June 16, 2024

What Happens When a Company Truck Hits You

Large Truck Collision Facts
Immediate Steps to Take After the Accident
Understanding Liability and Negligence
Filing a Claim and Seeking Compensation
Act Now for the Support You Deserve

Accidents involving company trucks can be particularly complex and stressful. Understanding the immediate steps to take, the process of determining liability, and how to seek compensation is crucial for protecting your rights and well-being.

This guide will walk you through everything you need to know if you find yourself in such a situation.

Whether it’s handling insurance companies, dealing with long-term recovery, or knowing your legal options, we’ve got you covered.

Large Truck Collision Facts

Statistic	Value
Large trucks involved in fatal crashes	5,837
Increase in fatal crashes from 2021	1.8%
Increase in fatal crashes over 10 years	49%
Involvement rate increase per 100 million miles (2021-2022)	3%
Involvement rate increase per 100 million miles (10 years)	24%
Percentage of vehicles in fatal crashes	6%
Percentage of total vehicle miles	10%
Large trucks involved in injury crashes	120,200
Increase in injury crashes from 2021	2.5%
Increase in injury crashes since 2016	18%
Involvement rate per 100 million miles (since 2016)	5.7%</
People died in large-truck crashes	5,936
Increase in deaths from 2021	2%
Increase in deaths over 10 years	49%
Deaths – occupants of other vehicles	70%
Deaths – truck occupants	19%
Deaths – non-occupants	11%
Injuries in large-truck crashes	161,000
Increase in injuries from 2021	3.9%
Injuries – occupants of other vehicles	73%
Injuries – truck occupants	26%
Injuries – non-occupants	1%
Fatal crashes on rural roads	More than half
Fatal crashes on interstates	About a quarter
Crashes during daylight	61%
Fatal crashes in construction zones	4.6%
Peak months for fatal crashes	September and October
Month with fewest fatal crashes	February

Immediate Steps to Take After the Accident

When a company truck hits you, the immediate aftermath can be confusing and overwhelming. Knowing the right steps to take can help ensure your safety and protect your rights. Here’s what you should do right after the accident.

Ensure Safety

First and foremost, move to a safe location if you can. If your car is drivable, pull it to the side of the road.

Staying in a busy roadway can be dangerous, not only for you but for other drivers too. Turn on your hazard lights to alert other drivers to your situation. This simple step can prevent further accidents and keep everyone safer.

Call Emergency Services

Dial 911 to report the accident. It’s crucial to get the police and medical help on the scene as soon as possible. The police will create an accident report, which is essential for any future claims.

Medical personnel will check for injuries, which might not be immediately apparent due to shock. Having an official report can be pivotal when dealing with insurance companies and legal claims.

Seek Medical Attention

Even if you feel fine, it’s important to get a medical evaluation. Some injuries, like whiplash or internal damage, may not show symptoms right away.

A thorough check-up ensures that any hidden injuries are documented and treated promptly. This documentation is crucial for linking any medical issues directly to the accident, which can be important for insurance claims and potential legal action.

Gather Evidence

Collect as much evidence as possible. Take photos of the accident scene, including damage to your vehicle, the truck, and any visible injuries.

If there are witnesses, ask for their contact information. Their statements can be valuable later. This evidence can help paint a clear picture of what happened and who is at fault, which is essential for your case.

Exchange Information

Get the truck driver’s details, including their name, contact information, and insurance details.

Also, note the company the truck belongs to. This information is crucial for filing a claim.

Make sure to take down the truck’s license plate number and any identifying numbers on the truck itself to ensure all relevant parties are identified.

Report the Accident

Notify your insurance company about the accident. Provide them with all the collected information and evidence.

Be truthful but concise, avoiding speculation about fault. This report will start the process of your claim and ensure your insurance company can begin their investigation and support you through the process.

Avoid Statements

Do not admit fault or provide detailed statements to the truck driver’s insurance company. Anything you say can be used against you later.

Politely decline to give a statement until you’ve consulted with a lawyer. Insurance companies may try to minimize their payout, so it’s best to be cautious and seek legal advice first.

Keep Records

Document all medical visits, treatments, and expenses related to the accident.

Keep receipts and records of any other costs incurred, such as towing fees or rental cars. These records will be important when you file a claim for compensation.

Detailed documentation can help ensure you receive full compensation for all your losses.

