A truck collision can be one of the most terrifying experiences on the road. Trucks' sheer size and weight make these accidents far more devastating than typical car crashes. While your immediate focus will be on your safety and health, protecting your legal right’s are just as important. Trucking companies and their insurers often have teams ready to deflect liability, so knowing what to do—and what not to do—can make all the difference in your case.
Prioritize Safety and Call for Help
After any accident, your first priority should always be to check for injuries. If it’s safe, move yourself and any passengers away from traffic. However, if you can't move, stay in place and wait for emergency responders.
Call 911 as soon as possible, even if the accident seems minor. Not only is reporting the incident required in many cases, but police and emergency crews can provide official documentation of the crash, which can play a pivotal role in your legal case.
Why This Matters Legally:
Having an official police report and medical examination following the incident provides credible, third-party documentation of what happened and confirms the injuries you sustained.
Exchange Information, But Be Careful When Speaking
Get the truck driver's name, contact information, insurance details, and the name of the trucking company they work for. Trucking companies often employ multiple parties—contractors, drivers, and insurers—making liability unclear. Try to restrict your conversation with the driver and witnesses to essential information. Avoid making statements like, “I’m fine” or “It might have been my fault.” These words can easily be used against you later.
Why This Matters Legally:
Insurers or attorneys can twist anything you say at the accident scene to reduce your compensation. Use caution and stick to factual exchanges of information.
Document the Scene Thoroughly
Photographs and videos are your best friend when it comes to proving what actually happened. Use your smartphone to capture images of vehicle damage, license plates, road conditions, skid marks, nearby traffic signs, and any other relevant details. Also, take photos of your injuries at the scene.
If witnesses are present, ask for their names and contact information. Witnesses may be asked to testify to support your claim.
Why This Matters Legally:
Strong evidence, like photos and witness statements, creates a visual record of the crash and can corroborate your version of events. This is especially important if the other party disputes what happened.
Seek Immediate Medical Attention
Even if you feel fine initially, get checked out by a doctor after the collision. Many injuries—like whiplash or internal damage—aren’t immediately noticeable and may worsen over time. Document every aspect of your medical treatment, from doctors' visits to prescriptions.
Why This Matters Legally:
Medical records are crucial for establishing a direct connection between the collision and your injuries. If you delay treatment, insurers may argue that your injuries are unrelated to the accident.
Notify Your Insurance Company, But Beware of Adjusters
Report the collision to your insurance company promptly, providing only basic, accurate information about the accident. If the trucking company’s insurer or representatives reach out to you, avoid making any statements until you’ve spoken to a lawyer.
Why This Matters Legally:
Insurance adjusters work to minimize payouts and may use your words against you. Consult with a legal professional before discussing the details of your case with anyone outside your insurer.
Preserve Evidence Related to the Trucking Company
Trucking accidents often involve company policies, maintenance records, driver logs, and other crucial factors. Preserve any evidence that may tie your case back to the trucking company. Your lawyer may also send a “spoliation letter” to the trucking company, instructing them to preserve all records and data related to the crash.
Why This Matters Legally:
Trucking companies are responsible for adhering to federal and state regulations. Evidence of improper maintenance, violations of driving hours, or driver negligence can shift liability squarely onto the company.
Consult a Truck Accident Attorney
Trucking accidents are legally complex. Multiple parties could be responsible, including the driver, the trucking company, parts manufacturers, or even those responsible for road maintenance. A lawyer experienced in truck collision cases understands how to investigate and determine liability while also handling aggressive insurance companies on your behalf.
Why This Matters Legally:
Early legal intervention can strengthen your case by ensuring the preservation of evidence, the meeting of filing deadlines, and fair negotiations.
Stay Off Social Media
After an accident, insurance companies may monitor your online activity for anything that contradicts your claims. Even a seemingly innocent post like, “Glad to be feeling better today!” can be used to argue that you’re exaggerating your injuries.
Why This Matters Legally:
Social media posts can be leveraged as evidence against you. It’s best to avoid discussing the accident or your recovery publicly until your case is resolved.
Truck Accident Lawyer in Wisconsin
At Bye, Goff & Rohde, we understand the complexities and challenges that arise after a truck collision. Our experienced personal injury lawyers in River Falls, WI, are dedicated to helping you navigate the legal process and secure the compensation you deserve. If you or a loved one has been involved in a truck collision, don't hesitate to contact us for a consultation. Let us provide the guidance and support you need to protect your rights and achieve a favorable outcome. Reach out to us today at (715) 202-5699 to learn more about our services and how we can assist you in your recovery journey.