Commercial trucks are often many times larger and heavier than personal vehicles. When a car gets into an accident with a semi-truck or other commercial-class truck, the likelihood of injuries is high. If you’ve been injured in a collision with a commercial truck, it’s important that you know the protocol after a truck crash.
Read on to learn the steps to take if you’re ever involved in a truck accident.
If you call Long, Jean & Weschler, P.A., our truck accident attorneys will inform you of the actions to take post-truck collision. We work on a contingency basis, so you will not have to pay out of pocket for professional legal representation. Call now for a free, no-obligation consultation.
An Introduction to Truck Accidents
While truck accidents are not as common as car vs. car accidents, they are a frequent occurrence in the state of Florida, and Broward is among the top counties for truck crashes.
Source: FLHSMV
A loaded commercial vehicle pulling cargo can weigh up to 80,000 lbs. When you consider the fact that the average weight of a car is about 4,000 lbs., you can easily understand how dangerous truck collisions can be, even at low speeds. This is why commercial vehicle operators must obtain special licensing and training. The standards are even higher if the truck is carrying hazardous materials.
Unfortunately, many negligent truck drivers and fleet operators fail to adhere to state and federal trucking regulations.
Among the most common causes of truck accidents are:
- Driver fatigue
- Improper load
- Equipment failure (i.e., brakes, tires, etc.)
- Distracted driving
- Driving under the influence
- Speeding
- Driving too fast for the conditions
- Failure to use due care
Even if you were partially at fault for your truck accident, you can still recover damages. That’s why you take the appropriate steps following a truck accident.
Immediate Actions to Take After a Truck Accident
In the aftermath of a truck collision, it’s not always clear what to do. These post-crash instructions for truck accidents may help you stay safe and make a full physical and financial recovery.
Get to a Place of Safety
Your first priority is to get to a safe place. This isn’t always easy with truck crashes. If the truck is carrying hazardous materials, you may have to move up to a mile away to be safe. If you see liquid or gaseous materials coming from the truck, drive away if your vehicle is operable.
Call First Responders
Call 911 and stay on the line with dispatch until they advise you that you can hang up. They will want to know the following:
- Location – If you don’t know, try to give geographic indicators
- Vehicles involved
- License plates
- Number of injured persons and types of injuries
- Whether or not the truck is carrying hazardous materials
- The placard number on the truck
- Whether any hazardous materials are present
Try to remain calm when speaking with the dispatcher. They will be simultaneously collecting information and passing it to responding units.
Talk to Witnesses
It’s common for witnesses to stop, check on injuries, and then drive off before the police arrive. Ask witnesses to remain on the scene. If they refuse to stay, ask if you can have their contact information. As a last resort, try to take a picture of their license plate so investigators can follow up.
Take Pictures or Video
Use your phone’s camera to document the scene. From a place of safety, take pictures of the vehicles, visible injuries, property damage, geographic indicators (i.e. roadsigns), decals on the truck, placards, and anything else you believe would be relevant to a claims adjuster. Do not put yourself in a dangerous position to obtain photographic or video evidence.
Allow EMTs to Examine You
You may not realize you’ve been injured. It’s always a good idea to allow EMTs to check your vitals. If they recommend that you go to the hospital, allow them to transport you or drive there if you can. Do not ignore their medical advice. Follow up with your primary care physician as soon as possible.
Contact a Truck Accident Lawyer
The earlier you can involve the services of a trusted truck accident injury law firm, like LJW, the better. Evidence can be lost within hours of an accident. You can call our number 24-7, including holidays and weekends, and speak to an attorney immediately. We do not charge our clients for calls, and you will not have to pay out of pocket.
Interacting with Law Enforcement
The officers responding to the scene will want to ask you questions. Unless they believe that you are involved in a crime, like DUI or reckless driving, you should not need a lawyer to answer the questions. There are, however, some dos and don’ts for talking with a police officer:
- You can answer their questions but do not admit guilt. For instance, saying, “It’s all my fault,” or “I wasn’t paying attention,” could affect the outcome of your case.
- Don’t make up information. If you don’t remember part of the accident, tell the police that. It’s not uncommon for accident victims to blank on details.
- The police should offer you a case number, but if they don’t, ask for one.
- Stick to facts and answer yes or no questions with a yes or a no. Don’t embellish.
Communicating with Insurance Companies
Even if you don’t call to make a claim, an insurance adjuster will most likely contact you within 24 hours. The adjuster may even offer to write you a check to cover your medical bills and a little extra for your inconvenience. When you’re facing extensive medical bills and time off from work, this money may be very tempting, but it’s essential that you resist the temptation of accepting the initial settlement offer. In order to take this money, the insurer will require you to sign a liability waiver, freeing them of any future responsibility. In other words, if you take that money, you will not be able to sue for more.
It’s also important that you don’t make a statement to the insurance company without your attorney present. Adjusters can be tricky, and you may inadvertently say something that could harm your legal case.
If you contact Long, Jean & Wechsler, P.A., we will review the insurance company’s offer. If it’s a fair offer — which is almost never the case — we will not charge you for the consultation. On the other hand, if you hire us, we will pursue a full and fair settlement through the courts. We can file the claim on your behalf, represent you in negotiations with the insurance company, and accompany you through all phases of the legal process. When it comes to paying medical bills, our attorneys can prepare Letters of Protection (LOPs) that will allow doctors to work on you for payment once the case settles.
Seeking Legal Representation
If you’ve been injured in a truck crash, it’s important to realize that the trucking company and its insurers will have professional, highly-trained defense attorneys on their side. You need to even the playing field by contracting your own legal team. If you choose to go with LJW, our attorneys will provide the following services:
- Collect all documentation from the police, doctors, and other related parties.
- Review all discovery evidence from the other side.
- Subpoena log books, manifests, and other documents from the truck owner.
- Total all compensatory damages.
- File a claim and present a demand letter to the insurance company.
- Negotiate the settlement with the defense team.
- File a lawsuit through the civil court.
- Prepare Letters of Protection for medical providers.
- File motions and represent you in motion hearings.
- Distribute funds to medical providers and other parties.
If you have not chosen an attorney, it’s important that you schedule an appointment at your earliest convenience. Our legal team has extensive experience settling and litigating truck accident claims.
In addition, we are familiar with the civil justice system in Broward County. Our legal team has the resources to contract private investigators, expert witnesses, accident reconstruction experts, and other specialists. Because we charge on a contingency basis, you do not have to pay out of pocket to access our vast resources.
FAQs (Frequently Asked Questions) About Truck Accidents
These are some of the questions that our attorneys hear from truck accident clients.
For answers to your specific questions, contact us immediately.
What Should I Do if I’m Injured in a Truck Accident?
Seek medical attention immediately and then contact a truck accident personal injury lawyer immediately.
How Long Do I Have to File a Claim After a Truck Crash?
The statute of limitations is four years from the date of the crash or, in wrongful death cases, two years from the date of death.
Can I Sue for Emotional Distress After a Truck Accident?
Yes, emotional distress or pain and suffering is part of any comprehensive settlement or award. These non-economic damages cover physical pain, mental anguish, decreased quality of life, and more.
Contact the Pompano Beach, FL, truck accident attorneys at Long, Jean & Wechsler for your free consultation today.
