What to do after a truck accident

What to do after a truck accident

If you’re reading this, you or someone you love has likely been in a crash, and you’re wondering what to do after a truck accident. Your immediate priorities should be: 

1. Seek a comprehensive medical evaluation for your health and
2. Meticulously document everything related to the crash and your injuries

The chaotic moments at the scene may be over, but the steps you take in the quiet of your home are what build the foundation for your physical recovery and any future legal claim for compensation. The path forward can seem unclear and intimidating, clouded by pain, stress, and a flood of unanswered questions.

Keep reading to find answers and bring clarity to the chaos. Let’s walk through the essential actions you should take in the days and weeks following a collision with a large commercial truck. From protecting your health and preserving crucial evidence to understanding the tactics of insurance adjusters, this information is designed to empower you. 

Knowing what to do after a truck accident can help you regain a sense of control and help protect your rights during this complicated and vulnerable time.

Your Health Comes First: Seek and Follow Medical Advice

The single most important step you can take after a truck accident is to get a thorough medical check-up. The sheer force involved in a collision with an 80,000-pound vehicle can cause significant trauma. However, the adrenaline surging through your body immediately after the crash can easily mask the severity of your injuries. You might feel "shaken up" but otherwise fine, only to have serious symptoms emerge hours or even days later.

Some medical conditions may have delayed onset of symptoms, such as: 

• Whiplash 
• Concussions 
• Traumatic brain injuries (TBIs)
• Spinal disc injuries 
• Internal bleeding 

A doctor can perform a full evaluation to identify these hidden injuries before they worsen or become life-threatening. This medical visit does more than just start your treatment; it creates the first official record linking your physical harm directly to the date and time of the trucking accident. This medical documentation is one of the most powerful pieces of evidence you will have to support a legal claim for compensation.

Following your doctor's orders is just as crucial. Attend every follow-up appointment, complete your physical therapy sessions, and take all prescribed medications. This demonstrates to insurance companies that you are taking your recovery seriously and helps create a clear record of your treatment journey.

Stay Organized: Gathering and Organizing Evidence After a Trucking Accident

While your primary focus is on healing, it is also wise to begin gathering and organizing all information related to the accident. Creating a dedicated file or folder can prevent vital details from getting lost and help your legal team understand all of your losses. This proactive step can make a significant difference as your claim develops.

Start collecting these essential items:

• The Police Report: The officer at the scene should have given you a report number. A few days after the crash, you or your personal injury lawyer can typically request a full copy from the responding law enforcement agency.
• Information Exchange: The slip of paper or screenshot with the truck driver’s name, license number, insurance information, and the trucking company’s name is a key document.
• Photographs and Videos: If you were able to take pictures at the scene, gather them. If not, take photos of your visible injuries as they heal and the damage to your vehicle from multiple angles.
• Witness Information: If anyone stopped to help or saw the accident, their contact information is invaluable. An independent perspective can be very persuasive.
• Receipts: Keep all receipts for any out-of-pocket expenses related to the accident, such as prescription co-pays, towing fees, or transportation costs.

Keep a Personal Journal: Your Story in Your Words

Beyond official documents, your personal experience is a powerful part of your story. Consider keeping a simple daily or weekly journal to track your recovery. This does not need to be elaborate; simple notes in a notebook or on your phone can be incredibly helpful.

In your journal, you might track:

• Your daily pain and symptom levels.
• Difficulties with sleep or emotional distress.
• A list of all medical appointments and treatments.
• How your injuries are affecting your ability to perform daily tasks, work, or enjoy your hobbies.
• Any days you miss from work and the corresponding lost income.

This personal record provides a detailed, humanizing account of your suffering that numbers on a medical bill cannot fully capture. It helps illustrate the true impact the accident has had on your quality of life, which is a significant component of calculating your losses for a personal injury claim.

The Insurance Adjuster's Call: Know What to Expect

Before long, you will receive a phone call from the trucking company’s insurance adjuster. It is critical to approach this conversation with caution. The adjuster may sound friendly and sympathetic, but their professional goal is to protect their company's bottom line by limiting the value of your claim.

