Truck crashes are often more severe than regular car accidents. Their size and weight can cause significant damage and injuries. If you’re involved in a crash with a truck, there are important legal considerations to keep in mind.
This blog post will guide you through the steps you should take and the legal aspects you need to understand in a truck crash. Keep on reading if you want to learn more!
Immediate Steps After the Crash
Following the right steps is essential, especially if you want to protect your legal rights after a truck accident. Here are some things that you should be aware of:
Ensure Safety
First and foremost, check if anyone is injured. If so, call 911 immediately. Your safety and the safety of others is the priority.
Contact Law Enforcement
Always contact the police after a truck crash. A police report can be crucial for your insurance claim and any legal action. The report will document the scene, witness statements, and other important details.
Gather Information
Collect the following information:
- Names and contact details of all drivers involved
- Insurance information
- License plate numbers
- Make and model of all vehicles involved
- Names and contact information of any witnesses
Document the Scene
Capture images of the collision scene, encompassing:
- Vehicle damages
- Road conditions
- Traffic signs or signals
- Any visible injuries
These photos can be valuable evidence later on. It is also important to make sure that they are clear.
Seek Medical Attention
Even if you feel fine, it’s important to see a doctor. Some injuries might not be immediately apparent. A medical report will also be useful if you decide to pursue legal action.
Understanding Liability
Determining who is at fault in a truck crash can be complex. Multiple parties might share liability, including:
- The truck driver
- The trucking company
- The vehicle manufacturer
- Maintenance providers
Truck Driver
The driver might be liable if they were:
- Driving under the influence
- Distracted (e.g., texting)
- Speeding or violating traffic laws
- Fatigued from driving too many hours
Trucking Company
The company can be held responsible if they:
- Failed to maintain the vehicle properly
- Forced drivers to work beyond safe hours
- Did not conduct proper background checks on drivers
Vehicle Manufacturer
If a mechanical failure caused the crash, the manufacturer could be liable. This includes failures in brakes, tires, or other critical systems.
Maintenance Providers
Companies responsible for maintaining the truck might be liable if they fail to perform necessary repairs or inspections.
Legal Claims You Can Pursue
After a truck crash, you might be entitled to several types of compensation. It is essential to be aware of these things, especially if you want to learn more about truck accident settlements:
Personal Injury Claim
If you were injured in the crash, you can file a personal injury claim. Compensation can cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
Wrongful Death Claim
If a loved one died in the crash, you could file a wrongful death claim. Compensation can help cover:
- Funeral expenses
- Loss of income
- Loss of companionship
Property Damage Claim
This claim covers the cost of repairing or replacing your vehicle and any other personal property damaged in the crash.
Working with a Lawyer
Navigating the legal complexities of a truck crash can be overwhelming. Here’s why hiring a lawyer is beneficial:
Expertise
An experienced lawyer understands the laws and regulations governing truck accidents. They can identify all liable parties and gather the necessary evidence.
Negotiation
Insurance companies often try to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive fair compensation.
Representation in Court
If your case goes to trial, having a lawyer is crucial. They will represent you in court and advocate for your best interests. Make sure that your lawyer is specialized in your case to ensure the best results.
Statute of Limitations
Every state has a statute of limitations, which is the time limit for filing a lawsuit. This period typically ranges from one to three years. Failing to file within this window can result in losing your right to compensation.
Insurance Considerations
It is also important that you are aware of your rights with your insurance company. Learning about them can help you fully utilize your benefits.
Trucking Company Insurance
Trucking companies usually have large insurance policies, often much higher than those of regular vehicles. This can impact the amount of compensation you might receive.
Your Insurance
Report the accident to your insurance company as soon as possible. Review your policy to understand what coverage you have, such as:
- Collision coverage
- Uninsured/underinsured motorist coverage
- Medical payments coverage
Dealing with Adjusters
Be cautious when speaking to insurance adjusters. Their goal is to minimize payouts. Provide necessary information but avoid giving recorded statements without consulting your lawyer. It is essential that you also work with the best lawyers to ensure fair compensation. Work with experts like this truck accident lawyers in Virginia Beach for the best results.
Preventive Measures
While you can’t control other drivers, taking preventive measures can reduce your risk of being involved in a truck crash:
Defensive Driving
Maintain a safe distance from trucks, avoiding their blind spots. When passing, do so quickly and safely, always staying alert to potential hazards.
Vehicle Maintenance
Ensure your vehicle is in good condition. Regular maintenance can prevent mechanical failures that might contribute to a crash.
Awareness and Education
Stay informed about road safety practices. Attend defensive driving courses if necessary. It is important to know that staying safe is the most important thing on the road. You’ll still get to your destination even if you are not being fast on the road.
Know How to Deal with a Truck Crash
Being involved in a truck crash is a traumatic experience. Understanding the legal considerations can help you protect your rights and secure the compensation you deserve. Don’t hesitate to seek professional legal help to navigate this complex process.
If you need assistance, contact a qualified lawyer who specializes in truck accidents. They can help you through every step, from gathering evidence to negotiating with insurance companies.
For more topics aside from post-truck crash legal actions, check out the rest of our blog!
