Following is a general guide of some important actions to take in the event of an accident:
Report the accident immediately. After any kind of collision, immediately call for medical and police assistance. An injury may be present even if you don't feel it. A visit to the emergency room is necessary to ensure there has been no internal damage, and to treat wounds that may seem superficial but could possibly be more serious.
Do not leave or alter the accident scene. You should not leave the scene of an accident - or move any vehicles involved - before the area has been assessed by authorities. The positions of the vehicles will be important factors for the officials investigating the crash.
Seek medical attention immediately. First, medical teams and police must be called to the scene. Most importantly, all victims should go to the emergency room, even if they feel fine. Some medical complications may be internal with symptoms that may not be immediately apparent
Take photos of the scene and vehicles.
Get the contact information for all witnesses.
Obtain the other driver's contact information and the name of his/her insurance carrier.
Do not provide details about the accident except what is absolutely necessary
NEVER admit fault.
NEVER apologize.
Do not wait to file a police report and retrieve a copy.
Do not wait to file your insurance claim.
Do not speak to any insurance adjusters without having your attorney present.
As soon as possible, write down every detail you can think of for your own records.
There are several reasons for not speaking about the accident in great detail, particularly at the scene. Most often there is an element of shock and you or others in the car or other vehicle with you may say things that are misconceptions or that others did not. For example, "I can't believe I hit him!" may be said when it was the truck driver that swerved into your lane or turned without signaling, and this may be misconstrued as an admission of guilt. Your actions in the first hours and days of your accident are critical if you hope to receive fair compensation for your injuries. We urge you to obtain one of our reputable personal injury attorneys experienced in trucking accidents immediately. Retaining a lawyer requires insurance investigators, law enforcement personnel and others whose actions may not be in your best interests to speak to your attorney first in all matters regarding your case.
A common defense in trucking accident cases is that the driver of the passenger vehicle is who caused the accident. Trucks are enormous compared to passenger vehicles, with a slower rate of maneuverability. This causes significant limitations when trucks are attempting to responding quickly to the action(s) of other motorists. Consequently, if the passenger vehicle does any of the following the fact of the action will be used to defend the truck driver:
Driving left of center into opposing traffic
Unsafe passing
Driving under the influence of drugs and/or alcohol
Failure to stop for a stop sign or traffic light
Following too closely
Driving over the speed limit
Driving inattentively
Driving in the truck driver's blind spots, or "no-zones"
Improperly merging in front of a truck
Because the extent of injury and damage can be catastrophic, insurance agencies representing trucking companies are in danger of losing significant amounts of money as a result of large truck accidents. Victims of these accidents will often be contacted by insurance representatives soon after a crash. It is important to contact an attorney before speaking with a trucking company's insurance representatives. Remember, a trucking company's insurance agents are trying to protect their interests and those of the company they represent. The laws in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas are different. You should consult with a personal injury lawyer who is familiar with insurance laws and has experience taking on large insurance companies in the pursuit of compensation for victims
Every commercial truck accident is unique. Therefore, it is difficult to determine the exact time-frame these steps will take in your particular case. It can take as little as a few months, to as long as a few years. If you have been injured in an accident involving a commercial truck, contact an experienced personal injury attorney as soon as possible.
Conclusion
On the road, there's almost nothing more deadly than an out-of-control truck. As trucking companies are only required to maintain many of their records for six months, it is imperative to take action immediately if you have been a victim.
When victims die in fatal truck accidents, the survivors are often unsure how to handle the aftermath of the tragedy. When fatal truck accidents are caused by negligence on behalf of the truck driver, company, employer, contractor or the manufacturer, the decedent's family may have the legal right to seek compensation for the losses suffered in fatal truck accidents.
Randall J. Shanks is a personal injury attorney with over 24 years experience handling cases involving accidents. Remember, the laws are different in all states like Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota. If you or a loved one has been injured or killed in an accident involving a commercial truck, an experienced personal injury attorney can assist you in obtaining a settlement to compensate you for your injuries and losses.
|