Keep in mind that people who drive for a living must maintain their license and insurance in order to continue driving. In other words, they must maintain a clean driving record in order to continue receiving a paycheck. As a result, truck drivers and trucking companies are often less than forthcoming about how an accident occurs.
TRUCK ACCIDENT CHECKLIST AT ACCIDENT SCENEThe following is a list of things "to do" following a truck accident to protect your rights if you are injured. The checklist is applicable in any accident, but it includes information specific to truck accidents:
Try to remain calm. It is traumatic to be injured in a truck accident. Getting agitated will only make things worse. You must protect your health and gather information to protect your rights until the police and paramedics arrive.
Check for any injuries. Examine yourself for any injuries. Large truck accidents are traumatic, unexpected, and unexpected. Following an accident, people are in a state of shock. You may be unaware of the extent of your injuries. Examine any passengers. Check on the people in the other vehicles. If anyone is hurt, they should seek medical attention.
Call 911 if anyone is injured. If anyone is hurt, dial 911. Notify the dispatcher. They will send out cops and paramedics. The accident will be investigated by police. Any injured people will be treated by paramedics. Some cities do not write reports if there are no injuries. If you are in pain, notify the police officer so that an accident report can be written.
Gather information from eyewitnesses. Obtain the names, addresses, and phone numbers of any witnesses. You should not rely on volunteers. Witnesses frequently stop to lend a hand. They believe it is safe to leave when the police arrive. Even if the other driver admits fault, some will later justify their actions. Concerns about insurance rates, as well as discussions with their spouse or friends, may cause them to reconsider. To protect your rights, obtain the contact information of any witnesses.
NOTE: If you are unable to perform any of these steps due to injury, call a friend or family member to come to the scene and assist you.
Only move your vehicle if it poses a hazard to other vehicles. Leave the debris where it is until the police arrive and finish their investigation.
Get ALL identifying information on the driver of the rig (often, the owners of the rig will claim they sold the rig, and have no idea who owns it now, or who is leasing it now - you often have to go back after the driver to get the correct information as they have given the wrong information to the police. You can't go back after the driver if you don't have all their identifying information and how to locate them),
Get all insurance documents - and make sure they match up to the vehicles and trailers, and the driver involved, Texas law requires drivers need to exchange insurance and identification. Regardless of fault, people involved in accidents in Texas are required to exchange identification and automobile liability insurance. Every driver involved is required to do so. Take pictures of everyone's identification and auto insurance documents.
Most people on the scene are helpful in providing information. Once you leave, your ability to gather this information diminishes. Some refuse to provide this information after they have left, making it difficult to get your car repaired and learn who their insurance company is.
Following an accident, drivers are required by law to exchange information with one another. If the officer refuses to release the information at the scene, it should be available later on in the accident report.
Take pictures of the vehicle damage and the accident scene. Take pictures of the vehicles that have been damaged. Include the points of impact as well as the license plates.
Photograph the accident scene. Skid marks and road debris from the accident are photographed. Take a picture of the road to show the lanes and traffic flow. Take pictures of the direction you were going and the direction you were coming from. Take photos of the road in the direction that the other drivers were traveling as well as the direction they were coming from.
Give your statement to the investigating officer. Cooperate with the officer of the law. They will speak with each driver individually. The statements will aid the officer in the preparation of their report. You must ensure that your statement is given in order for it to be included.
If the accident occurs within the city limits of Dallas, the Dallas Police Department will almost certainly conduct an investigation. On occasion, the Dallas County Sheriff's Office investigates accidents that occur within the city. Accidents on Tollways, for example, are sometimes investigated by the Texas Highway Patrol. The following are links to the records departments of agencies that investigate accidents within the city limits of Dallas:
Follow the paramedics' instructions. Go to the emergency room if they think you should. Paramedics are trained to recognize symptoms in patients that indicate a serious or even life-threatening injury.
The emergency room. If you leave the accident scene and then begin to experience pain or discomfort, you should drive yourself or have someone else drive you to the emergency room.
Hire an attorney as soon as possible after leaving the accident scene. Contact our personal injury attorney to deal with the insurance company of the trucking company regarding your injury claim. Insurance adjusters who handle commercial claims are trained to avoid paying claims if at all possible. They have been trained systemically by insurance defense lawyers in asking questions in order to lead you into saying things that they can later twist into language that can be used against you at a later time to deny your claim. They are trained to avoid paying claims - and will do everything they can to avoid paying you on your injury claim.
If you have been injured and require assistance as a result of a collision with an 18-wheeler, contact a truck accident attorney at the Law Office of Doug Goyen, where we will handle truck accident injury claims and get you the compensation you deserve - at (972) 599 4100 for a free initial phone consultation.
By Doug Goyen, douggoyen@goyenlaw.com
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