The steps to take after a truck accident include staying calm, checking for injuries, filing a police report, and seeking legal representation. After a truck accident, taking immediate action is crucial to prevent errors and future legal issues. The large size and blind spots of commercial trucks present dangers on the road. Collisions involving these vehicles can lead to serious injuries, making it vital to promptly and efficiently prioritize safety and safeguard your legal rights.
In Illinois in 2021, there were 295,604 motor vehicle crashes, with 12,040 involving tractor-trailers and 9,261 involving single-unit trucks. Truck accidents can have severe consequences due to the size and weight of commercial vehicles. Between 2009 and 2019, truck crash fatalities rose by 48%. In 2020, nearly 5,000 individuals lost their lives in truck accidents, averaging 14 fatalities per day, and 146,000 injuries. Knowing what to do after a truck accident is essential for ensuring the best outcome.
Contact Lloyd Miller Law Group at (773) 838-8100 for assistance seeking compensation after your truck accident.
Being involved in a truck accident often leads to physical, emotional, and financial repercussions. Understanding what steps to take immediately following your crash can help mitigate the damage and set you on the path to recovery.
Table of Contents
Ensure Safety First
The first priority after any accident is safety. If you’re able, move your vehicle to a safe location away from traffic. Turn on your hazard lights to alert other drivers. Check yourself and your passengers for injuries, and if anyone is seriously hurt, call emergency services immediately. Avoid moving injured individuals unless there’s an imminent danger.
Call 911
Contacting law enforcement is essential, regardless of the accident’s severity. Police will document the scene and create an official accident report, which can be vital for insurance claims and legal proceedings. When the officers arrive, provide them with accurate information about the incident, but avoid admitting fault at this stage.
Document the Scene
The documentation you secure at the accident scene is crucial for supporting subsequent claims. Collect as much information as possible at the scene, including:
- Driver Information: Name, contact details, driver’s license number, and insurance details of the truck driver.
- Vehicle Information: Make, model, license plate number, and VIN of the truck and any other vehicles involved.
- Witnesses: Obtain names and contact information from any witnesses to the accident.
- Photographs: Take pictures of the accident scene, vehicle damage, skid marks, and any relevant road signs or signals.
Document Your Injuries
If you sustained injuries, seek medical attention as soon as possible. Even if you feel fine, some injuries may not manifest immediately. A medical professional can provide a thorough evaluation and create documentation that is crucial for your health and potential claims later on. Keep records of all medical visits, treatments, and prescriptions.
Keep Detailed Records
Keeping detailed records helps you provide the most accurate assessment of your case to your attorney. Maintain a comprehensive record of all documents related to the accident, including:
- Medical records and bills
- Repair estimates and bills for vehicle damage
- Correspondence with insurance companies
- Any communication with law enforcement and other involved parties
These documents will support your claim and help ensure you receive appropriate compensation for your losses.
Follow Up on Medical Treatment
If you are receiving treatment for your injuries, follow your doctor’s advice and attend all scheduled appointments. Continuous medical care not only aids your recovery but also strengthens your case should you need to seek compensation for medical expenses related to the accident.
Be Mindful of Deadlines
Legal and insurance claims often have deadlines, known as statutes of limitations. In Illinois, the statute of limitations for truck accident cases is two years. Failing to file a claim within the specified time frame can result in losing your right to compensation. Ensure you understand these deadlines and act accordingly.
Recover Compensation
Being involved in a truck accident can have lasting effects on your life. If you’re facing mounting medical bills, lost wages, and emotional distress due to the negligence of a truck driver or trucking company, filing a lawsuit may be a necessary step toward obtaining fair compensation. Once you’ve recovered from the initial chaos of the accident, your next step is to file a truck accident claim or lawsuit to recover compensation.
Assess the Need for Legal Action
Before moving forward with a lawsuit, assess your situation. Take into account the severity of your injuries, the extent of property damage, and whether you have received an adequate settlement offer from the insurance company. If the proposed settlement does not cover your medical expenses, lost income, and other damages, pursuing legal action might be the next logical step.
Understand Liability
Liability in truck accidents can be complex, as multiple parties may share responsibility. The truck driver could be liable for actions like distracted driving or operating under the influence. The trucking company may also bear responsibility, especially if they failed to maintain the vehicle, violated industry regulations, or neglected to properly train their drivers. Additionally, other parties, such as manufacturers of defective parts or other motorists involved in the accident, may also be held accountable. A thorough investigation is essential to determine who is at fault.
Hire a Truck Accident Lawyer
Engaging a truck accident lawyer who is familiar with truck accident cases is often a wise decision. An experienced lawyer can provide you with legal advice, clarify your rights, and guide you through the intricate process of filing a claim. They can assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Having professional legal support can improve your chances of a successful outcome, as claims unrepresented by a lawyer are statistically more likely to yield a fair settlement.
File the Lawsuit
If negotiations with the insurance company do not lead to a satisfactory settlement, your attorney will help you initiate the formal lawsuit process. This involves drafting a complaint that outlines the specifics of your case, including the facts of the accident, the injuries sustained, and the compensation sought. The complaint is then filed in the appropriate court, which issues a summons to the defendants. The defendants must be formally notified of the lawsuit, usually through a process server.
The Discovery Process
Once the lawsuit is filed, both parties enter the discovery phase, where they gather evidence and information from each other. This process may involve interrogatories, which are written questions that must be answered under oath, and depositions, where witnesses, including the parties involved, provide recorded testimony. Document requests may also be made for relevant records, such as medical documents and vehicle maintenance logs. The discovery phase is critical for building your case and understanding the opposing side’s arguments.
Negotiation and Settlement
Many truck accident cases are settled before they reach trial. Your attorney will negotiate with the defendants or their insurance representatives to secure a fair settlement. If both parties can agree on a compensation amount, the case may be resolved without the need for a trial, which can save time and reduce stress.
Prepare for Trial
If a settlement cannot be reached, the case will proceed to trial. Preparation for trial involves presenting evidence and witness testimony that supports your claims. Both sides will have the opportunity to make legal arguments. In jury trials, the jury will deliberate and reach a verdict based on the evidence presented. This stage requires thorough preparation, as the outcome can impact your compensation.
Receive Compensation
If you win your case, the court will award compensation for your damages. This compensation may include medical expenses for current and future care, lost wages for time missed at work, and damages for pain and suffering, which cover emotional distress and reduced quality of life. It’s essential to understand what types of compensation you can seek and how they are calculated.
Filing a lawsuit after a truck accident can be daunting, but it is often necessary to secure the compensation you need. With the right legal support and a strong case, you can navigate the challenge of securing compensation effectively. If you find yourself in this situation, contact a truck accident attorney at Lloyd Miller Law Group who can advocate for your rights and guide you through the legal process.
