What You Should Do After a Serious Collision with a Commercial Vehicle
.jpg)
Collisions involving commercial vehicles, such as semi-trucks, delivery vans, and buses, can result in devastating injuries and significant property damage. Due to the size and weight disparity between commercial vehicles and passenger cars, these accidents often lead to severe, life-altering consequences for those involved. Understanding the right steps to take after such an incident is crucial not only for your health and safety but also for protecting your legal rights and potential compensation claims.
In this article, we will walk you through everything you should do after a serious collision with a commercial vehicle, from immediate safety measures to legal considerations, medical follow-up, and financial recovery strategies.
Immediate Actions at the Scene of the Collision
Ensure Safety First
The moments immediately after a commercial vehicle collision can be disorienting and chaotic. Prioritize your safety and the safety of others:
If possible, move your vehicle to a safe location away from traffic to prevent further accidents.
Turn on your hazard lights to alert other drivers.
Check yourself and your passengers for injuries, but avoid unnecessary movement if you suspect serious injuries like spinal damage.
Call Emergency Services
Regardless of the perceived severity of the accident, always call 911. Reporting the collision ensures:
Medical professionals arrive promptly to treat injuries.
Law enforcement officers document the scene and create an official police report, which will be crucial for your insurance and legal claims.
Document the Scene
While waiting for first responders:
Take photos and videos of the accident scene, vehicle positions, damages, road conditions, traffic signs, and any visible injuries.
Gather contact details from the commercial vehicle driver, including their name, employer, insurance details, and license plate number.
Collect witness contact information, as their accounts may be vital in reconstructing the accident later.
Seeking Medical Attention and Following Up
Get a Medical Evaluation
Even if you feel fine, seek medical attention immediately. Some injuries, such as internal bleeding, whiplash, or traumatic brain injuries, may not show immediate symptoms but can worsen over time if untreated.
Follow All Medical Advice
Follow-up visits, prescribed treatments, therapy, and medication adherence are not only essential for your recovery but also serve as documented proof of your injuries when filing a claim.
Understanding Liability in Commercial Vehicle Collisions
Multiple Potentially Liable Parties
Collisions involving commercial vehicles often involve complex liability issues, as multiple parties could be responsible:
The truck driver, if they were negligent or under the influence.
The trucking company, for failing to properly train drivers or maintain vehicles.
Manufacturers, in cases involving vehicle defects.
Cargo loaders, if the improperly secured cargo contributed to the accident.
Importance of Preserving Evidence
To establish liability, it's critical to preserve evidence early on. This includes requesting the truck's electronic logging device (ELD) records, maintenance logs, and driver employment history. An experienced attorney can send a spoliation letter to prevent the trucking company from destroying critical evidence.
Legal Steps to Take After a Serious Commercial Vehicle Collision
Consulting with an Attorney
Navigating claims involving commercial vehicle accidents can be overwhelming, given the interplay of federal trucking regulations, insurance companies, and large corporations. It's advisable to consult with a qualified personal injury lawyer experienced in handling these complex cases. For instance, professionals such as those found on FindLaw's attorney directory specialize in such cases and can guide you through the claims process.
Investigating the Accident
Your legal team will conduct an independent investigation, which may involve:
Reviewing dashcam or surveillance footage.
Interviewing witnesses.
Analyzing crash reconstruction reports.
Consulting medical and economic experts to assess long-term damages.
Filing Insurance Claims and Lawsuits
Due to the high damages involved, insurance companies may attempt to minimize payouts or deny claims altogether. A lawyer can help you negotiate fair settlements or file lawsuits if necessary to recover compensation for:
Medical bills and future treatment.
Lost wages and reduced earning capacity.
Pain and suffering.
Property damage.
For those wondering about possible compensation, it's helpful to reference resources like Forbes' guide to typical car accident settlement amounts, which can provide insight into how these figures are calculated.
Dealing with Insurance Companies Strategically
Avoid Quick Settlement Offers
Insurance companies representing trucking firms often extend quick, lowball settlement offers to accident victims. Do not accept any offer or sign documents without consulting your lawyer first. Premature settlements may not fully account for long-term injuries or future financial losses.
Provide Accurate Statements
When speaking to insurance adjusters:
Stick to the facts.
Avoid speculating or admitting fault.
Decline to give recorded statements without legal counsel.
Let Your Attorney Handle Negotiations
Allowing your lawyer to communicate directly with insurance companies helps protect your rights and ensures you receive appropriate compensation.
Protecting Your Rights: Understanding Statutes of Limitations
Each state has its own statute of limitations for filing personal injury claims. In Louisiana, for example, you generally have one year from the date of the accident to file a lawsuit. Missing this deadline may result in losing your right to compensation entirely.
Recovering From the Emotional and Financial Aftermath
Coping with Trauma
Collisions with commercial vehicles are often traumatic. Emotional responses such as PTSD, anxiety, or depression are common. Consider seeking therapy or joining support groups to process the experience.
Financial Planning for Long-Term Needs
Serious injuries may require ongoing medical care, home modifications, and other long-term expenses. Working with financial planners and legal experts can help ensure you receive the compensation necessary to cover these costs.
If you or someone you love was injured in a truck accident, you might be entitled to pursue substantial compensation under the law.
Conclusion
After a serious collision with a commercial vehicle, the actions you take can significantly impact your health, well-being, and ability to secure fair compensation. From ensuring your immediate safety and obtaining medical care to preserving evidence, consulting legal experts, and navigating complex insurance claims, every step matters.
By understanding your rights and leveraging professional resources, you can protect your interests and work toward rebuilding your life after such a traumatic event. Always prioritize your health first, but don't delay seeking legal advice from attorneys with expertise in commercial vehicle accidents to ensure your claims are handled properly from the start.