Being in an accident is an overwhelming experience, chaotic and stressful. When that accident involves a large commercial truck, it’s even more frightening and confusing. Accidents with 18-wheelers typically result in catastrophic injuries, and legal battles with powerful insurance companies. What you do in the immediate aftermath makes a huge difference in terms of your legal rights, so it’s important to understand the steps you’ll need to take to protect yourself.
Immediate Steps After a Truck Accident
The steps you take after you’ve been in an accident involving a truck are not dissimilar to those you’d take in any accident. However, there are some things that are especially important in a truck accident, to bolster the strength of a future claim you may file. Don’t leave the scene before the police arrive, and don’t post about the accident on social media. Here are the steps you should take after the accident.
- First, call 911. Check for injuries but be aware that you might not always feel an injury immediately following an accident. Allow the EMTs to examine you anyway, because documentation may be important later. The police officer on the scene should also file a formal accident report. Ask for a copy, because it will provide crucial documentation for your case.
- Then, get to safety. Move your vehicle to a safe spot, if possible, and turn on your hazards. Even if your car cannot be moved, make sure you and any other people involved are in a safe place.
- Collect evidence. Get as much information as you can, exchanging contact details with everyone else involved, including witnesses.
- Don’t admit to anything. In the pandemonium following a truck accident, you might instinctively apologize. Don’t do that. Don’t say anything that someone could misinterpret as an admission of fault. This is especially important in Texas, which is a shared liability state.
Documenting the Scene and Gathering Evidence to Expedite the Truck Accident Claims Process
As mentioned above, it’s important to gather evidence to support future claims. Trucking companies have legal teams that will work to minimize their liability after an accident, so you need to be as prepared as possible. What kind of evidence do you need?
- Photographs and videos of the scene, including the vehicles involved, any skid marks, cargo spills, injuries, and road conditions.
- Black box data from the truck, if you can access it.
- Any available dashcam footage.
- Statements and contact details from any witnesses.
- The truck driver’s driving history and logbook.
- Records documenting the cargo and weight compliance.
- Inspection and maintenance records.
Obviously, not all of that information will be available to you at the crash scene, but your attorney can obtain it from the trucking company before any evidence is destroyed. Additionally, you will want to have hard copies of your medical information. This includes:
- Any diagnoses
- Treatment plans
- Medications
- Rehabilitation plans and costs
- Evaluation for psychological conditions like trauma or PTSD.
Understand Your Legal Rights
As complicated as trucking accidents are anywhere else, they’re even more complicated in Texas. That’s because in Texas, drivers in an accident have comparative negligence, which means they share liability. If a driver is 51 percent or more at fault, that driver cannot recover any compensation. Drivers less than 51 percent at fault may still be entitled to compensation, but not full compensation. The damage will be reduced by the percentage of faults, which is one reason not to admit anything that could help someone make a case against you. And while you should report your accident to your insurance company, you should not talk to the truck driver’s insurance company. Protect yourself by letting your attorney do that for you.
Why You Need a Truck Accident Lawyer
Accidents are complex, truck accidents are more complicated than other accidents, and Texas law makes things even more confusing. Add to that the fact that trucking companies have aggressive legal teams and so do insurance companies, and it’s clear that the victim of a truck accident needs a legal team, too. If you’ve been in a truck accident, contact a truck accident attorney as soon as possible, so that you will have someone with specialized knowledge of the law to help you navigate this unfamiliar territory.
Filing Truck Accident Injury Claims
Truck accidents are not the same as other auto accidents. First, they can cause much more damage, simply because of their sheer size. That’s not the only difference, though. Truck accidents are extremely complicated, in part because they come with a mass of potentially liable parties. The truck accident may have been the driver’s fault, or the trucking company may have been responsible. If the accident was caused by the truck because of mechanical failure, that could be the truck manufacturer’s fault, or it could have been the fault of a third party maintenance provider. If it happened because of improperly loaded cargo, it may have been the fault of the cargo loading team or the shipping company. What’s more, even though trucking companies are insured by huge commercial insurance policies, the insurers often deny or undervalue claims. Fortunately, if you have a truck accident lawyer on your team, you will be working with an expert in determining liability and filing truck accident injury claims or, worse, wrongful death claims.
FAQs
- Why should I be seen by a doctor, if I don’t think I sustained an injury?
- Some injuries aren’t immediately apparent, including whiplash and internal trauma. Getting examined immediately after the accident can ensure that any injuries are documented and treated.
- What is the statute of limitations for a truck accident lawsuit in Texas?
- If you are going to file a lawsuit, you must do it within two years of the date of the accident. However, being proactive earlier gives your legal team more time to build your case.
- If the trucking company’s insurance adjuster calls me, what should I do?
- Refer the insurance adjustor to your lawyer. Avoid direct communication, as the insurance company’s job is to protect their client.
- If the accident was partially my fault, can I still sue?
- Yes, because Texas has a modified comparative fault rule, you can recover damages as long as the accident was not more than 50 percent your fault.
If You Need a Truck Accident Attorney in Texas, Contact Nava Law Group, P.C.
The experienced professionals at Nava Law Group, P.C are here to help you in the aftermath of a truck accident. Passionate about our clients and knowledgeable about truck accidents, we give 100 percent commitment, using our experience and legal skills to get the results injured victims need. With more than 150 years of combined experience, we have established our firm as a pillar of the community, earning a solid reputation in the community, in the courts, and among our peers. We offer aggressive advocacy and top-notch legal representation and strive to always take the best approach for a favorable resolution on our client’s behalf. We’re a different type of law firm, and if you are interested in learning more about how we can assist you, contact Nava Law Group, P.C. today.
