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Although a victim may be shaken up and confused after surviving a large truck-related accident, it's important to take a few essential steps to ensure the legal process following the accident goes as smoothly as possible. These accidents can be devastating and life-altering. It’s beneficial to consider working with a skilled attorney. They can be viable assets to cases like this and an excellent resource for someone filing a claim.
When Can I File A Claim?
Anytime an accident occurs due to a truck driver's negligence resulting in damage or severe injuries, a claim can be filed. These types of accidents can be caused by many things which may include:
- Driving drowsy or tired
- Speeding
- Hazardous weather or road conditions
- Driving intoxicated or under the influence
- Lack of adequate safety devices
- Brake failure
- Insufficient safety inspection
What Do I Need to Prove?
Anyone filing a claim against a truck driver or their company must prove several factors for the claim to be successful. Working with an attorney will help ensure that you have the supporting evidence required to prove negligence adequately. There can be up to 30 critical data elements investigators would like to see. Some of the most common include:
- Any maintenance issues
- If the truck driver has exceeded their regulated hours on the road
- Speed of the truck at the time of the wreck
- Driver seat position at the time of the collision
- Sudden brake application by the driver
- The truck route before the accident
- Emails between the at-fault trucker and their employment company
Steps I Should Take After An Accident
To ensure adequate preparation for the claim filing process, it is essential to take the proper steps.
- Seek Medical Attention – Right away, even if you think you are okay. Some injuries like TBIs (traumatic brain injuries) and SCIs (spinal cord injuries) have symptoms that do not show up right away.
- Contact Police – Be sure to stay on the scene until police officials have arrived and created an accurate police report.
- Gather Evidence – As long as it is safe to do so, take pictures, videos, or write down important facts about the accident scene. This could be pictures of the damage done to both vehicles, road conditions, or any injuries sustained.
- Witness Information – If there is anyone around who stopped and saw the accident take place, make sure you get their name and best contact information. Their testimony could help support your case against the negligent driver.
- Notify Your Insurance Company – Even if you know you are not the at fault driver, talk to your insurance company ASAP. They should be notified and aware of the accident before speaking to the other party's insurance company.
- Keep Documentation – Keeping all related documents is an important part of the process. This could be anything from lost wages to medical costs or receipts for out-of-pocket expenses. These could all serve as supporting documents when going to trial.
- Continue to Follow up With Medical Care – Due to the size and weight difference, truck-related accidents are likely to cause severe injuries that require long-term medical attention. This could mean physical therapy, rehabilitation, or appointments with a therapist. Be sure to seek needed medical attention for the duration of the doctor's orders, failure to do so could jeopardize the outcome of your case.
Contact a Trusted Attorney
Hanna Allen, PLLC has a team of attorneys with decades of experience fighting cases like yours. Do not feel alone. We understand the challenges associated with such a detrimental experience and are here to help. Dedicated to offering the support you need for the entirety of the process. Our attorneys will be a viable resource to you and your family during this difficult time. Let us be your voice.
Contact us today online, or via phone at to schedule your free case review.