Dealing with Truck Accident Injuries: From Collision to Compensation - HHJ Trial Attorneys
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How to Handle Personal Injuries From Truck Accidents

Truck accident
Founding partner of HHJ Trial Attorneys Elliott Jung black and white portrait

Gerry Spence Trial Lawyers College

Adam copy

University of California, Berkeley

Updated: August 5, 2024

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Truck accident
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Truck accidents can bring your life to a complete stop, often resulting in severe injuries, extensive property damage, and sometimes lifelong trauma. If you’ve been involved in a truck accident, it’s crucial to understand the next steps and what you can do to protect your rights.

This blog walks you through the crucial dos and don’ts after a collision with a truck, explains the compensation process, and outlines the role of a truck accident lawyer in the aftermath of a truck accident. By arming yourself with this knowledge, you will be better prepared to secure the compensation you deserve.

The Difference Between Truck and Car Accidents

The grim reality of truck accidents is that the injuries they can cause are horrific, and the damage is usually severe. Trucks are much larger and heavier than the average vehicle, and they often carry dangerous cargo or hazardous chemicals that make a truck accident much more dangerous than the typical accident between two cars.

Truck accidents are much more likely to result in fatalities, and if a truck driver doesn’t follow the road rules, the consequences can be devastating. The most common cause of truck accidents is negligence, which can include distracted driving, driving while fatigued, driving under the influence, speeding, and failing to obey traffic signs.

Dos and Don’ts After a Truck Accident

Do

  • Ensure your safety. The first and most crucial step is to determine the severity of your injuries. If there is significant blood loss or you are unable to move, you must call an ambulance and get to a hospital immediately.
  • Call the police. If you can, you must contact law enforcement and tell them what has happened so they can create a report.
  • Document the accident. While you wait for the police, and you are able, you must collect evidence of the accident, including photos of the scene, the damage to the vehicles, your injuries, damage to personal property, the driver’s contact information, and phone numbers for witnesses.
  • Contact your insurance. Inform your provider of the incident, but do not discuss liability or settlement until you have spoken to an attorney. You have the right to refuse further discussion without your lawyer.
  • Hire a lawyer. Contact a law firm as soon as possible. An experienced lawyer is invaluable to building a solid case and attaining your deserved compensation.

Don’t

  • Don’t leave the scene. Unless you have been seriously injured and removed by EMTs, it’s important not to leave the scene until police arrive. Leaving may be misconstrued as a hit-and-run, automatically making you look guilty.
  • Don’t delay seeing a doctor. Even if your injuries don’t seem serious, you must be examined by a doctor for health and legal reasons. A report from your physician can be used as crucial evidence of your injuries in the accident claim.
  • Don’t post on social media. Anything posted online can be used as evidence, so it is vital not to create any posts discussing the accident – anything can be used against you.
  • Don’t accept liability. You are in no way obligated to assume responsibility after an accident. You must not make any statements or discuss the accident with the truck driver or witnesses. Their statements can be used against you to prove your guilt.
  • Don’t accept any offers. Do not sign anything or verbally agree to any settlement offer until you have spoken to an attorney. Your attorney will handle any settlement discussions once they have evaluated your case.

Why You Should Seek Compensation

You have the right to seek compensation for your injuries and any financial damages caused by the accident. You also have the right to legal representation and refuse quick settlements. It’s vital to understand that you do not have to rush to make things easier for the trucking company or the driver, and you are strongly encouraged to build a case and seek damages. You can claim for the following:

Economic Damages

  • Hospital bills
  • Doctors’ visits
  • Specialist treatment
  • Medication
  • Long-term care
  • Lost wages
  • Lost future earnings
  • Property damages
  • Funeral expenses

Non-Economic Damages

  • Disability
  • Disfigurement
  • Reduced quality of life
  • Loss of companionship
  • Emotional suffering
  • Mental anguish, including PTSD, anxiety, depression, etc.

The Process of Seeking Compensation

Seeking compensation for a truck accident can be complicated. Commercial trucking companies will try to settle claims as quickly as possible or shift the blame to the injured party to avoid taking responsibility or gaining public attention.

Dealing With Insurance Providers

Unfortunately, many insurance providers are more interested in saving money than helping an injured driver. For this reason, knowing your rights is vital, and you should not let insurance companies take advantage of you. Document all your interactions, including text messages, emails, and phone calls. You may also have your lawyer handle these interactions to protect your rights and navigate any bad-faith practices.

The Importance of Working With a Lawyer

You may face insurance providers using underhanded tactics to convince you to accept a lower settlement. There may be substantial evidence that requires collection, and several insurance providers may do investigations. You will need to deal with several insurance companies: your own, the driver’s, the trucking company’s, the manufacturer’s, and every other party involved.

Trucking companies can also have multiple policies to protect their financial interests, each with complex details. Some of these policies include commercial liability insurance, which covers damage caused by negligence; cargo insurance, which pays for damage to the items in the truck; and personal injury protection, which covers the medical costs of injured parties in the accident.

While your lawyer and the liable party’s insurance will try to settle out of court, the case may necessitate arguing before a judge. Your lawyer may recommend a trial if the other party doesn’t offer a fair settlement to cover your economic and non-economic damages.

They may also try to delay settling, forcing you to sue the liable party for the necessary compensation. Having a lawyer to guide you through the legal process after a truck accident can simplify the process, allowing you to recover without the stress of dealing with insurance adjusters and haggling for the money you need and deserve.

Protecting Your Rights and Recovery After a Truck Accident

Navigating the legal process following a truck accident can be overwhelming, especially if you are dealing with the physical and mental trauma of severe injuries, property damage, and income loss. The road to recovery may be long, but enlisting an attorney will protect your legal and financial interests, and you will receive the compensation you deserve for your injuries.

professional attorney and founding partner of HHJ Elliott Jung
Elliot H. Jung

Gerry Spence Trial Lawyers College

Elliot H. Jung is a trial attorney at HHJ Trial Attorneys who focuses on helping injured clients navigate complex personal injury cases. With an emphasis on advocacy, case strategy, and client support, he works to secure fair outcomes for people facing medical bills, lost wages, and other accident-related losses. His approach combines legal experience with a commitment to clear communication and effective representation.

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