Understand Your Rights

Familiarize yourself with your legal rights after an accident involving a company truck. Knowing what you’re entitled to can help you make informed decisions.

Each state has different laws regarding liability and compensation, so understanding these can be very beneficial. A lawyer can help clarify your rights and guide you through the process.

Understanding Liability and Negligence

Determining who is at fault in an accident involving a company truck is a critical step in seeking compensation. Liability and negligence are key concepts that will influence the outcome of your claim.

Understanding these principles can help you prepare a stronger case and know what to expect as you move forward.

Determining Fault

In any vehicle accident, establishing who is at fault is essential. This process involves analyzing the actions of all parties involved.

For instance, if the truck driver was speeding, distracted, or violated traffic laws, they might be found at fault. Evidence like traffic camera footage, witness statements, and police reports can be crucial in this determination.

In some cases, fault may be shared among multiple parties.

Truck Driver Responsibility

The responsibility of the truck driver plays a significant role in liability. Truck drivers are held to high standards due to the size and potential danger of their vehicles.

If the driver was fatigued, under the influence, or violating hours-of-service regulations, they could be found negligent.

For example, a driver falling asleep at the wheel can lead to severe consequences and establish clear negligence.

Company Liability

Beyond the driver, the trucking company itself can also be held liable. Companies must ensure their drivers are properly trained and that their vehicles are well-maintained.

If an investigation reveals that the company failed to adhere to safety regulations or pushed drivers to exceed legal driving limits, the company can be held responsible. This dual liability underscores the importance of examining both the driver’s and the company’s actions.

Comparative Negligence

In some accidents, more than one party may be found at fault.

Comparative negligence is a legal concept that allows fault to be divided among parties. For instance, if you were found to be 20% at fault for the accident, your compensation might be reduced by that percentage.

Understanding how comparative negligence works in your state is vital, as it can significantly impact your settlement.

Evidence of Negligence

The process of collecting evidence begins immediately after the accident. Each piece of evidence plays a crucial role in building a strong case.

Here’s a look at the different types of evidence that are essential for proving negligence:

Police Reports
Eyewitness Testimonies
Traffic Camera Footage
Photographs
Driver Logs
Maintenance Records
Medical Records
Communication Records
Accident Reconstruction Reports
Witness Statements

Legal Standards

Commercial vehicle operators are subject to strict legal standards. These include federal regulations on driving hours, vehicle maintenance, and driver qualifications.

Violations of these standards can be used to establish negligence. For example, if a truck driver exceeded the maximum allowed driving hours, this breach can be pivotal in your case.

Investigating the Accident

A thorough investigation is crucial in any truck accident case. This process involves collecting evidence, interviewing witnesses, and reconstructing the accident scene.

Investigators may use technology like accident reconstruction software to understand the dynamics of the collision. Each piece of evidence helps build a clearer picture of what happened and who is responsible.

Documentation

Proper documentation is essential for proving your case. This includes obtaining a copy of the police report, medical records, and any communication with insurance companies.

Photos of the accident scene, your injuries, and damage to both vehicles are also important. Detailed documentation helps establish a timeline and supports your claims.

Witness Statements

Eyewitness accounts can be invaluable in establishing what happened during the accident. Witnesses can provide unbiased perspectives that support your version of events. It’s important to collect contact information from any witnesses at the scene and follow up with them promptly. Their statements can add credibility and depth to your case.

Filing a Claim and Seeking Compensation

Filing a claim and seeking compensation after an accident with a company truck is a critical process. It involves several steps to ensure you receive the financial recovery you deserve for your injuries and damages.

Understanding each step can help streamline the process and improve your chances of a successful claim.

Reporting the Accident

The first step in filing a claim is reporting the accident to the relevant authorities and your insurance company.

Ensure that you provide all the necessary details, including the location, time, and circumstances of the accident. This initial report sets the foundation for your claim, so it’s important to be thorough and accurate.

Steps to File a Claim and Seek Compensation

Report the Accident
Submit Insurance Claims
Identify Types of Compensation
Document Medical Expenses
Document Property Damage
Claim Lost Wages
Claim Pain and Suffering
Engage in Settlement Negotiations
File a Lawsuit if Necessary
Adhere to the Statute of Limitations

Understanding the process of filing a claim and seeking compensation is essential after being hit by a company truck.

By following these steps and being well-prepared, you can better advocate for your rights and secure the financial recovery you need.

Act Now for the Support You Deserve