of a truck accident, many people turn to social media to share updates with friends and family or to vent about the experience. However, posting about an accident online or discussing it with others can have unintended consequences that may harm a legal case. Here’s why it’s necessary to stay off social media and avoid discussing the accident with others until your case is resolved:

Insurance Companies Monitor Social Media

Insurance companies are known to monitor the social media accounts of people involved in accidents. Even seemingly innocent posts or photos can be used to downplay your injuries, question your pain, or even suggest you’re exaggerating your claim. For example, a photo of you at an event can be interpreted as proof that you’re less injured than you claim, even if you’re struggling through it. Insurance adjusters and defense attorneys are skilled at twisting information, so staying off social media eliminates any risk of misinterpretation.

Social Media Posts Can Contradict Your Case

Consistency is critical in any legal case, especially when pursuing a claim after a truck accident. Posting statements about the accident, expressing frustration, or even making jokes about it can unintentionally contradict what you’ve stated in your legal claims. For instance, a post saying, “I’m fine, just sore,” can be used to argue that your injuries are minor or that they don’t require extensive treatment, even if your condition worsens later. Staying silent on social media ensures that nothing can be taken out of context and used to undermine your credibility.

Don’t Discuss Your Case with Others

Friends, family, and colleagues may ask about the accident or how you’re feeling, but it’s best to keep details private. Even well-meaning comments from others can lead to complications in your case. For example, if a friend recalls you saying the accident was partly your fault, even in passing, that statement can be used against you in court. Talking about your case can create unnecessary risks, especially if the other party’s insurance company is looking for any reason to avoid liability.

Protecting Attorney-Client Confidentiality

When you hire a lawyer to represent you, your communications with them are protected under attorney-client privilege. By keeping discussions about the accident limited to conversations with your attorney, you can ensure that sensitive information remains confidential. If you discuss specifics of the case with others or post about it online, you risk disclosing information that should remain private, which can weaken your case.

Compensation Available

Truck accident victims can claim compensation for various damages, depending on the accident’s circumstances and the injuries sustained. Damages typically fall into the following categories:

Economic Damages

Economic damages cover the financial losses directly related to the accident. These include:

• Medical expenses (past and future)
• Rehabilitation and therapy costs
• Lost earnings and reduced earning capacity
• Property damage repair or replacement

Non-Economic Damages

Non-economic damages address the intangible impacts of the accident, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (impact on relationships with family members)

Punitive Damages

In cases where the at-fault party’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. This might apply in cases of reckless driving, intentional misconduct, or blatant disregard for safety regulations.

A truck accident lawyer can assess the damages available and work to secure compensation that adequately reflects the accident’s full impact on the victim’s life.

The Importance of Acting Quickly

Truck accident victims are encouraged to seek legal counsel as soon as possible after the accident. There are several reasons why timely action is essential:

• Preserving Evidence: Critical evidence, such as electronic logging device (ELD) data, truck maintenance records, and surveillance footage, may be lost or destroyed over time. A truck accident lawyer can act quickly to secure this evidence.
• Statute of Limitations: Each state has a statute of limitations for personal injury claims. Victims may lose the right to pursue compensation if a claim is not filed within this period.
• Witness Testimonies: Witness memories can fade over time, making it harder to obtain accurate testimonies. A lawyer can interview witnesses promptly to preserve their accounts.

Protect Your Rights After a Truck Accident: Contact a Seasoned Truck Accident Attorney Today

Navigating the aftermath of a truck accident is a challenging journey, especially for those dealing with serious injuries, emotional trauma, and financial stress. Taking the proper steps immediately after the accident can protect your rights and strengthen your case.

If you or a loved one has suffered an injury in a truck accident, contact a seasoned personal injury lawyer. With an advocate on your side, you can focus on recovery while they handle the legal details, investigate liability, and pursue the compensation you deserve.

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Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.