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This guide provides information for truck drivers on how to navigate accident procedures and legal steps in the event of an accident. It covers important topics such as safety measures, documentation, insurance, and legal representation.
Truck driving is a profession that carries unique challenges and risks. When accidents occur, they often result in serious injuries, significant property damage, and complex legal issues due to the industry’s strict regulations.
The United States has witnessed an alarming increase in large truck-related accidents. Just look at these sobering statistics:
- In 2021, the number of fatalities resulting from large truck crashes reached a staggering 4,714, marking a 17 percent rise compared to the previous year. However, according to the Federal Motor Carrier Safety Administration (FMCSA), nearly 5,000 large trucks and buses were involved in fatal crashes in 2020, a 5-percent decrease from 2019.
- Among these tragic incidents in 2021, 16 percent accounted for the loss of truck occupants, while 68 percent involved occupants of cars and other passenger vehicles. Additionally, 15 percent of the casualties were pedestrians, bicyclists, or motorcyclists, highlighting the vulnerability they face on our roads.
- The number of fatalities in large truck crashes in 2021 increased by 50 percent compared to 2009. And the number of truck occupants who lost their lives? 68 percent higher than in 2009.
As a truck driver, you must understand the steps to take in case of an accident and understand the legal procedures that may follow.
Here’s a guide that sheds light on the unique challenges and procedures for truck drivers involved in accidents. From the immediate aftermath of the accident to the long-term considerations, knowing the right procedures can significantly affect the outcome of these daunting situations.
Immediate Actions at the Accident Scene
In the immediate aftermath of an accident, here are the crucial steps that truckers should take to ensure their safety and protect their legal rights:
Ensuring Safety
Secure the accident scene to prevent further accidents caused by vehicle congestion. Turn off all motor vehicles involved in the crash and continuously reassess the scene’s safety.
Make sure that everyone involved in the vehicle accident is out of harm’s way. If possible, move them to a safe location and away from the scene of an accident.
Emergency Services
Once the scene is secure, promptly contact emergency services. Assess the injured person and call 911 for immediate medical attention, even if the symptoms seem light at this stage. Note that some severe injuries like concussions don’t manifest until a few days after the accident.
Documentation on Scene
Gather evidence and information at the scene of the accident. Take photos of the scene and damage to your vehicle, record details of the accident, such as the time and location, and collect witness statements. If possible, exchange information and get the names and contact information such as cell phone numbers and insurance and vehicle-related information like the driver’s license numbers, insurance policy numbers, and license plate numbers.
Remember to be polite and courteous, and avoid discussing the accident with anyone except for the police and your attorney.
Reporting the Accident
After ensuring safety at the scene and gathering necessary evidence, know how to report the accident to relevant parties.
Informing Employers
Truck drivers must promptly report accidents to their employer per the standard truck driver accident procedure. This not only aids in swift insurance claims but also helps the company prepare for any potential legal implications.
Prepare an accident report and ensure that you provide a detailed account of the incident, including any injuries or damages incurred. Include everything you documented in the scene, as aforementioned.
Legal Reporting Requirements
Truck drivers are required by law to report accidents to local authorities, especially if the accident involves injuries, fatalities, wrongful death, or significant property damage.
If the crash involves the release of hazardous materials, carriers must complete a hazardous incident report.
Understanding these reporting procedures is crucial to ensure compliance with regulations and to protect your rights as a driver. For expert legal guidance, consider reaching out to the experienced attorneys at Frantz Law Group, who can provide free consultation on truck-related accidents.
Medical Attention and Health Concerns
Addressing health concerns should be a top priority in the aftermath of a truck accident.
Seeking Immediate Medical Help
Regardless of apparent injuries, seek immediate medical attention after an accident. As mentioned earlier, some injuries may not manifest noticeable symptoms immediately, taking hours, days, or even weeks to become evident.
Documenting Injuries and Treatments
Keep detailed records of your injuries and treatments for future insurance claims or legal actions. These records can serve as solid evidence of the harm you suffered as a result of the accident and can significantly impact the outcome of your case.
