What Happens After an Accident with a Commercial Vehicle?
Accidents involving commercial vehicles, such as semi-trucks, delivery vans, and company-owned cars, can be more complex than typical car accidents. Commercial vehicle crashes often result in more severe injuries due to the size and weight of the vehicles involved. Additionally, determining liability can be challenging, as multiple parties may share responsibility.
1. Seek Immediate Medical Attention
The first and most important step after an accident with a commercial vehicle is to seek medical attention. Even if you feel fine, some injuries, such as whiplash, internal bleeding, or concussions, may not be immediately apparent. Getting a medical evaluation creates a record of your injuries, which will be crucial if you need to file a truck accident claim later.
2. Reporting the Accident to Law Enforcement
After ensuring your safety, call the police and report the accident. Law enforcement officers will assess the scene, gather witness statements, and file an official accident report. This report serves as valuable evidence in determining fault and liability.
When speaking to the police, provide factual information but avoid speculating about fault. Anything you say could later be used against you in an insurance claim or lawsuit.
3. Collecting Evidence at the Scene
If possible, gather evidence at the scene, as this can be critical for building your case. Useful evidence includes:
- Photographs: Take pictures of vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries.
- Witness Contact Information: Eyewitnesses can provide crucial statements about how the accident occurred.
- Driver and Company Information: Obtain the commercial driver’s name, employer, contact details, and insurance information.
- License Plate and Vehicle Details: Note the make, model, and license plate number of the commercial vehicle.
4. Determining Liability in a Commercial Vehicle Accident
Unlike other car accidents, liability in commercial vehicle crashes can involve multiple parties. For example:
The Driver
If the commercial driver was negligent (e.g., speeding, distracted driving, or fatigued), they may be held personally responsible.
The Employer or Trucking Company
Companies can be liable under vicarious liability laws if their driver was working within their employment duties at the time of the accident. Employers may also be responsible for negligent hiring, training, or failing to maintain their vehicles.
The Vehicle Manufacturer
If a mechanical failure caused the accident, such as defective brakes or tires, the manufacturer might be liable.
A Third-Party Maintenance Company
If an outside company was responsible for maintaining the vehicle but failed to make necessary repairs, they could be held accountable.
5. Dealing with Insurance Companies
After an accident with a commercial vehicle, you will likely have to deal with multiple insurance companies, including the driver’s personal insurance, the company’s commercial insurance, and potentially third-party insurers.
Commercial vehicle insurance policies often have higher coverage limits, which means larger settlements may be available. However, insurers will try to minimize their payouts, so it is crucial to have legal representation to negotiate on your behalf.
6. Filing an Accident Claim
If you were injured in the accident, you might be entitled to compensation for:
- Medical Expenses: Hospital bills, surgeries, physical therapy, and ongoing medical treatment.
- Lost Wages: Compensation for time missed at work due to your injuries.
- Pain and Suffering: Compensation for emotional distress and long-term pain.
- Property Damage: Repair or replacement costs for your vehicle.
If the insurance company offers a low settlement, or if liability is disputed, you may need to file a personal injury lawsuit to recover full compensation.
How Long Do I Have to File a Claim?
In Texas, the statute of limitations for filing a personal injury claim after a commercial vehicle accident is two years from the date of the crash. If you fail to file within this timeframe, you may lose your right to compensation.