Cargo truck accidents are not like other accidents you witness. They’re chaotic, dangerous, and come with a long list of complications. When a massive truck loaded with tons of cargo is involved, the damage can be life-changing and, in some cases, life-threatening.
Figuring out liability in a cargo truck collision adds another layer of difficulty, as multiple parties might be responsible. Whether it’s the driver, the trucking company, or even the loaders, each plays a part.
While going through this overwhelming situation, you’ll need a clear plan of action. Every step can make or break your case, from safeguarding your health to gathering key evidence. As a cargo truck accident victim, below are some of the actions you must take.
- Prioritize Health and Safety
Your health and safety come before anything else. If you’re injured, seek medical attention immediately, even if the injuries seem minor at first glance. Some trauma, like internal injuries or concussions, may not show symptoms right away.
Getting checked by a doctor ensures your well-being and provides essential medical records that can serve as evidence for your claim.
While waiting for emergency responders, if it’s safe, move to a secure area to avoid further harm. If you’re able to, assist others involved while avoiding actions that might worsen injuries.
- Document the Scene
Evidence is the backbone of any legal claim, so gathering it promptly is vital. Use your smartphone to take clear photos or videos of the accident scene. Capture the truck, its cargo (especially if it’s spilled or improperly loaded), skid marks, road conditions, and any visible injuries.
Additionally, gather information from the truck driver, such as their name, contact details, and employer. If there are witnesses, collect their contact details and ask for their accounts of the event.
- Understand Your Legal Rights
Truck accidents are governed by state and federal laws, including Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules dictate how cargo should be secured to prevent accidents caused by shifting or falling loads.
Understanding these guidelines is crucial to proving negligence and establishing liability. Consulting an attorney experienced in cargo truck accidents can help decode these legalities and strengthen your case.
- Avoid Common Mistakes
In the aftermath of an accident, you may feel pressured to share your side of the story, particularly when dealing with insurance companies. However, be cautious with your words.
Refrain from making statements that could be misinterpreted as admitting fault. The aim of an insurance company is to maximize profit. Therefore, never sign any documents or accept settlements without consulting an attorney.
- Seek Professional Legal Help
Hiring a skilled truck accident attorney is one of the smartest moves you can make. They will guide you through the process, help identify all liable parties (including the trucking company, cargo loaders, or maintenance crews), and work to secure maximum compensation.
Legal professionals often collaborate with accident reconstruction specialists to analyze evidence and establish negligence effectively.
- Preserve Evidence
Beyond photos and witness statements, you’ll need additional documentation to strengthen your case. This includes medical reports, police accident reports, and records of communication with insurance companies. An attorney can also request crucial information, such as the truck’s maintenance logs or data from its black box.
- Comply with Deadlines
Legal claims often have strict deadlines, known as the statute of limitations, which vary by state. Missing these can forfeit your chance to seek compensation. Acting promptly ensures your claim is filed on time, giving you the best shot at justice.
- Stay Focused on Recovery
While legal proceedings can be stressful, focusing on your physical and emotional recovery is equally important. Your attorney can shoulder the legal burden while you concentrate on healing.
