What Do I Do After A Truck Accident?

Written by Funk & Associates Personal Injury Lawyers, reviewed by Yanni Funk

Big trucks drive business in Texas. But while on I-35 and other roads around Austin and Central Texas, they have to adhere to the responsibilities of safe driving. 

If they don’t stay focused on the road and comply with regulations and safety guidelines, the rest of us sharing those roads risk serious injury or even death.

If you’ve been involved in an 18-wheeler accident due to negligence on the part of a truck driver or the trucking company they work for, your life can be changed forever. If you’ve been injured in a tractor-trailer accident, you need to speak with an experienced 18 wheeler accident attorney as soon as possible. We can help you here at Funk and Associates.

In the meantime, let’s take a look at how unsafe semi-truck operation puts Texans in danger.

How 18-Wheeler Driving Can Endanger Passenger Cars

Large truck drivers cover more miles than those of us driving “regular” passenger vehicles. They also do most of their driving on Interstate Highways..  

According to Insurance Institute for Highway Safety data from 2021, there were 4,714 fatalities in crashes involving large trucks nationwide. Of these, 16 percent were truck occupants, 68 percent were in passenger vehicles, and 15 percent were pedestrians, bicyclists, or motorcyclists. 

Understanding these statistics provides valuable insights into the safety dynamics of large trucks on the road.

Check out our article, I-35 Expansion Hits Austin—Are Drivers Ready To Share The Road With More 18-Wheelers?

Unsafe Behavior That Causes Big Truck Crashes

After practicing law in Austin for more than 20 years, I’ve found the most common risky truck driver behaviors include:

Driving too fast for the road conditions

Many truckers travel faster than the speed limit to make deliveries on time. However, the risk of a crash is even greater when truck drivers are driving too fast for weather or road conditions, such as during rain, in heavy fog, on uneven roads, in construction zones, around curves, on gravel roads, or while turning at a dangerous intersection. 

Trucks that speed can cause serious accidents if they are unable to stop in time to avoid an accident. Additionally, these accidents are more likely to cause serious injury due to the faster motion caused by the increased speed. 

Many states have a lower speed limit than that for passenger vehicles. Texas abolished truck speed restrictions in 2011. The state’s speed limits are designed for optimal road and weather conditions. If you see a truck driver going faster than is safe under the conditions, report it, or get the heck out of the way. 

Taking an unfamiliar route

Commercial vehicle drivers will often have to travel to destinations they’ve never seen before and may not be familiar with the roads. If the route is not carefully planned ahead of time, truckers may attempt to read a map, access a GPS, or call for directions while driving, leading to distracted driving crashes.  

Making unsafe lane changes

Commercial trucks are big and heavy. They often have larger blind spots due to the increased size and length of the vehicle. It is important that the truck driver shows other motorists his or her intent by signaling before any lane changes. 

Truck drivers who are swerving in and out of lanes at high speeds and without signaling can cause a serious accident. This could be caused due to impaired, distracted or reckless driving.

Failing to see a hazard

Crash investigators will often use the term “inadequate surveillance” to describe accidents caused by failure to notice a hazard in the road. This could include a trucker failing to look before completing a maneuver (such as not checking for pedestrians) or looking but not seeing the hazard (such as misjudging the distance between himself and oncoming traffic).

If a truck driver sees a hazard that could lead to an accident, he is required to take all possible evasive action to avoid or mitigate the crash. A driver who fails to apply the brakes or steer away from the obstacle or other drivers may be held liable for negligence.

Not following traffic signals or signs

Truck drivers who disregard traffic signals or signs by running red lights, ignoring stop signs, or failing to yield the right of way to other vehicles can collide with law-abiding drivers and cause serious injuries or even death. It is crucial for all drivers, including truckers, to adhere to traffic rules and signage. 

Tailgating other drivers

Following another vehicle too closely may not cause an accident, but it increases the chances that you will be involved in a crash if something happens ahead of you in traffic. Due to the weight of semi drivers’ trucks, the distance needed to stop safely or avoid an accident is much greater than in a passenger car. Failure to maintain a proper following distance can be dangerous—even fatal—for other drivers immediately in front of the truck.

Driving while tired

Driving while drowsy or overworked can impair judgment and reaction times. Truckers are required to take breaks and rest when needed, but sometimes they work long shifts and their driving behavior can become dangerous as a result.

Missing or not using headlights and other lights

Commercial vehicles have extra lights on them so that other motorists can clearly see them. Drivers who do have missing headlights, brake lights or turn signals could be driving an ill-maintained vehicle. If they choose not to use these lights, other motorists may not be able to see them or avoid an accident with them.

Improperly securing cargo and other equipment

An big semi truck may have unsecured components that could cause cargo to fall or motorists to be harmed by them. Examples include the truck’s doors, tailgate, tarps, spare tires or other equipment.

