If you were injured in a truck accident, you may wonder what you should do. Taking the right actions after a Texas crash can help ensure your rights remain protected and give you the best chance of recovering full compensation.
The personal injury lawyers in Houston at D. Miller & Associates, PLLC, can help. Call 713-850-8600 for a free consultation.
What Should I Do at the Scene?
Put your health first. If you cannot safely exit your vehicle, call 911 from inside your car. If traffic stops and you can exit your car:
- Use your smartphone to take pictures of the truck, your vehicle, and the scene;
- Get names and contact information of anyone involved;
- Write down the full names and contact information of any witnesses;
- Take notes about the trucking company, truck number, and other information;
- Be honest when you talk to police, but do not admit any fault to anyone;
- Allow paramedics to evaluate your condition; and
- Take an ambulance to the hospital for treatment, if necessary.
Should I Seek Medical Care?
If you have any questions or concerns about your health, allow first responders to transport you to the hospital. Getting immediate medical care is key to proving your injuries occurred because of the accident.
Once your doctor puts a treatment plan in place, attend all appointments and therapy sessions. By doing everything your doctor recommends, you will not only speed up your recovery, but the trucking company’s legal team cannot claim you made your injuries worse or did not do everything in your power to achieve a full recovery. If the trucking company can show you missed appointments or did not follow your treatment plan, it could reduce your settlement.
If you disagree with your diagnosis or a treatment your doctor recommends, seek a second opinion and have another treatment plan in place before you stop the first.
Do I Need to Collect Evidence About My Crash?
We recommend keeping a file about your case, where you can collect your pictures, information about the truck driver and witnesses, and other evidence you obtained at the scene.
You can also request a copy of the police report and medical records and receipts in this file. Newspaper articles and other information could provide evidence, as well.
As soon as possible, we encourage you to write or record a detailed account of the events before, during, and after the crash. Having this on hand will help jog your memory and help your attorney understand what happened.
What If the Crash Damaged My Vehicle?
The trucking company will be liable for any damage to your vehicle. However, if you allow your car to suffer additional damage, the company is unlikely to pay for it. This means it is important to protect your vehicle from further damage, even if you think the insurance company will total it.
What If the Insurance Company Asks Questions About the Crash?
No matter how nice an insurance adjuster seems, it pays to remember the trucking company, its lawyers, and its insurance company are not on your side. We advise our clients to never speak to an insurance company when they can avoid it. Providing your name, birthdate, and general information should be safe, but do not allow an insurer to ask basic questions about the accident.
We have seen people lose their right to full compensation because they believed the liable party’s insurance company was on their side. If an insurance adjuster calls, tell them your attorney will reach out to them and let us handle the rest.
Do I Need a Lawyer?
Truck accidents are much more complex than a typical car accident because the primary liable party is the trucking company that employs the driver. This means you are not taking on an individual driver, but a large business with a team of lawyers on its side.
These accidents are also more complicated because of regulations requiring trucking companies to track and retain a large amount of data related to rest periods, driving habits, truck maintenance, and other aspects of operations. One of the first things we do is to send a spoliation letter to preserve this evidence and request access to it.
We also fully investigate each accident, identifying all liable parties. In most cases, the trucking company is the primary defendant. We will not back down from a corporation of any size. Our lawyers fight for fair compensation based on the damages you suffered.
If the trucking company refuses to offer a fair payout in your case, we will file a lawsuit. We can settle most trucking accident claims out of court, but we are not afraid to litigate to recover the money you need and deserve.
How Can I Talk to a Texas Truck Accident Lawyer?
If you suffered injuries in a Texas truck accident, the team from D. Miller & Associates, PLLC, can help you understand your rights and pursue compensation. Call us today at 713-850-8600 for your complimentary case review.
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