Main menu

Pages

5 Crucial Steps to Take After an 18 Wheeler Crash: Expert Advice from Top Lawyers

 

5 Crucial Steps to Take After an 18 Wheeler Crash: Expert Advice from Top Lawyers



Introduction

Accidents involving 18 wheelers are often catastrophic, given the sheer size and weight of these massive vehicles. Knowing what to do immediately after such an incident can significantly impact your physical recovery and legal outcome. This article provides expert advice on the crucial steps to take following an 18 wheeler crash.


Step 1: Ensure Safety and Seek Medical Attention

Immediate Safety Measures

The first priority after any accident is safety. Move to a safe location away from the traffic flow if possible. Turn on your hazard lights to alert other drivers of the accident.

Importance of Medical Evaluation

Even if you feel fine, seeking medical attention is vital. Some injuries, like whiplash or internal bleeding, may not be immediately apparent but can worsen over time.

Documenting Injuries

Make sure to document any injuries you have sustained. This includes taking photographs and keeping detailed records of medical evaluations and treatments.


Step 2: Contact Law Enforcement

Reporting the Accident

Always report an 18 wheeler accident to the police. This ensures there is an official record of the incident, which is crucial for any legal proceedings or insurance claims.

Importance of an Official Police Report

A police report provides an unbiased third-party account of the accident, detailing the circumstances and potential causes. This can be invaluable evidence if there are disputes about fault.

What Information to Provide

Provide the police with all relevant information, but stick to the facts. Avoid speculating about what caused the accident or admitting fault.


Step 3: Gather Evidence at the Scene

Photographs and Videos

Document the scene thoroughly. Take photos and videos of the vehicles, road conditions, and any visible injuries. This visual evidence can be pivotal in proving your case.

Witness Statements

If there are witnesses, collect their contact information and statements. Witnesses can provide essential third-party accounts that support your version of events.

Collecting Driver and Vehicle Information

Exchange information with the 18 wheeler driver, including their name, contact details, driver’s license number, and insurance information. Also, note details about the trucking company.


Step 4: Notify Your Insurance Company

Reporting the Accident to Your Insurer

Contact your insurance company as soon as possible to report the accident. Provide them with all necessary information and follow their instructions regarding the claims process.

What to Disclose and What Not to Disclose

Be honest with your insurer but avoid making speculative statements about fault or the extent of your injuries. Stick to the facts and provide only the information requested.

Understanding Your Coverage

Review your insurance policy to understand your coverage limits and what types of compensation you can expect. This knowledge will help you navigate the claims process more effectively.


Step 5: Consult with an Experienced 18 Wheeler Accident Lawyer

Why Legal Expertise is Crucial

An experienced lawyer can help you navigate the complex legal landscape following an 18 wheeler accident. They can assist with gathering evidence, negotiating with insurance companies, and representing you in court if necessary.


How to Choose the Right Lawyer

Look for a lawyer with specific experience in 18 wheeler accident cases. Check their track record, read client reviews, and ensure they have a good understanding of trucking industry regulations.


Initial Consultation: What to Expect

During your initial consultation, your lawyer will assess the details of your case, explain your legal options, and outline the next steps. This meeting is also an opportunity for you to ask questions and understand the potential outcomes.


Understanding Liability in 18 Wheeler Crashes

Different Parties That Can Be Held Liable

Liability in 18 wheeler accidents can extend beyond the driver. Trucking companies, manufacturers, and even maintenance providers can be held responsible depending on the circumstances.

Role of Trucking Companies

Trucking companies are often liable for accidents due to negligent hiring practices, poor vehicle maintenance, or violation of safety regulations.

Manufacturer Liability

If a mechanical failure caused the accident, the manufacturer of the truck or its parts might be held accountable. Your lawyer will investigate all potential sources of liability.



Common Causes of 18 Wheeler Accidents

Driver Fatigue

Long hours on the road can lead to driver fatigue, a common cause of accidents. Federal regulations limit driving hours, but violations still occur.

Mechanical Failures

Brake failures, tire blowouts, and other mechanical issues can lead to devastating accidents. Regular maintenance is essential to prevent these incidents.

Improper Loading

Incorrectly loaded cargo can cause a truck to become unbalanced, increasing the risk of a rollover or jackknife accident. Proper loading procedures are critical for safety.


Dealing with Insurance Companies

Tips for Handling Insurance Adjusters

Insurance adjusters work to minimize the payout. Be cautious with your statements and consider having your lawyer handle communications to avoid being misled or coerced into a low settlement.

Common Tactics Used by Insurers

Insurers may delay claims, dispute liability, or offer quick lowball settlements. Being aware of these tactics can help you stay vigilant and protect your rights.

How Lawyers Can Help

Your lawyer can negotiate with insurance companies on your behalf, ensuring that you receive fair compensation for your injuries and damages.


Potential Compensation After an 18 Wheeler Accident

Types of Damages You Can Claim

You may be entitled to various types of compensation, including medical expenses, lost wages, property damage, and pain and suffering.

Economic vs. Non-Economic Damages

Economic damages cover tangible losses like medical bills and lost income, while non-economic damages address intangible impacts such as emotional distress and loss of enjoyment of life.

Punitive Damages

In cases of gross negligence or intentional misconduct, you might be awarded punitive damages, which are designed to punish the wrongdoer and deter similar behavior in the future.


The Legal Process for 18 Wheeler Accident Claims

Filing a Lawsuit

If a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit. This formal legal action initiates the court process.

Discovery Phase

During discovery, both parties exchange information and gather evidence. This phase is crucial for building a strong case.

Settlement Negotiations and Trial

Many cases are settled before reaching trial. However, if a settlement is not possible, your lawyer will present your case in court to seek a favorable judgment.

Comments