What Critical Actions Should You Take After a Truck Accident?
Truck collisions are frequently violent, leaving victims shaken and in shock. You could be severely injured or struggling to comprehend what just happened. It can be challenging to think clearly, but staying as calm as possible and taking steps to protect your well-being is essential. Your actions in the minutes and hours following the crash can also directly impact your injury claim, so it’s vital to be deliberate and careful with your conduct. A skilled truck accident attorney can help you navigate this difficult time and ensure that the at-fault parties are held responsible for their harmful behavior.
Ensure the Safety of Everyone Involved
A collision with a semi-truck can leave devastation in its wake. If you are physically able and it is safe to do so, move to a more secure location out of the flow of traffic and away from hazardous materials. If you or anyone else involved in the accident has injuries, call for emergency help right away. Even if the accident appears minor, contacting local law enforcement is critical to ensure they perform an investigation. The police report will contain valuable information and opinions that can be essential for your claim.
Seek a Medical Evaluation
It is important to get checked by a medical professional as soon as possible after the truck crash. Some injuries, even life-threatening ones, may not be immediately apparent. Symptoms might not manifest until hours or days later when damaged tissues have begun to swell, or the adrenaline associated with the frightening incident has worn off. Rapid treatment may result in better outcomes and reduce the time required to heal for certain injuries. Immediate medical attention not only safeguards your health but also builds a medical record that can be vital for any legal claims related to the accident.
Document Accident Details and Collect Information
Thorough documentation can serve as critical evidence in any subsequent legal proceedings or insurance claims. Take photographs or videos of the accident scene, including vehicle damage, road conditions, and any visible injuries. If any witnesses to the accident are present, request their names and contact information. Also, contact and insurance information should be exchanged with the truck driver and any other parties involved. Insurance claims for truck accidents are often more complex than typical car accidents, so it’s important to gather further details, including the trucking company’s name and address, the truck’s Department of Transportation (DOT) number, and the company’s insurance provider and phone number.
Reach Out to a Trusted Truck Accident Attorney
Attempting to recover damages after a truck crash can be confusing and overwhelming. The involvement of commercial entities and their insurers and the impact of specific regulations governing trucking operations can make it hard for accident victims to know where to begin. A skilled truck accident attorney understands the nuances of these claims and can investigate the crash and advocate for your best interests throughout the claims process. Enlisting the services of a knowledgeable attorney early in the claims process can help maximize your settlement and protect you from making inadvertent statements to claims adjusters that could jeopardize your case.
What Unique Issues Should You Be Aware of if You Are Involved in a Truck Accident?
While truck and car accidents have many similarities, the claims process following a truck accident often involves more stages, paperwork, and effort than a car accident case. The complexity of these claims can make it even more important for victims and their families to take proactive steps immediately after the crash to safeguard their legal rights so they can recover the full settlement they are entitled to. Some considerations that could play a role in your truck accident claim include:
- Likelihood of serious injuries or death: Semi-trucks significantly outweigh a car, even when empty. When they are involved in an accident, the force of this mass striking vehicles can lead to immense destruction and horrific injuries that can be life-altering or life-ending. Additionally, the traumatic nature of these crashes means many victims face mental health issues, including PTSD, anxiety, nightmares, and phobias, as well as physical injuries. Recovering full compensation after the crash can provide financial stability and protect your access to the treatment and care you need now and in the future
- Potential for multiple at-fault parties: Thorough investigations of the accident are necessary to uncover all parties who may share responsibility for the collision. Faulty mechanical equipment, poor maintenance, improper loading, inadequate driver training, or reckless actions by other drivers or pedestrians could contribute to the accident and increase the number of at-fault entities
- Legal capabilities of trucking companies and their insurers: Insurers who provide coverage for trucking companies understand the potential for severe injuries and large claims after an accident. They employ legal teams and insurance adjusters who attempt to limit their liabilities and costs. It’s critical for victims to seek legal counsel who can stand up for their rights and help level the playing field in this uneven arrangement
How Do Iowa’s Laws Impact Your Ability to Recover Damages Following a Truck Accident?
Iowa has fault-based insurance laws. Under the state’s modified comparative fault system, a plaintiff is eligible to recover damages as long as the percentage of fault assigned to them is not greater than the total percentage of fault attributed to the defendants. Essentially, a plaintiff may file a claim if they are found to be 51% or less at fault for the crash. However, the plaintiff’s settlement will be reduced in proportion to their fault. For example, if the plaintiff had $50,000 in damages, but 10% of the fault for the truck crash was attributed to them, they could only recover $45,000 in compensation. Insurers are keenly aware of these laws and will often attempt to shift blame for the truck accident onto plaintiffs or other parties to reduce or eliminate their own liability.
How Can Our Law Firm Serve You?
Truck accidents often happen in the blink of an eye, but they can have long-lasting effects on victims and their families. The steps taken immediately following a crash can significantly impact any future claims, but it can be difficult to remember what to do during this stressful period. Our experienced lawyers at Cornell Injury Law can guide you through each part of the claims process and handle any legal issues that arise so you can focus on your healing process. For a free consultation regarding your truck accident, contact our Mount Pleasant office today at 319-946-4019.