Steps for Recovering Compensation After a Texas Truck Accident
Did you ever try to make a truck driver sound their air horn as a kid? You may have even been fascinated by the large vehicles and while trucks can fascinate kids and adults alike, semis can also pose risks. Did you know an estimated 26,963 truck accidents occur in Texas each year?
Yep this statistic is a little frightening and it also means it’s a good idea to stay prepared and this means knowing what to do after being involved in a collision with a commercial truck. The steps you take immediately after a truck accident can have a significant impact on your ability to recover compensation.
Key Steps to Take After a Truck Accident in Texas
Something to keep in mind is these steps depend on the severity of your injuries. Your health is paramount so don’t worry about anything else if your injuries require immediate medical attention. With that being said, if you don’t need an ambulance ride to the hospital you can take care of a few things that can help protect your accident claim.
Alert the Authorities
Texas takes care of letting drivers know an accident must be reported and when it’s okay to wait. Any vehicle accident resulting in injuries or fatalities must be immediately reported. Yep, this means waiting around for the authorities to arrive. You’re also required to report any car collision if property damage exceeds $500. Since even replacing a cracked windshield can run into the hundreds of dollars, it’s usually best to report any accident. If you decide to wait, Texas gives you ten days to report a minor vehicle wreck.
Something to keep in mind if you can skip going through the immediate reporting process is comparative negligence. Texas is a comparative negligence state and this can negatively affect your potential accident settlement. With comparative negligence, more than one driver can be liable for the same accident. If you’re assessed blame, your compensation amount is going to be reduced by the same percentage as your assigned fault.
Getting the authorities immediately to the accident scene can help prevent you from being unfairly assigned fault.
Check for Injuries
Unfortunately, you’re probably going to suffer significant injuries in an accident involving a commercial truck. These vehicles are huge and heavy so just imagine the potential damage if you’re in an accident.
Before you even think about getting out of your vehicle, check for any injuries. This includes your passengers. If you’re able to get out and walk around, don’t just throw open your door. Check your surroundings before getting out of your vehicle. The last thing you want is to be hit by an oncoming motorist. Now, the authorities are dealing with two accident scenes and you probably sustained significant injuries.
Checking for any injuries also means you can let the emergency operator know if they need to send an ambulance or just the police.
Don’t Ignore Your Health
Every once in a while, truck accidents don’t result in severe injuries. This doesn’t mean you should skip a visit to your healthcare provider. You may have internal injuries and these aren’t always immediately obvious. For example, you may have internal bleeding and it can take a bit before you start noticing any health problems.
Don’t forget to save all of your bills and receipts relating to any medical treatment. This includes your checkup. These are considered economic damages and you should be able to recover compensation.
Try to Document the Accident Scene
This step isn’t exactly essential but it can be helpful when it’s time to file an injury claim. If your injuries aren’t demanding an ambulatory ride to the ER, grab your cell phone. The camera app is going to come in handy.
Take some pictures of your vehicle damage, along with the position it ended up in. Sometimes, where your vehicle ends up after an accident can help the authorities establish fault. If you have any visible, minor injuries, take a few pictures to add to your medical file. Don’t forget to look around for any surveillance cameras. This includes cameras on residences, businesses, and traffic surveillance systems. Your personal injury attorney can subpoena the footage if things like fault become a question.
Witnesses can also be invaluable in truck accident claims. Get the contact information from any witnesses but don’t start discussing the accident. This includes announcing you’re okay. Remember, you may still have internal injuries. If you start telling everyone you’re fine, it’s going to be tough to convince the insurance company you actually suffered injuries.
Start Collecting Your Evidence
Some things like getting footage from a traffic surveillance camera are a job for your accident attorney. Your attorney can file a subpoena. It’s also a good idea to let your attorney handle interviewing any witnesses. So, does this mean there’s nothing left for you to take care of? Your job isn’t quite done yet, you’re going to need to gather your supporting documentation.
This is going to include things like your official accident report. Most reports are ready for pick up either in person or online in about ten business days. You’re also going to need your medical records, bills, and receipts. If you filled out a prescription, save the receipt. Property damage repair/replacement bills and receipts are also necessary. Are your injuries keeping you out of work? Guess what, you’re going to need your past pay stubs. This way you can list lost income on your truck accident claim.
Calculate Your Damages
You can probably get started on this step but you’re also going to need some help. Figuring out the value of your economic damages is pretty easy, especially with a calculator. Just add up your bills, receipts, and any repair/replacement estimates. Figuring out the value of your non-economic damages is a little tougher since they’re intangible. This is when your accident attorney can really help.
Don’t Go Through a Truck Accident Claim Alone
Even if you’re only taking on the truck driver with your accident claim, it’s rarely a great idea to go through the legal process on your own. Working with a Texas truck accident attorney can help simplify the process and ensure you can recover compensation.
