what happens when a company truck hits you

3 min read 11-01-2025

what happens when a company truck hits you

Getting hit by a company truck can be a traumatic experience. The aftermath is often complex, involving insurance claims, legal processes, and potential long-term consequences. This guide explains what you should do immediately after an accident and outlines your rights and options moving forward.

Immediate Actions After a Company Truck Accident

1. Ensure Safety: Your first priority is safety. If you're injured, call emergency services (911). If possible and safe, move your vehicle to the side of the road to avoid further accidents.

2. Gather Information: Collect as much information as possible. This includes:

Truck Driver's Information: Name, driver's license number, company name, and contact information.
Truck Company Information: Company name, address, and insurance information. Take photos of the truck's license plate and any identifying markings.
Witness Information: If there are any witnesses, get their names and contact details.
Police Report: Call the police to file a report. The police report is crucial evidence.
Photos and Videos: Take pictures of the accident scene, the damage to both vehicles, and any visible injuries. Video recordings can also be helpful.

3. Seek Medical Attention: Even if you feel fine, seek medical attention immediately. Some injuries may not be immediately apparent. Document all injuries and treatments.

Understanding Liability in Company Truck Accidents

Determining liability in a company truck accident can be more complex than a typical car accident. Several parties might share responsibility:

The Truck Driver: If the driver was negligent (e.g., speeding, distracted driving, or violating traffic laws), they may be held liable.
The Trucking Company: Companies are often held vicariously liable for their employees' actions under the principle of respondeat superior. This means the company is responsible for the driver's negligence if the driver was acting within the scope of their employment.
Truck Maintenance Company (if applicable): If the accident was caused by faulty truck maintenance, the company responsible for the maintenance could be held liable.
Cargo Loaders (if applicable): If improper loading contributed to the accident, the loading company could share responsibility.

What to Do After the Accident

1. Contact Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with all the information you've gathered.

2. Consult with a Lawyer: A personal injury lawyer specializing in trucking accidents can help you navigate the legal process. They can assess liability, negotiate with insurance companies, and represent you in court if necessary. Many offer free initial consultations.

3. Document Everything: Keep detailed records of all medical bills, lost wages, repair costs, and communication with insurance companies and lawyers.

Common Injuries in Company Truck Accidents

Company truck accidents often result in severe injuries due to the size and weight of the vehicles. These include:

Traumatic Brain Injuries (TBIs): Can lead to long-term cognitive and physical disabilities.
Spinal Cord Injuries: Can result in paralysis or other permanent impairments.
Broken Bones: Fractures are common in high-impact collisions.
Soft Tissue Injuries: Whiplash, sprains, and strains can cause chronic pain.
Internal Injuries: Organ damage may not be immediately apparent.

How a Lawyer Can Help

A lawyer experienced in trucking accidents can:

Investigate the accident: They will gather evidence to determine liability, including reviewing police reports, witness statements, and truck maintenance records.
Negotiate with insurance companies: Insurance companies often try to minimize payouts. A lawyer can advocate for your fair compensation.
File a lawsuit: If a settlement cannot be reached, your lawyer can file a lawsuit to pursue your claim in court.
Calculate your damages: This includes medical expenses, lost wages, pain and suffering, and property damage.

Frequently Asked Questions (FAQs)

Q: How long do I have to file a lawsuit after a trucking accident?

A: The statute of limitations varies by state. Consult with a lawyer to determine the deadline in your state.

Q: What kind of compensation can I receive?

A: Compensation can include medical expenses, lost wages, pain and suffering, property damage, and more. The amount depends on the severity of your injuries and the circumstances of the accident.

Q: Do I need a lawyer if the trucking company offers a settlement?

A: It is highly recommended that you consult with a lawyer before accepting any settlement offer. Insurance companies often make initial offers that are significantly lower than the actual value of your claim.

Getting hit by a company truck is a serious event. Taking the right steps immediately after the accident and seeking legal counsel can significantly improve your chances of receiving fair compensation for your injuries and losses. Remember to prioritize your safety and well-being.