Trucking companies are mandated by the Federal Motor Carrier Safety Administration (FMCSA) to carry high-limit insurance policies, often ranging from $750,000 to over $5 million. With so much at stake, their adjusters are skilled negotiators. They will likely ask you to provide a recorded statement about the accident. You are not obligated to do this. A recorded statement can easily be used to take your words out of context to argue that you were at fault or that your injuries are not as severe as you claim.

Be wary of any quick settlement offers. An early offer is almost always a lowball amount that fails to account for the full, long-term costs of your injuries, including future medical needs, lost earning capacity, and your pain and suffering.

Truck Accidents Are Not Just Bigger Car Accidents

It is a common misconception that a truck accident is just a more severe version of a standard car crash. In reality, they are fundamentally different legal matters due to two key factors: complex liability and extensive federal regulation.

Unlike a two-car collision, where one driver is likely at fault, a truck accident may involve multiple negligent parties. Liability might rest with:

• The Truck Driver: For actions like speeding, distracted driving, or driving while fatigued.
• The Trucking Company: For negligent hiring, inadequate training, or pressuring drivers to violate safety rules.
• The Maintenance Provider: For failing to properly inspect and repair the vehicle.
• The Cargo Loader: For improperly securing the load, causing a dangerous weight shift.
• The Manufacturer: For a defective truck part, such as faulty brakes or tires.

Furthermore, the trucking industry is governed by a dense set of federal laws known as the Federal Motor Carrier Safety Regulations (FMCSRs). These rules dictate everything from how many hours a driver can be on the road to vehicle maintenance standards and cargo securement. Proving that a violation of these regulations contributed to the crash is a key element in many successful claims.

Act Quickly to Preserve Time-Sensitive Evidence

Some of the most critical evidence in a truck accident case has a very short shelf life. Trucking companies are only required to keep certain records, like driver logs, for a limited time. The truck’s "black box" recorder, which captures data on speed and braking, may be overwritten, or the truck itself may be repaired, destroying crucial physical evidence.

To prevent this, a skilled truck accident lawyer will send a legal notice known as a "spoliation letter" or "preservation of evidence letter" to the trucking company. This letter formally demands that they preserve all relevant evidence related to the accident, including the truck itself, the black box data, driver qualification files, drug test results, and all maintenance records. Taking this step promptly is one of the most important things an injury lawyer can do to protect the integrity of your claim.

Be Aware of Important State Laws and Deadlines

While many aspects of a truck accident claim are universal, certain critical laws vary significantly from state to state. The most important of these is the statute of limitations, which is the legal deadline for filing a lawsuit. In some states, you may have as little as one year from the date of the accident to file. In others, the window may be several years. Missing this deadline will permanently extinguish your right to seek compensation in court.

States also have different rules regarding shared fault. Many states use a "comparative negligence" system, where you can still recover damages even if you were partially to blame for the accident, though your award would be reduced by your percentage of fault. A few states, however, follow a stricter "contributory negligence" rule, which may bar you from recovering anything if you are found to be even 1% at fault. An experienced local truck crash attorney can explain the specific rules that apply in your state during a free consultation.

Auto Injury Litigation Center Can Help Build a Strong Case After a Truck Accident

The aftermath of a serious truck accident is a difficult and disorienting time. You are forced to deal with physical pain, emotional trauma, and growing financial pressure all at once. The steps outlined above can serve as your guide, but you do not have to face this truck accident claim process alone. Your energy is best spent on your recovery and putting your life back together.

At Auto Injury Litigation Center, we understand the immense pressure you are facing. Our entire focus is on lifting the legal burden from your shoulders. We are dedicated to helping victims of commercial truck accidents across the nation navigate these complex claims. We will manage the investigation, handle the communications with insurers, and build a powerful case on your behalf.

If you have been injured in a truck accident, contact Auto Injury Litigation Center by calling  (866) 933-0623 or complete our online contact form for a free and confidential consultation. Let us answer your questions, explain your options, and show you how we can help.

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What to Do After a Truck Accident: FAQs