9 Steps to Protect Your Rights & Well-Being
Before we begin, we must stress that every accident is different and may require a unique approach depending on the severity of injuries, the location of the crash, and countless other factors. Please consider the following a guide and use your best judgment in the moment to make the right decisions based on your individual situation.
Step 1: Stay at the Scene
You should remain at the scene of a trucking accident you witnessed or were involved in unless you are severely injured and must be taken to the hospital by emergency personnel. By law, you must exchange insurance, driver’s license, and contact information with the other party or parties. You should also render aid to anyone in need—if it is safe to do so. Leaving the scene of an accident that caused property damage or injury is a criminal offense known as “hit and run.”
Step 2: Call 911
You should call 911 after a truck accident that has caused injury, is blocking traffic, or is in a potentially dangerous location. Firefighters, EMTs, and law enforcement officers who arrive at the scene can redirect traffic, provide emergency medical treatment, transport the injured to the hospital if needed, and take statements from all involved parties. When this is happening, try to note down the names and badge numbers of anyone you interact with.
Step 3: Seek Medical Attention
Every person involved in an accident should seek medical attention, even if they don’t appear injured or generally feel fine. Adrenaline can mask pain, and other issues, such as whiplash, can remain unknown for hours, days, and sometimes weeks after a collision, only to cause significant pain and mobility issues later. Even if you were treated at the scene and cleared by emergency personnel, see a doctor. Tell them you were involved in a truck accident, and they will know what type of injuries to look for. Put your health first by seeking medical care as soon as you can, and follow your doctor’s orders. Also, creating a medical record of your accident can help support your personal injury claim.
Step 4: Gather Information & Document Evidence
If physically able, take photos at the scene. Take them from multiple angles and include shots of your vehicle, the truck, and injuries. You don't need a professional camera to do this; your cellphone should work fine. The police who respond should also take photos. Gather as much information as possible. This includes the names, addresses, and identifying information about not only the truck driver (driver's license number, name, and insurance information), but also any other people who were at the scene and can serve as eyewitnesses to the accident. After you leave the scene, it can become nearly impossible to track down everyone who was involved, and it is crucial that you have the information you need to contact them. You should also gather the vehicle DOT license number for the truck and trailer.
Step 5: Report the Accident to Your Insurance Company
You'll need to report the accident to your insurance company. However, be careful about what you say. While the person you speak to might come off as friendly, they’re ultimately working in the interest of their company. This means their job is to make sure you accept as little payment as possible. If the other insurance company calls you, remember that you’re not required to speak to them, and you shouldn’t. Instead, direct them to your insurer or your attorney.
Step 6: Do Not Admit Fault
Your insurance company, the trucking company, and their representatives, law enforcement, and a host of others are going to start asking you questions. If you’re a kind and empathetic person, you might be tempted to apologize even if you were not at fault. Be honest and cooperate with law enforcement. Allow them to do their job in determining the cause of the accident. However, do not apologize or admit fault.
Step 7: Avoid Sharing on Social Media
Social media platforms like Instagram and Facebook can offer a somewhat cathartic means of sharing life’s experiences with friends and family. It might be tempting to post about your accident. Don’t. You might even see articles online or see the crash covered by your local news station, which is not unheard of with trucking accidents because they can cause serious devastation. Don’t comment on these posts and keep your social media profiles free from any statements or opinions about the crash and your injuries. Anything you post online could appear later in court.
Step 8: Do Not Make a Statement or Sign Anything
If you’re given paperwork to sign or are asked to give a statement by the trucking company or insurance company, look it over carefully. Do not make an official statement or sign anything that says you are to blame, that limits your recovery, or that absolves the other party or parties of fault. You may even be offered a settlement check early on. Insurance paperwork is complicated and initial settlement offers are usually too low to cover all a truck accident victim’s expenses and losses. Do not sign anything or deposit a settlement check without having your attorney look at it first.
No one in this process is on your side—except for your loved ones and your attorney. The trucking company isn’t, and neither is your insurance company. They are in the business of making money, not helping people. Your loved ones won’t know exactly how to help. You need a professional on your side to protect your interests.
Step 9: Call a Trucking Accident Attorney
This is something you can do at any point after a truck accident, and we recommend doing it as soon as you can. An attorney who is familiar with trucking accidents and all insurance and legal proceedings related to these will be able to advise you early on about what to do (and what not to do) so your interests are protected. An attorney can handle all communication with the insurance company and trucking company for you, all while investigating the cause of your accident to determine who is to blame. While you focus on healing, your attorney can take care of everything else.
Truck Drivers, You Have Rights Too
If you are a truck driver who has been involved in an accident while on the job, the process is similar for you. Remember, you have rights too! Improperly loaded cargo, poorly maintained vehicles, defective truck parts, dangerous roads, and other things outside of a trucker’s control can cause catastrophic trucking accidents that seriously injure the most experienced and cautious drivers. If your well-being was jeopardized by your employer or any other person or company, you have the right to seek compensation for your medical treatment and all losses and expenses you’ve experienced.
The Most Important Thing You Can Do After a Trucking Accident
One of the most important things you can do following a truck accident is contact an attorney. Involving a lawyer is strongly advised, even if you are not sure if the other person caused the accident. There are many different legalities involved with truck accidents, especially those involving commercial trucks, and you will need the help of an attorney. You can be sure that the trucking company will hire specialized attorneys to minimize their liability and you should also have an advocate fighting on your behalf. Attorneys will take the necessary steps to conduct an investigation, protect key evidence, and handle communications with the other parties involved in the accident.
Arnold & Itkin is a recognized leader in trucking accident litigation. We represent individuals and families who have experienced the worst injuries and losses, fighting for the answers and justice they deserve so they can face brighter futures. If you have been injured or have lost someone you love, don’t hesitate to contact our truck accident attorneys. There is no cost and no obligation when you call for your free consultation. If we take your case, you pay no upfront costs and nothing at all unless we win. We represent truck accident survivors and families nationwide.
To get started with your case, do not hesitate to contact Arnold & Itkin as soon as possible.
