- February 11, 2019
- Truck Accidents
Steps You Need to Take After a Truck Accident
The aftermath of a truck accident can be a nightmare, but there are steps you can take to make it better.
Large trucks can weigh up to 80,000 pounds, so they can do considerable damage when involved in a crash. It is no wonder that victims of truck accidents wind up with serious injuries that may require multiple hospitalizations and surgeries and cause tremendous pain and suffering, and injuries that may be permanent or even cause death. Survivors must deal with mounting medical, hospital, rehabilitative, and household bills at a time they are unable to work, and life may never be the same.
If you or a loved one has been injured or someone has died in a truck accident due to another party’s negligence or fault, you may be entitled to compensation for your losses through insurance or a personal injury lawsuit. While no amount of money can fully make up for what you are going through, fair compensation can help alleviate your financial problems, and allow you to concentrate on getting well.
Truck accident claims are especially complicated due to the state and federal rules and regulations for the trucking industry and the multiple parties and insurance companies involved. Insurance companies and their lawyers often try to deny claims, get you to settle for less than your case is worth, or make it seem as if the accident is your fault, so it is difficult to go up against them on your own.
To make sure you receive the compensation you are entitled to, there are some steps that you should take in the aftermath of a truck accident.
What Steps Should You Take After a Truck Accident?
When negligence exists and causes individuals significant harm, it can be a daunting and complicated experience. While you may not be in condition to do so if you are suffering catastrophic injuries, when it is possible after a truck accident taking these steps can help build a case in a strong and effective manner and aid your recovery.
Call police and have everything documented.
After a truck accident, call 911 and immediately seek emergency medical attention and document even minor pain. Make sure the police file a report, but never admit fault, as anything you say can be used against you. Get drivers’ license, insurance and contact information from the truck driver. Obtain contact information for any passengers and witnesses involved in the crash, and write down any statements that can help determine what happened. If possible, take photographs and videos of the following:
- At the accident scene, any signs of problems—such as tire marks from braking, missing traffic signs or signals, and any road dangers
- The damage to your vehicle and where the damage is located on the truck—these can often help accident reconstruction experts determine factors such as the angles at which the incident occurred
- The injuries you sustained—this can include lacerations, serious bruising, any open wounds, broken bones, and more.
Get medical help
Get medical help as quickly as possible, even if you do not think you are seriously injured, as many injuries worsen over time and may not be noticed immediately. Medical treatment is necessary following a truck accident because damage can be serious and include head, back, neck, and spinal cord damage, traumatic brain injuries, paralysis, amputations, and broken bones. Medical attention allows you to start necessary procedures and provides records that can help your own case against the negligent party. These medical records can detail the exact injuries you sustained and give an idea of whether or not the truck accident caused the injuries.
Notify your auto insurance company of the accident
Michigan is a no-fault insurance state, so your own auto insurance company must be notified after a truck accident, and you should file an Application for Benefits form. According to state law, there’s a strict one-year time limit to notify your own (first-party) auto insurance company of the crash, in order to receive no-fault insurance benefits under Michigan’s No-Fault Insurance Act for:
- Lost wages for three years
- Replacement services for three years
- Certain allowable expenses for your lifetime.
Get legal assistance
After a serious truck accident, Michigan law gives you a three-year time limit to file a lawsuit against the negligent driver’s (third-party) insurance company. Filing a third-party negligence lawsuit can help you get compensation for expenses not included in PIP benefits. This may include lost wages beyond the initial three-year period, property damage, and non-economic damages such as pain and suffering.
Truck accident cases involve so many factors that trying to navigate one alone can be damaging to your rights. Without legal knowledge, it is easy to make mistakes that will cost you the compensation you deserve. It’s important to speak with a professional legal advocate who can investigate the accident, gather the evidence, documents, and details necessary to prove fault, interview witnesses, and put together a strong claim.
With a lawyer on your side, you can have access to various resources that you may not have on your own. This can include accident reconstruction experts, medical experts, witnesses to the accident, and other individuals with specialized knowledge of the trucking industry and how negligence can cause harm.
Understand the Battle Against Insurance Companies
The aftermath of a truck accident is impacted by insurance companies. These are large corporations tasked with protecting their own profit and policyholders—which includes the truck driver, the trucking company, owner of the tractor, the trailer, and more.
When you’re injured, the insurance company will seek ways to limit their own liability and how much they have to pay. Never give statements to an auto insurance claims adjuster or sign a release or allow the adjuster to look at your vehicle damage, as they will use this against you – speak to your lawyer first and let them handle all communications and negotiations with insurance companies.
What to do After a Truck Accident in Michigan
After a serious Michigan truck accident, one of the most important things you can do is get immediate legal assistance. Here are some reasons why:
The trucking industry is regulated by Michigan laws and those of the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers are required to maintain comprehensive records of the maintenance of their truck, their stops, routes, cargo weights, and work hours. These records can provide evidence of negligence if improper maintenance, driver fatigue, improper hiring or training, or an overweight vehicle contributed to an accident.
Proving negligence is essential to winning your case, so your attorney would look for evidence that includes the vehicle’s “black box” data, such as the truck’s speed, acceleration, length of time driving, brake application, and tire pressure which can help show what could have possibly contributed to the accident. Also important are hours-of-service records showing time spent driving, as violations can be evidence that driver fatigue contributed to a truck accident. However, over time, trucking companies can legally dispose of their pre-trip inspection documents, hours of service and other records that can prove fault, so it is essential that we obtain these as soon as possible.
Also, in truck accident cases, several parties may carry some liability. In addition to the truck driver and the trucking company, other liable parties may include the manufacturer of the truck or its parts, if these failed; the company that loaded cargo incorrectly; or a maintenance company that failed to make repairs. All of these parties may have insurance and assets that can go toward a settlement, and your attorney should identify them and name them as defendants in a lawsuit.
Get Help from Our Truck Accident Lawyers
At Goodman Acker, our experienced truck accident attorneys in Detroit know how difficult the aftermath of a truck accident can be, and we are ready stand by your side every step of the way. Our goal is to help you move forward in the aftermath of a truck accident in the most effective manner possible and help you obtain justice and the compensation you deserve.
We offer a free consultation to discuss the circumstances of your accident and determine the best way to move forward. There are no fees to you unless and until we win your case, so call us today to get started.
Call 248-286-8100 now and speak with our team about your rights.