Any accident is always traumatic, but when you’re involved in a truck accident, things can be even more difficult. Because of the size of trucks, they can cause catastrophic damage and injuries. There are a few legal steps to take immediately afterward that can protect your rights and facilitate any future legal claim you might make for compensation. Talk to a truck accident lawyer in Katy as soon as possible to find out what all your options are and start protecting your rights.
What Are the Legal Steps to Take After a Truck Accident?
1. Call the Police
No matter how seemingly minor the accident it is, always call the police. Texas law requires a police report to be filed if there are any injuries, significant property damage, or a fatality after an accident, but even if no one has been obviously badly injured, and even if it doesn’t seem as if the property damage is that bad, it’s still in your best interests to call the police.
For one thing, modern vehicles have shells that are very good at absorbing the blow of an accident in such a way as to hide the real damage underneath. What may not look like much property damage could easily cross the line established by law and become expensive enough that a police report is required anyway. The same as true of injuries. Even if you don’t feel like you’ve been badly injured, certain things like whiplash or even internal bleeding may not manifest with symptoms immediately.
Beyond that, once the officers arrive, they will create an official accident report. This report will be very useful to you in your insurance claims and in any legal claim you may have to make. The official report will have all the details of who is involved, the officer’s assessment of fault, and witness statement.
2. Exchange Information With the Truck Driver
Once you’re sure that everyone is safe and you’ve called the police (and ambulance services if someone is injured), if you and the other driver/s are able physically, exchange all your information. You need to get names, contact details, insurance information, and driver’s license numbers from all involved drivers. In addition, if a truck is involved, you may also need to get information about who owns the truck or employs the driver. In some cases, this will be the driver, but in other cases it may be a trucking company or another sort of business.
Be sure to give all this information freely in return, and be courteous but cautious. Don’t discuss fault or make any statements that could be understood as you admitting guilt. If another driver tries to offer you cash on the spot to allow them to drive away, politely refuse. This may not be an attempt to trick you: the other driver may genuinely believe that the cash will cover everything, especially if the amount of property damage isn’t clear yet and if everyone seems to be all right. But you just don’t know what the ultimate medical and car repair expenses will be.
3. Collect Evidence If You Can
If you’re not badly injured, and if it is safe to do so, use your phone to get photographs of the accident scene, the damage to the vehicles, and any traffic signs that are in the area. You want both close-up shots and panoramic ones, but if the other driver is angry or agitated, wait for the police to come before doing this. If there are witnesses, ask for their contact information so you can pass this on to your lawyer. It can also be helpful if you jot down some notes while everything is still fresh in your mind. Write down what happened leading up to the accident, what the weather conditions were like, and anything else that might help you remember later more accurately.
4. Notify Your Insurance Company
As soon as it’s safe and practical for you to do so, be sure to tell your own insurance company about the accident, even if it was caused by someone else. Your insurance company usually has a time limit for this, and the time limit is usually quite short. You’ll often need to make contact within a day or two, so just do it as soon as you can. Give your insurance company accurate information, but be very careful about speculating on who is at fault or admitting any fault of your own. Your own insurance company should contact the at-fault driver or the driver’s company and their insurance company to initiate a claim.
5. Get Medical Care Soon
Obviously, if you have been badly hurt, you will likely be taken to the emergency room immediately after the accident. If that happens, you won’t be able to do most of the steps listed above, but once you contact a truck accident lawyer, your lawyer can get to work quickly in gathering evidence and informing the insurance companies. But if you weren’t so badly hurt that you had to be taken immediately by ambulance to the hospital, be sure to go get checked out as soon as you can.
For one thing, there are some injuries, and some of them quite serious, that don’t have immediate symptoms. You could be hurt far more badly than you feel. In addition, adrenaline tends to surge after an accident, and adrenaline is very good at masking pain. You also need to get medical help quickly for the sake of any legal claim you might make. If you delay getting help, the other party may argue that your injuries weren’t caused by the accident or that you made them worse by delaying medical care.
6. Consult a Truck Accident Lawyer in Katy, TX
The next step is to talk to a qualified attorney who has experience here in the local Katy area. A lawyer will be able to evaluate your situation quickly and tell you what next steps to take, and a lawyer can apply knowledge of state law and experience in these cases to handle communication with the insurance companies, negotiate on your behalf, and enormously improve your chance of getting a fair outcome.
7. Be Careful What You Say to Adjusters
Insurance adjusters commonly contact victims not long after the accident, and they may even contact you repeatedly, requesting to discuss the details of the accident over and over or even offering you a settlement. These contacts are often attempts to get you to say something that can be used against you and your claim. Remember that the insurance company’s goal is to make money, not to cover your losses. Any statement you make could potentially be used to reduce your claim. If the insurance company contacts you, talk to your attorney or refer them directly to your attorney instead of speaking with them. If you’re offered a settlement, be sure not to accept it until you have talked to your lawyer.
After a truck accident, you’re often facing a trucking company that has lots of money and lawyers, as well as an insurance company that wants to minimize their losses. Don’t go up against them alone.
Call the Law Office of Shane McClelland in Katy, TX right away. We also serve Sugar Land and the Lincoln, NE areas.