Due to their sheer size and weight compared to passenger vehicles, accidents involving 18-wheelers are often very devastating. They lead to serious property damage, severe injuries, and even fatalities. Many victims do not know what to do or who to talk to after such accidents, but an experienced truck accident lawyer can help. Here are the steps you should follow if you are ever involved in an 18-wheeler truck accident.
Document The Scene
Many people forget to document the scene after such accidents, which is understandable. If you get injured and require medical attention, the best thing to do is to ask someone else to document the scene for you while a doctor attends to your injuries. Remember that your health is important above all else.
You or the person documenting the scene should take photographs, take note of the relative positions of the vehicles involved in the accident, and collect the other party’s details. If the 18-wheeler belongs to a company, it is important to take note of the company’s details, as it can help if you decide to sue and want to establish who is liable for the accident.
Next, you or the person you trust to document the scene should call the police and let them document it again.
Seek Treatment Immediately
Apart from documenting the scene, it is vital that you seek medical attention immediately. The main reason for doing this is so that the doctor can assess the nature and extent of your injuries and set up a treatment plan. The doctor will then examine you to determine if you have injuries that can become a problem later. For example, you might not have much pain after whiplash, but the pain might get worse in the following days, and your doctor wants to ensure things do not get worse for you.
Another reason why you should seek medical attention immediately is to ensure you do not exacerbate an injury. You might think your dull pain will go away, but it could be a sign of an injury or even a fracture that worsens if not treated properly and promptly.
Getting medical attention and ensuring the doctor is as thorough as possible creates contemporaneous documentation about the injuries sustained in an accident and what the doctor treated you for. This documentation is also important when talking to a vehicle accident lawyer if you are seeking compensation.
Additionally, the insurance company will likely minimize your injuries so they can pay as little as possible compensation. Having the evidence to back up your injuries and treatments can stop them from doing this.
Getting treatment immediately following an accident is also the best way to stop an insurance company from saying your injuries were not so serious. They will argue that you would have sought treatment if your injuries were severe enough. The company will use your delay as evidence against you as an excuse to lower your settlement or payment.
Do not Provide Details To an Insurance Company
Another important thing to remember is to not talk to the trucking company or their insurance company. You can speak to your insurance company to let them know that you have been involved in an accident, but do not tell them anything beyond this.
Anything you say can be used against you in your case, and you can be sure that the insurance company will do this. Since they have to pay you if their client is found liable, they have to find a way to make you say something that can lead to a lower settlement.
Talk To an Experienced Attorney
You should try to talk to an automobile accident lawyer as soon as you can following an accident. These should be personal injury and accident attorneys such as those from The Truck Accident Guys who have vast experience working on similar cases.
The accident attorneys will:
- Start an investigation
- Guide you on the documentation and evidence you need
- Help guide you through the process of obtaining medical treatment
- Prepare claims forms and other necessary documentation
The good news is that many personal accident attorneys work on a contingency, meaning you do not have to pay them if you do not get a settlement. They also know all the tricks insurers use for trying to lower or get out of settlements, and they can navigate them for you.
Remember that you and your attorneys are the only people with your best interest at heart during such cases. Find a good attorney, and do not talk to anyone about the case until everything is settled.
The lawyer will also help you take the case to court if you cannot reach a settlement.
Collect Documentation
Ideally, you should start collecting evidence and documents immediately following an accident. However, many people only begin this process once they start talking to their lawyer; there is nothing wrong with that. Some attorneys handle documents and evidence discovery for you.
In addition to the documentation of the accident, such as videos and photographs, you should collect your medical records, expenses and payments, and recommendations for ongoing treatment such as for rehabilitation, evidence of work and income lost due to the accident, evidence of costs associated with getting to and from doctor’s appointments, and other expenses and bills resulting from the accident. Being thorough is crucial here, as the more evidence you have, the higher the chance of getting a reasonable settlement.
Pursue Litigation
No one wants to go to court, but sometimes justice requires it. If you are being lowballed in settlement negotiations, or are being treated poorly by the trucking company then you should prepare for litigation. While litigation may seem intimidating your lawyer will help you through the entire process.
Your truck accident injury lawyer will help you take the case to court but know that the process can take months or years to be completed. Keep collecting additional evidence even after the case has been filed, such as doctor’s notes and bills so you can present them to court.
Conclusion
An accident with a truck/big rig/18-wheeler can be devastating and complicated. This is why you should always seek compensation or a settlement through a lawyer after such an accident. Collect as much evidence as possible and consider getting a truck accident lawyer like The Truck Accident Guys to help you.