Trucks must be also carefully loaded in order to avoid having cargo fall off the back of the truck or the weight not being distributed evenly, which can result in a commercial truck jackknifing or rolling over. Cargo should be secured properly so that it does not fall from the vehicle, fall through the vehicle or blow off of it. 

Some commercial trucks carry hazardous materials that can cause hazards on the roadway. If you see a leak or spill coming from the truck, it is important to report it so that an accident does not occur and it can quickly be cleaned up. Truck drivers often cannot see their cargo and may not notice if it has shifted to such an extent that the vehicle’s stability or maneuverability is adversely affected. If possible, try to get the driver’s attention and notify him or her of this danger.

What to do if You Have Been Injured In a Big Truck Accident

I have been helping Austin-area truck accident victims for decades, and here’s what I’ve learned:

If you find yourself in a truck accident, it’s natural to feel scared and confused. Knowing what steps to take in the moments right after the incident is crucial for your financial recovery from any losses you might have suffered.

Stop at the Accident Scene

First, stop your vehicle on the side of the road at the accident scene or move it to the nearest safe location if at all possible. Otherwise, leave it where it was when the accident occurred.  Stay at the scene until the authorities and medical help arrive.

Call 911

Next, call 911 immediately. Truck accidents can lead to serious injuries, so reporting the incident and requesting emergency medical assistance for yourself, the truck driver, or any passengers is essential. 

Take a moment to check on all the vehicles involved and look out for pedestrians or others who may have been hurt. Your quick response can make a significant impact on everyone’s safety and well-being.

Exchange Information

Exchange information with the driver of the 18-wheeler. Be sure to get the following details:

• The driver’s name, phone number and address
• CDL license number
• License plate number
• S. DOT number
• MC number (Motor Carrier number) 
• VIN
• Insurance carrier and policy number

Document the Scene

If you can, try to document the scene of the accident before first responders clean up the accident scene, at which point the evidence will be gone. Use your phone to take pictures, paying special attention to:

• Damage to your vehicle
• Any other property damage
• The intersection or notable landmarks
• Debris such as large pieces of tire tread that may be in the roadway
• Skid marks
• Different angles of the scene
• Your injuries and those of your passengers if any. 

In addition to the immediate steps after a truck accident, it’s a good idea to document your injuries over time. Take pictures as they progress; this visual record can be valuable when showing a claims adjuster or jury how the accident has affected you.

As soon as possible, write down or make an audio recording of your memories related to the accident while the details are fresh in your mind. You should also video record the accident scene or make audio recordings of the at fault driver admitting fault. These records can significantly help your personal injury lawyer illustrate how the accident unfolded and its aftermath, even well after the incident.

If you’re unable to do these tasks due to injury, consider asking a passenger or someone else to assist you. This proactive approach can strengthen your case and provide a clearer picture of the impact of the accident.

Look for Witnesses

Look for any impartial witnesses who might have seen the accident. Make sure the authorities speak to them. When approaching witnesses, politely ask for their names and contact information. This can be crucial if your personal injury lawyer needs to get in touch with them later on. Gathering this information promptly can help in building a stronger case.

Watch What You Say

Be cautious about apologizing or making statements regarding the 18-wheeler accident, especially if you believe you might have been partially at fault. Don’t say “I’m sorry” or speculate on how the accident occurred. Since you may not be aware of all the factors involved, it’s crucial not to admit responsibility.  They may be also recording you, so watch out with everything you say and the way you act.  

Avoid giving any recorded statements to the insurance company until you’ve sought legal assistance. Taking these precautions can help protect your legal interests and ensure that you handle the situation appropriately.

Get Medical Treatment Quickly

If you don’t seek emergency medical treatment immediately after the accident but begin experiencing symptoms afterward, it’s important to seek medical attention as soon as possible. If you don’t have insurance or are worried about copayments, call us and we can help you find a doctor who will see you.

Tell your doctor you were in an 18-wheeler accident and explain your symptoms thoroughly. Following all of your doctor’s instructions is crucial. By promptly addressing any post-accident symptoms and following medical guidance, you can help ensure both your health and the strength of your claim for any potential compensation.

Have a Personal Injury Lawyer Investigate Your Truck Accident Claim

Dealing with 18-wheeler personal injury claims can be complicated. The big trucking companies have professional teams of lawyers and insurance company representatives on their side.

You may encounter challenges such as claim denials or lowball settlement offers. But remember: insurance companies simply want to minimize the value of claims in their own interest.

Engaging a personal injury lawyer can be invaluable in navigating these complexities. A lawyer can talk to the insurance company so you don’t have to. We can negotiate for a fair settlement, and secure crucial evidence to support your claim, such as data from the truck’s black box. They may also issue spoliation of evidence demands to ensure the preservation of damaged property.

Your personal injury lawyer can thoroughly investigate the cause of the accident and assess your legal options. For assistance with every aspect of your claim, including establishing liability and negotiating fair compensation, reach out to Funk and Associates for a free consultation to discuss your case and understand your rights.

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