You’ve been driving your truck for eight years without an accident. Then, out of nowhere last December, another vehicle sideswipes you, causing $15,000 in damage to your tractor. Your specialized equipment is now out of commission, and you’re facing two weeks of downtime.
What do you do?
The truth is, protecting yourself and your trucking business starts before an accident ever happens. By preparing in advance and knowing what the legal steps of a truck accident claim are, you can improve your chances of recovering damages quickly and fairly.
Before the Accident: Preparation is Key
A little preparation can go a long way in safeguarding your trucking business:
- Insurance Matters: Make sure you have comprehensive insurance coverage from a reputable provider. Keep a copy of your insurance card in your vehicle at all times.
- Invest in a Camera: A dashcam or a smartphone with a good camera can be invaluable. In the event of an accident, visual evidence can help prove what happened.
At the Scene: Immediate Actions
If an accident occurs, taking the right steps at the scene is crucial to protecting your claim.
1. Check for Injuries and Call for Help
- First and foremost, ensure everyone is safe. Call 911 if there are injuries.
2. Document the Scene Thoroughly
- Take as many pictures as possible of:
- The damage to your truck and any other vehicles involved.
- The accident scene, including skid marks, traffic signs, guardrails, or any obstructions.
- Weather conditions (rain, snow, sun glare) that may have contributed to the accident.
3. Gather Witness Information
- Get names, home and cell numbers, email addresses, and physical addresses of any witnesses.
- Ask them:
- Where were they when the accident happened?
- What did they see?
- Who do they believe was at fault?
- Take notes or record their statements if possible.
4. Speak to Law Enforcement
- Get the officer’s name, badge number, and department contact information.
- Clearly and concisely explain what happened. It can be helpful to write down the details before speaking to the officer.
- Ask about citations: Who is getting a ticket, and for what reason? Citations can impact your ability to claim damages.
5. Collect Information from Other Drivers
- Obtain their contact details, including phone numbers and email addresses.
- Ask for their insurance information—double-check that the card is valid.
- If possible, call their insurance company at the scene to verify coverage.
- Do not admit fault. Keep your conversation neutral and focus on gathering information.
6. Record Your Own Statement
- Use a voice recording app or a tape recorder to document your version of events while they’re fresh in your mind.
After the Accident: Taking the Right Steps
Once you leave the scene, it’s time to ensure you receive fair compensation for your damages and losses by following the legal steps of a truck accident claim.
1. File a Claim
- Contact the at-fault driver’s insurance company as soon as possible.
- Have a copy of the police report and any other relevant documents when you call.
2. Work with the Insurance Adjuster
- Once you file a claim, an adjuster will be assigned to investigate.
- Be proactive—don’t wait too long for them to call you back.
- The insurance company is looking out for their insured, not you. Stay persistent.
3. Proving Your Damages and Downtime Losses
- If the insurance company admits fault, the next step is determining how much they owe you.
- Research and organize your claims, including:
- Property damage
- Bodily injury
- Downtime losses
4. If They Deny Liability
- If the insurer refuses to pay, you have two main options:
- File a claim with your own insurance (if your policy covers it).
- Pursue legal action against the at-fault driver and/or their insurer.
Working with an Attorney: What You’ll Need
If you decide to hire an attorney to assist with your claim, they may request the following documents:
- Police report
- Repair estimates and proof of payment
- Photographs of the damage and accident scene
- Witness statements or recorded conversations
- Expert evaluations
- Downtime or lost income documentation
- Transportation records
- Evidence preservation documents
Stay Prepared
Traffic accidents are never easy, but preparation can make a significant difference in how smoothly your claim is handled. By taking the right steps before, during, and after an accident, you can protect your business, recover damages, and minimize downtime.
If you’re struggling to get the compensation you deserve, consulting an attorney experienced in trucking claims can help you navigate the process and fight for what you’re owed. Understanding the legal steps of a truck accident claim can ensure you’re fully prepared for any situation.
Stay prepared, stay safe, and keep rolling!
