Accidents involving commercial trucks are among the most severe on Florida’s roadways. Due to the size and weight of these vehicles, collisions often result in significant injuries, property damage, and complex legal claims. If you’re involved in an accident with a commercial truck, knowing what steps to take can help protect your rights and ensure you receive fair compensation.
Immediate Steps to Take After a Commercial Truck Accident
1. Ensure Safety and Seek Medical Attention
Your safety and health should be the top priority. If possible, move to a safe location away from traffic and check yourself and others for injuries.
- Call 911: Report the accident and request emergency assistance. Inform dispatch of any injuries and the need for medical attention.
- Get a Medical Evaluation: Even if you don’t feel injured, seek a medical evaluation to rule out hidden injuries such as whiplash or internal trauma.
2. Document the Accident Scene
Gathering evidence immediately after the accident is crucial for your claim. Use your phone or camera to take pictures and videos.
- Capture All Angles: Photograph the vehicles, road conditions, damage, and any visible injuries.
- Note Key Details: Record information about the truck, including its license plate, company name, and any identifying numbers.
- Obtain Witness Information: Collect contact details from witnesses who saw the accident.
3. Exchange Information
Exchange basic information with the truck driver, but avoid discussing fault.
- Obtain: Driver’s name, contact information, license details, and insurance information.
- Company Details: Note the name of the trucking company or carrier responsible for the vehicle.
Why Commercial Truck Accidents Are Different
Accidents involving commercial trucks differ from standard car accidents in several ways:
1. Multiple Liable Parties
Unlike regular car accidents, liability in truck accidents may involve multiple parties, including:
- The Driver: If the accident was caused by reckless driving, fatigue, or negligence.
- The Trucking Company: If improper maintenance, training, or scheduling contributed to the accident.
- Third Parties: Including manufacturers (defective parts) or cargo loaders (improperly secured loads).
2. Federal and State Regulations
Commercial trucks must comply with strict federal and state regulations regarding weight limits, driver hours, and maintenance. Violations of these rules can be a key factor in determining fault.
3. Severe Damages
Due to the size and weight disparity, truck accidents often cause catastrophic injuries and extensive property damage, leading to higher compensation claims.
The Claims Process for Commercial Truck Accidents
Step 1: File a Police Report
A police report is an essential piece of evidence in your claim. Cooperate with officers at the scene and provide accurate information about the accident.
Step 2: Notify Your Insurance Company
Report the accident to your insurance provider promptly. However, be cautious when discussing the incident and avoid admitting fault.
Step 3: Consult an Experienced Truck Accident Attorney
Truck accident claims are complex and often involve aggressive insurance companies and legal teams. An attorney can:
- Investigate the accident thoroughly.
- Gather critical evidence, such as black box data and driver logs.
- Negotiate with insurance companies for fair compensation.
- Represent you in court if necessary.
Step 4: Seek Medical Treatment
Continue all recommended medical treatments and keep detailed records of your recovery. Medical documentation is vital for calculating the extent of your damages.
Step 5: Determine Damages
Damages in truck accident claims often include:
- Economic Damages: Medical bills, lost wages, and property damage.
- Non-Economic Damages: Pain, suffering, and emotional distress.
- Punitive Damages: Awarded in cases involving gross negligence, such as driving under the influence.
Protect Your Rights After a Truck Accident
Avoid Speaking to the Trucking Company’s Insurance Adjuster
Insurance adjusters may contact you quickly after the accident. They often aim to minimize payouts or find ways to shift blame. Direct all communication to your attorney.
Preserve Evidence
Retain all documentation related to the accident, including medical bills, receipts, and correspondence with insurers.
How ECD Law Can Help
If you’ve been involved in a commercial truck accident, the experienced team at ECD Law is here to guide you through every step of the process. From investigating the crash to negotiating with insurance companies, we fight to ensure you receive the compensation you deserve. Contact Warren Chin with ECD Law today.