Qué hacer después de un accidente de camión

  • 2 de febrero de 2024
  • Blog

Truck accidents, especially those involving 18-wheelers and tractor-trailers, can be catastrophic. The size and weight of these vehicles make collisions particularly dangerous. Drivers and passengers in smaller vehicles often sustain severe injuries, extensive property damage, and even fatalities.

You need to know what to do after a truck accident to protect your health, preserve your legal rights, and ensure you receive the compensation you deserve.

Read on to learn more about the steps to take following a truck accident. If you suffered injuries or losses in a commercial truck crash someone else caused, reach out to an experienced abogado de accidentes de camiones near you for a free consultation. They can review your claim, advise on the best course of action, and represent you throughout the process to improve your chances of obtaining maximum compensation.

Immediate steps to take after a truck accident   Qué hacer después de un accidente de camión

The moments following a large truck or 18-wheeler accident are typically hectic and chaotic. However, you need to take the right steps to ensure your safety and medical well-being, as well as to protect your legal claim. Here’s what you need to do:

1. Prioritize safety

Your first priority is safety—both for yourself and others involved. If possible:

  • Move your vehicle to a safe location, away from traffic, without leaving the scene.
  • Turn on hazard lights to alert other drivers.
  • Check yourself and passengers for injuries.
  • If safe, check on others involved, including the truck driver.

2. Call 911 and report the accident

Even if injuries seem minor, always call law enforcement and emergency responders. In most states, reporting an accident is required if:

  • Anyone is injured.
  • There is significant vehicle damage.
  • There is a fatality.

A police report will be an important piece of evidence when filing an insurance claim or lawsuit. Officers will document the scene, interview witnesses, and determine potential violations of traffic laws. They may also offer a professional opinion on what caused the crash.

3. Gather evidence at the scene

If your condition allows, collect as much evidence at the accident scene as possible:

  • Take photos & videos: Capture the accident scene, vehicle damage, skid marks, traffic signals, and any visible injuries.
  • Exchange information: Get the truck driver’s name, contact details, insurance provider, and trucking company name.
  • Speak to witnesses: If bystanders saw the crash, ask for their contact information. Their testimony may help support your claim.
  • Document important details: Write down the date, time, location, and weather conditions at the time of the accident.

4. Avoid admitting fault or speculating on the cause

Even a simple apology can be used against you in an insurance claim. When speaking to police, other drivers, or witnesses:

  • Stick to facts only.
  • Do not admit falla or make speculative statements.
  • Do not discuss injuries in detail at the scene—you may not yet know the full extent of them.

5. Seek medical attention immediately

Even if you feel fine, see a doctor as soon as possible. Some serious injuries, such as concussions or internal bleeding, may not be immediately apparent. Prompt medical treatment also helps document your injuries for your legal claim.

6. Notify your insurance company

Report the accident to your insurance provider but do not provide a recorded statement until you’ve consulted with a truck accident attorney. Insurance companies may try to minimize your claim, so you need to have legal guidance from the start.

7. Contact a truck accident lawyer

Truck accident cases are complex and often involve multiple liable parties. An experienced tractor-trailer lawyer can help investigate the crash, gather evidence, and negotiate with insurance companies to maximize your compensation.

Seeking medical attention after a truck accident   abogado de remolque

You must seek medical care following a truck accident—even if you feel fine at the scene. Some injuries may not be immediately visible but can worsen over time. Getting prompt medical care protects both your health and your legal claim because it links your injuries directly to the crash.

Even if you don’t feel pain right away, you may have sustained serious injuries that require urgent care. Some of the most common truck accident injuries include:

  • Traumatic brain injuries (TBI): Concussions and brain trauma may not show symptoms until hours or days later.
  • Whiplash and neck injuries: Soft tissue damage can cause long-term pain and mobility issues.
  • Internal bleeding: Organ damage and internal bleeding are life-threatening if left untreated.
  • Spinal cord injuries: Damage to the spine can lead to paralysis or chronic pain.
  • Broken bones and fractures: Some fractures are not immediately painful but require medical imaging to diagnose.

By seeking medical treatment as soon as possible, you ensure that hidden injuries are detected early, preventing complications.

What to do if you don’t feel injured right away

Adrenaline and shock can mask pain after an accident. It’s common for symptoms to appear hours or even days later. If you experience headaches, dizziness, back pain, or numbness, seek medical attention immediately.

Even if you feel fine:

  • Visit an emergency room, urgent care, or your primary care doctor as soon as possible.
  • Follow all medical advice and prescribed treatments to support your recovery.
  • Keep detailed records of medical visits, tests, and treatments for your legal case.

Long-term medical care and recovery

Truck accidents often result in injuries that require ongoing treatment. Your recovery may involve:

  • Physical therapy and rehabilitation for mobility and pain management.
  • Surgery or specialized treatments for severe injuries.
  • Mental health support for emotional trauma, including PTSD, anxiety, or depression.

Missing medical appointments or discontinuing treatment can hurt your personal injury claim, as insurers may argue that your injuries are not serious.

Medical records and their role in your case

Your medical records serve as critical evidence in your personal injury case. Be sure to document:

  • Emergency room visits and hospital stays
  • Doctor’s notes and medical evaluations
  • Prescriptions and treatment plans
  • Rehabilitation or therapy sessions
  • Out-of-pocket medical expenses

These records help prove the extent of your injuries and justify compensation for facturas médicas, lost wages, and pain and suffering.

