Being involved in an accident with a commercial truck can be highly confusing and overwhelming. Your adrenaline may produce a fight-or-flight response, making it challenging to know how to protect your rights and potential future claim. Below, an attorney from Jackson & Foster Law outlines what to do after a truck accident.
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ToggleMove to a Safe Area
If allowed by law, immediately after the accident, move your vehicle to a safe area away from traffic if you’re able to do so. If you cannot operate your vehicle, exit it immediately if safe to do so and move yourself to a safe location.
A truck accident can be highly traumatic, so it’s important to calm your breathing and avoid panicking. This will allow you to assess the situation with a clearer head, which is important for your safety and that of those around you.
Call 911 or Local Authorities
Many drivers are unsure of what to do after a truck accident or who to contact. In Alabama, you are legally required to report vehicle collisions to the police if they result in injury, death, or property damage of over $250. Because of this, you must notify authorities after the accident, even if the damages seem relatively minor.
If anyone appears injured, calling 911 is typically the safest course of action. If no one seems injured, you may call the local police department, and they will dispatch officers to the accident scene to typically create a report. A police report often includes useful information, such as the names of involved parties and a summary of the incident.
If you contacted 911 after the accident, be sure to listen to the medical advice from the responding EMTs or paramedics. If they recommend that you go to the hospital, it’s generally wise to follow their guidance for your safety and to ensure your condition is properly documented.
Seek Medical Attention
Even if you feel fine, a medical evaluation can help identify injuries that may not be immediately apparent. The adrenaline following a truck accident can mask symptoms, making it challenging to know the true nature of your injuries. You might feel fine for the first few hours or days following the crash despite having a severe strain, traumatic brain injury, rib fracture, internal bleeding, etc.
We recommend seeing a doctor as soon as possible if your injuries warrant it, as this may support your claim and prevent your injury from worsening. Failing to seek medical attention may create complications with your insurance company, especially if your condition worsens in the coming weeks. Your insurer may argue that your injury developed after the accident or that you contributed to your injury by not seeking prompt care.
For severe injuries, seek emergency care. For minor concerns, you may want to try to go to the doctor or urgent care.
Gather Information From Witnesses and Involved Parties
Understanding what to do after a truck accident also means taking steps to support your future claim, if possible. If any witnesses saw the accident, they may be helpful later on in your case. You may want to ask them if they’re willing to share their contact information or a statement for your police report.
You should also gather all contact details and insurance information from the other driver and any other involved parties. In a commercial trucking collision, you may need their employer’s name and phone number as well.
Document the Scene
Accident evidence is important when pursuing truck accident compensation. Evidence can be challenging to gather, though, as accidents are quickly cleaned up. Because of this, you need to document the scene before leaving if you’re able to.
We recommend taking photographs of:
- Your injuries
- Damages to your vehicle and the truck
- Any nearby road signs or traffic lights (speed limit, yield sign, etc.)
- The weather conditions at the time of the accident (rain, snow, hail, etc.)
- Any relevant road conditions (potholes, defects, etc.)
Contact Your Insurer but Speak Carefully
Once home, you should contact your insurance company to report the accident. This step is important, regardless of who caused the collision. Many insurers in Alabama require you to report accidents within 30 days, though doing so early can be helpful.
As you initiate the claims process, you must be truthful in all of the answers that you provide, but it’s important to avoid admitting fault. Insurers may ask you confusing questions with the goal of minimizing their financial liability. Providing a slightly different statement to an insurer compared to your police report could create complications in your claim.
Follow All Recommendations From Your Doctor
As you progress through the recovery process for any injuries, it’s important to listen to your doctor’s recommendations on necessary treatments, procedures, medications, rehabilitation, etc. Failing to abide by these recommendations may harm your claim or put your health at risk.
Be sure to keep all documentation relating to your diagnosis and medical expenses.
Seek Legal Representation
Navigating a truck accident claim in Mobile is incredibly complex. Alabama follows strict contributory negligence laws, meaning that you are barred from pursuing compensation if you’re found even 1% liable for the accident. Insurers and defense teams may use this law to their advantage, often attempting to make victims assume partial liability for accidents to minimize their financial burden.
An attorney experienced in Alabama’s trucking laws can help you understand your rights and potential liability under the law. They can help you evaluate your legal options and pursue a claim where appropriate. Consider consulting an attorney after your accident to discuss your options.
Do You Need Help With Your Truck Accident Claim?
Now you know what to do after a truck accident. Next, learn about personal injury claim mistakes. If you need to consult a lawyer about a recent accident, call Jackson & Foster Law at (251) 433-6699 to discuss your case.