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Truck accidents often result in severe injuries, significant property damage, and complex legal issues. Due to the size and weight of commercial trucks, these accidents can cause life-changing harm. However, the immediate actions taken after a truck accident by the victim and their lawyer can significantly affect the outcome of a claim.
The moments and days following a truck accident are critical. A skilled truck accident lawyer can take several actions right away to preserve evidence, establish liability, and protect your right to compensation. Here are the key steps your lawyer should take to maximize the benefits of your claim.
1. Investigate the Accident Scene Immediately
Evidence from the accident site is crucial to your case. A skilled lawyer will prioritize gathering this evidence before it is lost or altered. Some key actions include:
- Taking photographs of the scene, including the vehicles involved, skid marks, debris, and any road conditions that may have contributed to the accident.
- Obtaining video footage from nearby traffic cameras, dashcams, or security cameras from businesses near the crash site.
- Documenting weather conditions at the time of the crash, as rain, fog, or icy conditions, may have played a role.
This evidence can be crucial in determining the cause of the accident and who is at fault, whether it’s the truck driver, the trucking company, or another party.
2. Preserve and Analyze the Truck’s Data
Commercial trucks are equipped with onboard technology that can provide vital information about the accident. Your lawyer should act quickly to secure the following data:
- Black box data: Similar to an airplane’s black box, the truck’s event data recorder (EDR) records crucial information like speed, braking patterns, and throttle position leading up to and during the crash.
- Logbook and driving records: Federal law mandates that truck drivers keep detailed logs of their driving hours, rest breaks, and maintenance schedules. These records can reveal whether the driver violated regulations, such as exceeding driving hours or failing to inspect the vehicle.
Without immediate action, this data can be overwritten or deleted, potentially weakening your case. A talented personal injury lawyer will take the necessary steps to preserve this information as soon as possible.
3. Identify and Interview Witnesses
Witnesses can play a pivotal role in your truck accident claim. Your lawyer should identify potential witnesses—whether drivers, pedestrians, or bystanders—immediately and take their statements. Important aspects include:
- Eyewitness testimony: Those who saw the accident or its aftermath can provide valuable insight into what happened.
- Expert testimony: In some cases, an accident reconstructionist may be needed to recreate the events leading up to the crash and explain how the truck driver’s actions or road conditions contributed to the accident.
Having witness statements and expert testimony early in the process can help establish the facts and strengthen your claim.
4. Notify Insurance Companies and the Trucking Company
After a truck accident, timely notification to both the trucking company’s insurer and your own insurer is essential. A lawyer will:
- Report the accident: They will notify the trucking company’s insurance provider of the incident to prevent them from disputing the claim or trying to minimize the damages.
- Handle communications with insurers: Insurance companies are often quick to offer settlements, but these initial offers may be insufficient. A lawyer ensures that your rights are protected and that you’re not pressured into accepting a low-ball settlement.
Your lawyer’s prompt action helps you avoid common pitfalls, such as statements or actions that might inadvertently harm your case.
5. Protect You from Potential Liability Issues
Truck accident claims often involve multiple parties, including the truck driver, the trucking company, vehicle manufacturers, and others. One of the first tasks your lawyer should handle is:
- Investigating potential liability: They will identify all parties who may be responsible for the crash, whether it’s the driver’s negligence, the trucking company’s failure to maintain the vehicle, or a defect in the truck itself.
- Preserving your rights: The trucking company may attempt to shift blame or downplay its responsibility—quickly to protect your rights. Lawyers must be proactive in ensuring that you are not wrongly blamed for the accident or pressured into admitting fault.
6. Begin Collecting and Organizing Medical Evidence
In truck accident cases, injuries are often severe, and the medical expenses can be substantial. Your lawyer should start gathering medical records and organizing evidence related to your injuries as soon as possible. This includes:
- Medical bills and reports: These documents provide the basis for your claim for medical expenses, lost wages, and other damages.
- Treatment plans and future medical needs: If you require ongoing treatment or rehabilitation, your lawyer will work with medical experts to estimate the long-term costs of your recovery.
A solid understanding of your medical condition is critical for negotiating a fair settlement that covers all of your needs.
Talk to a Maryland Truck Accident Lawyer
The days immediately following a truck accident are critical to the success of your claim. An experienced truck accident lawyer will take immediate, strategic actions to preserve evidence, investigate the cause of the crash, and ensure that your rights are protected. These steps increase your chances of obtaining fair compensation for your injuries and damages.
If you or a loved one has been involved in a truck accident, don’t wait to get legal help. A skilled lawyer will work quickly and efficiently to protect your interests. Contact us today for a free consultation.