Traffic accidents involving commercial trucks cause thousands of injuries each year. The size and weight of cargo-hauling trucks leads to catastrophic odds for passengers in smaller vehicles. According to a study published by the National Highway Traffic Safety Administration, 72% of those who lost their lives in commercial truck accidents in 2021 were driving other vehicles.
According to the Department of Transportation, leading contributors to commercial truck accidents include:
- Problems with brakes
- Traffic interruption
- Driver fatigue
- Excessive speed
- External distraction
- Illegal maneuvers
- Inadequate surveillance
- Inattention
- Misjudgment of other vehicle’s speed
- Overweight
If one or more of these factors played a role in an accident you had with a commercial truck, you may have grounds to file a lawsuit against the driver of the truck or their employer.
What to Do Immediately After the Accident
Due to size disparities, collisions between a commercial truck and passenger vehicle are likely to result in serious injuries and significant property damage for the owner of the smaller vehicle. If you end up in this situation because of a trucker’s negligence, it’s imperative that you take certain steps to protect yourself.
Follow these general guidelines surrounding your accident:
- Report the accident immediately: According to Section 3744 of Pennsylvania’s Consolidated Statutes, you are legally required to report a car accident to the police if there is an injury or significant vehicle damage. You technically have five days to do this, but it’s generally a better idea to do it at the scene of the accident, especially in more serious cases.
- Provide only the basic details about the accident: When speaking to police at the scene of a crash, there’s no need to give more information than you’re asked for. You don’t need to share detailed opinions about why the accident happened or who was at fault, as these may work against you later. It’s also best to adopt the same approach with the insurance company later on.
- Seek medical attention: If you don’t receive treatment from paramedics at the scene of your accident, you should see your doctor as soon as possible after the crash. This is important, first and foremost, because there are certain injuries you may have that won’t be immediately obvious, including serious brain injuries. Additionally, if you delay in seeking a medical evaluation, it may negatively affect any claim you decide to file later.
- Obtain a copy of the police report: According to Section 3751 of the Consolidated Statutes, the police department that investigates your crash must make its report on the incident available no more than 15 days after the accident. It should cost $15 or less to get a copy. Keep this on file, as it will serve as crucial evidence later on.
- File your insurance claim: Pennsylvania is what’s known as a “no-fault” state when it comes to motor insurance claims. That means you’ll be able to seek compensation from your own insurance company following an accident, regardless of who was at fault for the crash. In less serious cases, no-fault insurance may cover all costs.
- Consult with an experienced lawyer: It never does any harm to visit a truck accident lawyer for a free initial consultation following an accident. If your insurance company disputes your claim, or your damages exceed the limits of your no-fault policy and you need to take legal action, you’ll need an attorney in your corner.
Dealing With Insurance Companies
Navigating interactions with insurance companies after a commercial truck accident can be daunting and fraught with risks.
When you initially report the accident to your insurance provider, you should:
- Make sure you stick to the policy's deadlines.
- Provide a factual account of the incident, avoiding speculations about fault or liability.
- Gather and organize all relevant documentation, including the police report, medical records, and evidence of property damage, to support your claim.
Insurance adjusters will do whatever they can to minimize the amount the company needs to pay you, so it's advisable to communicate through written correspondence as much as possible, maintaining a record of all interactions. Be cautious when discussing the accident or potential settlements.
An attorney can advocate on your behalf, ensuring that the settlement offer adequately covers your losses and expenses. Remember, you're not obligated to accept the first settlement offer.
Filing a Lawsuit and Seeking Legal Representation
The Pennsylvania Department of Transportation sets out minimum no-fault coverage limits, but these are frequently exceeded in more serious accidents. If this is the case for you, you may need to file suit against the truck driver or their employer to recover all the damages you need.
Insurance companies that insure commercial trucks have teams of investigators and defense attorneys ready to respond to any accident to protect their interests. Before the authorities have even left the scene of accident, the trucking company and their insurance carrier are ready to fight. Therefore, you should be looking for an experienced truck accident attorney to help build your claim.
The Cochran Firm in Philadelphia Is Here to Help
If you or a loved one has been injured in an accident involving a commercial truck, you may be entitled to compensation. At The Cochran Firm Philadelphia, we will evaluate your claim at no charge during our initial consultation. We won’t impose any obligation to pursue the case from there.
Call us on 800-969-4400 or fill out the form on our website to get in touch.
