Getting injured in a truck accident often results in severe injury or death. If you or a loved one has been involved in a truck accident, the award-winning attorneys at Caputo and Van Der Walde will work tenaciously to get you the money you need to move on with your life.
Our trained team of injury lawyers and paralegals regularly win large judgments for our clients. They are well-versed in injury law and litigation.
In California, the driver who causes an accident is responsible for paying the related medical bills. You should know what to do after a truck accident. The evidence you collect can also be used in court if it becomes necessary.
Collecting Evidence at The Scene
The moments after an accident can be very stressful. However, there are things you must remember to do. When you have an accident that results in injuries or damage to vehicles, you must pull over to the side of the road and call the police.
Talk to The Police
When the police arrive, they will collect statements and then fill out an accident report. Be careful about telling them you caused the accident even if you think you are responsible. Most people are in a state of shock after an accident. There may be things you cannot remember or circumstances of which you are not aware. Tell the police the basic facts you remember.
Take Pictures
Take photographs of the vehicles if you are able to do so. Get pictures of the truck and your car, the road, and any skid marks. Try to get a picture of the inside of the truck’s cab to see if there is any evidence lying around.
Insurance Information
When you have any kind of accident you need to exchange insurance information with the other driver. When you have a truck accident, not only should you get insurance information for all the vehicles involved, but you should also ask for the name of the trucking company the driver works for and the DOT number of the truck.
Truck drivers are held to a higher duty of care than other drivers on the road. Truck driver accident procedures require them to notify the Federal Motor Carriers Safety Administration.
Get the names and phone numbers of any witnesses at the scene. If there are stores in the area, ask them if they have video surveillance cameras.
Always Seek Medical Treatment
A person who is in a truck accident will normally suffer some injuries. In many cases, an ambulance will be called to the scene. If an ambulance arrives and the paramedics offer you treatment, let them treat you. If they tell you that they need to take you to the hospital, go with them.
You may think you are not injured severely enough to go to the hospital. However, some accident-related injuries will not show up right away.
Any personal injury lawyer in San Jose can tell you that refusing medical treatment at the scene can result in an insurance company not paying your medical bills.
Victims of truck accidents should always seek treatment and get an X-ray or MRI. A doctor can see if there has been any damage to the skull or skeleton by looking at an x-ray.
Save Copies Of Your Medical Bills
Any insurance adjuster will want to see a copy of all your accident-related medical bills. This should include bills for surgery, anesthesiology, and physical therapy. Include receipts from medications that you need whether they are prescription or non-prescription. A motor vehicle accident can be traumatic. Save the bills from any mental health care you need.
If you benefit from alternative treatments such as massage or flotation therapy, save the receipts. A truck accident lawyer may be able to negotiate with an insurance company to pay for these treatments as well.
Ask all the professionals that you see to write a medical evaluation detailing your progress. Insurance companies need to know if you will need further medical attention.
Document Lost Wages
Documenting any income you lost as a result of your accident is essential. Your employer can write you a letter stating the number of hours you have missed.
Self-employed injury victims can write a letter stating the amount of money they have lost because of a truck crash. Make sure to back up your statements with your tax returns from the previous year.
What To Do If You Have Lost a Loved One To a Truck Accident
If you have a loved one who has died as a result of a truck accident, you may be able to sue for wrongful death. You can receive compensation for the loss of companionship, and emotional distress.
If the accident resulted from a trucker’s negligence, you can sue the company they work for. The federal government strictly regulates the trucking industry. They limit the number of hours a driver can work and they insist that truck inspections are documented. If trucking companies do not follow regulations, they face fines and shutdowns. It will also be easier to win a civil suit against them if they have violated these rules.
Call Caputo and Van Der Walde
Never accept an insurance company’s settlement offer until you speak to one of our attorneys. They can tell you if a settlement is fair. Our trained lawyers have years of experience negotiating with insurance companies. They know exactly how much your injuries are worth and how much compensation is fair.
If they are unable to get you a settlement through negotiations, we can represent you in court. We have a trained team of paralegals who will fully investigate your case. Our award-winning litigators will make a compelling argument to a judge or jury to get you the money you deserve. Call us today for a free consultation.