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There are several things you need to know to do immediately after a wreck with an 18-wheeler, while still at the scene:
Even if you only have property damage claims to make and are not injured, you need to call the police and have them come to the scene to write a report. Sometimes, when a wreck takes place on private property (such as a parking lot), the police cannot issue a citation for a traffic offense.
Nevertheless, it is important to contact the police because they will gather the basic information you will need later to file a claim with insurance or a petition for damages with the court.
If the police do respond, stay calm and answer all the questions the officer asks of you. Explain what you saw, when you saw it, and how you acted and reacted to the other traffic. Be sure to explain what the 18-wheeler was doing in the moments leading up to the collision and at the time of impact.
Even if police do not come to the scene, there is crucial information you must get, including the name of the driver, the insurance company insuring the 18-wheeler and trailer (which may be different), the driver’s license, and the name of the company for which the driver works.
This is the basic information you need to get after a wreck. It will help you or your personal injury attorney direct any claims for damages to the right parties.
Be sure to get the DOT (Department of Transportation) number for both the 18-wheeler and the trailer it is pulling.
These numbers may be different because they may be owned by different companies. Pay close attention to the names on the sides of the truck and trailer and take photos of everything!
One crucial thing that many people forget about in the moments after a wreck is to document the scene. There is no better way to do this than to take photos and videos with your phone. Do not be shy and think you need to do this secretly. Be obvious and cordial, but thorough.
The insurance adjuster, your attorney, a judge, and certainly a jury will not have been witnesses to the wreck. It can sometimes be hard to explain the exact positioning of the vehicles on the road in court, sometimes years later, without good photos. The more, the better. Take them from every angle and distance.
Also, most phones have cameras that will record video and audio. Use those features! Walk around the scene in a slow, methodical manner to document how the scene looked in real-time. This will give everyone (including a jury) a 3D picture of the scene.
Where possible, try to keep your video and audio recording while talking to witnesses, the 18-wheeler driver, and the police.
This will help because people’s memories get fuzzy over time. However, at the moment, they may say something that is later crucial to your case.
When taking photos of the 18-wheeler or commercial motor vehicle, if there is a trailer being pulled, make sure to document the trailer as well. Sometimes, the trailer will be owned by a different company than the truck, and it will carry a separate insurance policy.
One thing many clients forget to do after any kind of wreck is get the contact information of witnesses. They may get the name and insurance of the other driver(s), but they do not think to ask for the name or contact information of the person who stopped to see if they were okay.
Witnesses to a wreck can be vital to proving your case later because they are not a party to the case and are independent observers. Juries often give their testimony more weight than that of either the plaintiff or the defendant.
Always ask for the full name and phone number of anyone who witnesses a wreck or stops to assist. If they resist, explain that you hope to keep them out of any case but would appreciate them explaining what they saw to your attorney or the insurance company, possibly the police at the scene as well.
At the very least, try to take a picture of their license plate and we may be able to track them down later.
Another crucial piece of evidence that is often forgotten until it is too late is securing local video surveillance footage. Many businesses and homes now have surveillance cameras pointing outward that may have captured the wreck.
What many people do not know is that some of those systems record the footage but delete it after a certain period. Generally, 30 days is a common rule of thumb.
Thus, if there is a camera that recorded the wreck and could prove your case, if you do not act quickly to secure the footage, it will be lost forever. Sometimes, you may not decide to seek the advice of an attorney until after this period.
That is why you must think about this while still at the scene or return a few days later to look for video cameras.
Remember, do not limit your search for video cameras to the time and location of the wreck. Sometimes, a commercial motor vehicle driver will demonstrate negligent driving long before the wreck.
That means you should also think about looking for cameras that were placed along the route the driver took before impact.
This is something that any attorney experienced with commercial motor vehicle litigation knows how to do and why you should consult an attorney quickly after a wreck.
After you have documented the wreck with photos and video and been given permission by the police, you should move your vehicle from the right of way to a safe space that does not cause potential hazards to other drivers or your safety. Safety first! Safety always!
Presumably, if you are reading this, you have done the most important thing, which is to make sure you are okay. You need to seek immediate medical attention if there is even a slight possibility that you were injured in a wreck with an 18-wheeler.
Sometimes, in the heat of the moment, with adrenaline running through your body after you realize you “survived” the wreck, you may not feel pain. That is your body’s natural reaction.
However, in the next few hours or days, you may realize something is wrong with your body. Your back hurts. You cannot turn your neck. Every time you walk, there is a shooting pain down your leg. Even if you do not go to the ER or your doctor immediately after the wreck, as soon as you start to feel pain, you need to seek medical treatment.
Be as detailed as possible with your doctor about the pain you are feeling, when it started, how it started, whether it is the same pain you had before the wreck or different in manner and intensity, etc.
If you have damage to your vehicle, you should seek out an independent auto repair shop to get a quote for the repairs. Be sure to get a quote from a reputable repair shop and document any improvements that you pay out of pocket so that they can be reimbursed later.
Unless you have minor property damage and no physical injuries, it is always better to seek the advice of an attorney who has experience dealing with insurance companies and commercial motor vehicle litigation.
This is a very specialized area of law and most “auto accident” attorneys do not handle these cases properly. Many federal and state regulations can impact the outcome of a case and the ability to prove a breach in the standard of care by a professional commercial motor vehicle driver.
If you were injured through the fault of a commercial motor vehicle driver in either Louisiana or Texas, contact the Ikerd Law Firm today for a free consultation.
