When a tractor trailer collides with a passenger vehicle, the results are usually ugly. And if you're lucky enough to make it out alive, you likely have some pretty intense injuries – physical and emotional. Knowing what to do next is important.
Immediate Steps to Take Following the Accident
First and foremost, prioritize your safety and health. If you can, check on the condition of all parties involved and call 911. Then, report the accident and request medical assistance.
Even if you believe your injuries are minor, it's important to undergo a medical evaluation as some injuries may not present symptoms immediately.
“Adrenaline tells your body how to reallocate resources, causing the physical responses, one of which includes the release of endorphins, neurotransmitters that act as your body's natural painkillers,” Pinnacle Health Chiropractic explains. “With endorphin release, your after-accident pain may be partially or completely masked.”
While you're at the scene, start gathering evidence (if you can do so safely). Take pictures of the accident scene, including all vehicles involved, any visible damages, and road conditions. If there are any witnesses, try to get their contact information, as their accounts could be super valuable to the case later on.
Finally, make sure to obtain the truck driver's information, including their name, contact details, the trucking company they work for, and their insurance information. All of this information will be vital when filing a claim.
Dealing with Trucking Companies and Insurance Adjusters
After the accident, you'll likely need to deal with the trucking company's insurance adjuster. Trucking companies usually have pretty strong insurance policies and experienced legal teams. And it's important to remember that these insurance adjusters are not on your side. Their primary goal is to minimize the payout for the insurance company.
When interacting with insurance adjusters, be smart about what you say. Avoid providing a recorded statement or signing any documents without consulting with a personal injury attorney who specializes in truck accidents. A truck accident attorney can help you navigate the complexities of dealing with large trucking companies and ensure that your rights are protected.
Understanding the Truck Accident Claim Process
Filing a truck accident claim involves several stages, and understanding this process can help set your expectations correctly. As you approach your claim, it's helpful to have some expectations of what's about to unfold. Common phases of the process include:
- Investigation: This is where all evidence relating to the accident is gathered. Your attorney will work with accident reconstruction experts to build a case showing how the accident occurred and who is at fault.
- Filing the Claim: Your attorney will file a claim based on the evidence collected, outlining the damages and compensation you are seeking.
- Negotiations: Before going to trial, there's usually an opportunity to settle the claim out of court. Your attorney will negotiate with the trucking company's insurance to reach a settlement that covers all your damages.
- Trial: If a satisfactory settlement cannot be reached, the case may go to trial. Here, both parties will present their evidence, and a judge or jury will make a final decision.
Types of Compensation You Might Expect
Compensation in truck accident claims can be comprehensive, covering both economic and non-economic damages. This may include any or all of the following:
- Medical Expenses: This includes costs for emergency services, hospitalization, surgery, medication, rehabilitation, and any future medical needs resulting from the accident.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for lost wages. This also covers loss of earning capacity if you're unable to earn the same amount of money as you did before the accident.
- Pain and Suffering: You may also be eligible for compensation for physical pain and emotional distress caused by the accident. This can include compensation for any ongoing pain, psychological impact, or loss of enjoyment of life.
- Punitive Damages: In cases where the defendant's actions are found to be particularly reckless, punitive damages may be awarded as a way to punish the wrongdoer and deter similar behavior in the future.
Putting it All Together
You never want to be involved in a car accident. However, truck accidents are often considered worst-case scenarios. Large eighteen-wheelers can weigh as much as 10-times what your passenger vehicle weighs.
As a result, a collision with a large truck can be deadly or debilitating. If you're lucky enough to survive, you'll need to be diligent about maximizing your claim to account for your bills, suffering, and other related consequences.