Filing an insurance claim after a truck accident

Knowing the right steps to take can help protect your right to compensation and prevent insurers from undervaluing your claim.

Report the accident to your insurance company

Even if you were not at fault, you should notify your insurance provider as soon as possible. Many accident victims assume they only need to deal with the at-fault party’s insurer, but your policy may include coverage options like:

  • Medical payments coverage (MedPay): Covers immediate medical expenses.
  • Uninsured/underinsured motorist (UM/UIM) coverage: Helps if the at-fault driver lacks adequate insurance.
  • Collision coverage: Pays for vehicle repairs regardless of fault.

Dealing with the trucking company’s insurance

Unlike standard auto accidents, truck accident claims often involve corporate insurers that represent trucking companies and their drivers. These insurers are highly experienced in reducing payouts and may attempt to:

  • Offer a quick, lowball settlement before you know the full extent of your injuries.
  • Ask for a declaración grabada to use against you later.
  • Delay or deny claims in hopes that you will settle for less.

Before speaking with the trucking company’s insurer, consult a truck accident lawyer to protect your claim.

Understanding the complexity of truck accident insurance claims

One of the biggest challenges in truck accident claims is determining who is liable. Depending on the cause of the accident, multiple parties may be responsible, such as:

  • The truck driver (if they were speeding, fatigued, or driving under the influence).
  • The trucking company (if they failed to maintain the vehicle or forced the driver to violate hours-of-service laws).
  • The cargo loading company (if improperly secured cargo caused the crash).
  • The truck manufacturer (if a mechanical defect contributed to the accident).

A truck accident attorney can conduct an in-depth investigation to identify all responsible parties, ensuring that you receive maximum compensation.

Calculating the full value of your claim

Insurance companies often try to minimize payouts by undervaluing your damages. A truck accident claim may include:

  • Medical expenses (emergency care, surgery, rehabilitation, long-term treatment).
  • Lost wages (missed work due to injuries).
  • Pain and suffering (physical and emotional trauma).
  • Property damage (vehicle repairs or replacement).
  • Future medical costs (for ongoing treatment or permanent disability).

Proving negligence requires a thorough investigation, and trucking companies often have legal teams working to minimize their liability. An experienced truck accident attorney can help ensure that your claim reflects the full extent of your losses.

Consideraciones legales después de un accidente de camión

Truck accident cases differ from standard motor vehicle accidents in several ways. Truck accident cases often involve multiple liable parties, complex state and federal regulations, and strict deadlines. As such, you must have an attorney with extensive experience handling commercial truck claims to improve your chances of a successful outcome.

Estatutos de limitaciones

Each state imposes a time limit on how long injured parties have to file a personal injury lawsuit. In Virginia, for instance, you typically have dos años from the date of the crash to file. Certain exceptions can apply that extend the deadline, but you need to consult a lawyer for your case.

Wrongful death claims resulting from truck crashes also have a two-year deadline.

Exceptions for claims against government-owned trucks

If the truck involved in your accident was owned or operated by a government entity, different legal rules apply.

  • Shorter deadlines: Claims against local, state, or federal government agencies often have much shorter filing deadlines than standard personal injury cases.
  • Notifying the government: In Virginia, if you are filing a claim against a state or local government entity, you must provide written notice within one year of the accident.
  • Federal truck accidents: If a federally owned truck (such as a USPS or military vehicle) is involved, you may need to follow the Federal Tort Claims Act (FTCA), which has unique procedures and deadlines.

Failing to meet any of these deadlines can result in losing your right to pursue compensation. You must speak with a lawyer as soon as possible to ensure you don’t lose your right to recover damages.

The long-term impact of a truck accident

Truck accidents can have lasting physical, emotional, and financial effects. Understanding these challenges can help you prepare for the road ahead.

Emotional recovery

Many accident victims experience post-traumatic stress disorder (PTSD), anxiety, or depression following a severe crash. Seeking counseling or therapy can be a vital step in your recovery.

Consecuencias financieras

A serious 18-wheeler accident can leave victims facing:

  • Skyrocketing medical bills
  • Lost income due to time off work
  • Permanent disabilities affecting future earnings

A personal injury claim can help you recover compensation to cover these costs. However, you must work with a knowledgeable truck accident lawyer to maximize your settlement.

Why you need a lawyer to handle your insurance claim

Insurance companies have teams of adjusters and attorneys working to protect their profits. Without legal representation, accident victims often receive far less compensation than they deserve. A truck accident lawyer can:

  • Handle all communication and negotiations with insurers.
  • Collect evidence, medical records, and expert testimony to strengthen your claim.
  • Ensure you receive a fair settlement that covers current and future expenses.
  • Take your case to court if the insurer refuses to offer a reasonable settlement.

At Allen & Allen, we fight to protect truck accident victims from unfair insurance tactics. We work on a contingency fee basis, meaning you pay nothing unless we win your case.

Contact our truck accident attorneys today

If you or a loved one has been injured in a truck or tractor-trailer accident, the legal team at Allen & Allen is here to help.

Our experienced Virginia truck accident lawyers have a proven track record of success in securing compensation for victims of serious crashes. We understand the complexities of trucking laws and will fight to protect your rights. We offer:

  • Decades of experience handling truck accident claims
  • Proven results in securing maximum compensation
  • No upfront fees – we only get paid if we win your case
  • Personalized legal representation tailored to your needs

Don’t face this battle alone. Call us today at 866-388-1307 for a free consultation or fill out our online Formulario de contacto to get started.  We’re ready to make your fight our fight and help you get the justice you deserve.