What to Do if You Are Injured in an Accident

A motor vehicle accident is a serious matter, particularly when it involves a commercial truck. You or someone else may have been seriously injured and even if you have not been injured, you may be wondering what you should do next.

What follows is a general guide to what you should do immediately after a commercial truck accident. If you drive for an employer, your employer may have procedures that you should follow. If you are self-employed, your insurance policy may set out instructions. You need to follow those instructions or your claim for coverage may be denied. It is a good idea to review your policy before getting in an accident, so you know what the process will be. In addition, an attorney experienced in handling trucking related claims will be able to advise you about what to do.

Say Nothing

Say as little as possible about the accident, including statements to the police or highway patrol. Limit yourself to asking if anyone was hurt. You should especially not:

• Apologize
• Admit it was your fault
• Tell the other driver that your employer will take care of everything
• Say "I didn't see you" or anything of the kind

Comments like these could be taken as your admission of fault. Even if you feel you are to blame for the accident, it is too early to make a final decision on who is to blame. Remember though, you must always tell the truth when you do talk.

Report the Accident

Call 911 to report the accident even if you are afraid you will be blamed for the accident. Many state laws require that you report an accident right away. Leaving the scene of an accident without waiting for the police to come is a crime in most states. Reporting the accident is also important if someone has been injured and needs immediate medical attention.

If you are driving for your employer, you should report the accident to your employer immediately. If it is after hours or there is no one available, try to leave a detailed message, including the time, date, and location of the accident. You should also say whether you think you have been hurt, as this may affect your right to receive workers' compensation.

See a Doctor

It is best to seek attention quickly, even if you are not sure that you need it. You may be dazed or confused from the accident and not notice your own injuries. Follow up later with your own doctor or the doctor selected by your employer for workers' compensation purposes.

Notify your Insurance Company

If you are self employed, notify either your insurance agent or your insurance company's claims office of the accident and of the possibility of a claim. Instructions on how to report a claim, including the person or office to which it must be reported, will be found in your insurance policy. You should also review your policy to find out how much and what kind of coverage you have.

Contact an Attorney

You should seek legal advice to find out about your rights and potential liabilities. You may face criminal charges or a civil lawsuit, or you may have issues related to your commercial drivers license. An attorney who is knowledgeable and experienced in trucking law can give you advice about how to handle your case.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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