Navigating the complexities of post-accident medical care can be challenging. Contact the experienced truck accident lawyers at Frantz Law Group for expert legal advice.
Dealing with Law Enforcement and Insurance
Don’t forget to communicate with law enforcement and go through insurance protocols.
Interacting with Police
When interacting with law enforcement, communicate clearly, concisely, and respectfully. Express your situation using terms you’re comfortable with.
Stick to the facts and avoid seemingly innocent statements like “I didn’t see them” or “I’m sorry,” as these can be easily misconstrued as admission of fault.
Insurance Protocols
Report the accident promptly to your insurance company. Provide a detailed account of the incident, keeping in mind that this information will be used to evaluate your claim.
Handling these interactions properly can protect your rights and facilitate a smoother recovery process. An experienced truck accident attorney can provide expert legal guidance while helping you navigate this complex process and deal with insurance adjusters who are often skilled at minimizing payouts.
Legal Considerations and Rights
In the context of trucking laws, both the driver and the trucking company can be held liable for accidents.
Trucking companies are responsible for hiring qualified and competent drivers. They should also have workers’ compensation in place. If they fail in this duty, they could be held accountable through negligent hiring practices.
They are also required to comply with federal and state regulations. For instance, the Omnibus Transportation Employee Testing Act of 1991 mandated that DOT Agencies must conduct drug testing for transportation employees in safety-sensitive positions. This requirement applies to various industries, including aviation, trucking, railroads, and mass transit.
Violations of these rules that eventually result in an accident may constitute negligence, holding the company responsible for damages.
Protecting your rights post-accident is paramount. Obtain a lawyer who understands negligence laws and can help you navigate insurance claims and potential lawsuits.
For expert legal guidance, consider reaching out to Frantz Law Group and its team of capable personal injury lawyers experienced in truck-related accidents.
How Frantz Law Group Can Assist
Navigating the aftermath of a truck accident can be challenging. This is where the expertise of Frantz Law Group comes into play.
Frantz Law Group’s Expertise
Frantz Law Group has a strong reputation for managing personal injury cases. Our team of attorneys specializes in handling all types of catastrophic injury cases, including truck accidents, offering the highest level of representation to clients facing difficult personal injury cases.
Legal Support for Truck Drivers
Experienced personal injury attorneys can provide invaluable support to truck drivers post-accident. They fully grasp state laws, understand complex settlement agreements, and can help navigate cases involving serious injuries.
Frantz Law Group offers a proven track record of success from lawyers with solid credentials and extensive experience in personal injury law, including truck accidents.
Long-Term Impacts and Precautions
Truck accidents often result in serious injuries that lead to long-term or permanent disabilities. These may include cognitive deficits, motor impairment, personality changes, and chronic pain.
The physical injuries sustained from such accidents are significant due to the size and weight of trucks. Severe injuries may require long-term medical treatment and rehabilitation, potentially leading to permanent disability—impacting the victim’s career and personal life significantly.
Maintaining high safety standards prevents future accidents involving trucks. Regular vehicle maintenance, periodic drug and alcohol testing, drivers adhering to speed limits, and avoiding distractions while driving are crucial steps. Drivers should also be well-rested before hitting the road to prevent fatigue-related accidents.
Involved in a Truck Accident? Contact Frantz Law Group’s Expert Personal Injury Attorneys for Guidance!
Truck accidents can have serious long-term impacts on your health and livelihood. They often lead to significant injuries, long-term medical treatments, and even permanent disabilities. Understanding the legal landscape, including liability and regulations, is crucial.
With its extensive expertise in dealing with personal injury cases, Frantz Law Group can provide invaluable support in such circumstances. Our team of attorneys specializes in handling all types of catastrophic injury cases, offering the highest level of representation to clients facing difficult personal injury cases.
If you or a loved one are involved in a truck accident, don’t navigate this complex process alone. Let the experienced attorneys at Frantz Law Group guide you through every step of the way.
Contact Frantz Law Group today for a free consultation.