Trucks cause some of the most devastating accidents on Illinois roads, and while truck accidents aren’t nearly as common as those involving passenger vehicles, they come with unique legal considerations that make it essential to know what steps to take if you’re involved in one. Below, we’ll cover what you should do to protect your health and the viability of a potential truck accident claim in Illinois.
1. Check For Injuries and Call 911
In the aftermath of a truck accident, the most important thing to prioritize is safety. Check yourself, your passengers, and any other drivers for injuries. If there are any injuries, even minor ones, or if property damage exceeds $1,500 (or $500 if a driver is uninsured), you are required to report the accident to the police as soon as possible. This is not only important for ensuring that everyone involved will receive the medical attention they need, but it will also initiate a police report, which is a crucial piece of evidence that can support your claim later on.
2. Move to a Safe Area, But Don’t Leave the Scene
If your vehicle is in the middle of the road or in an otherwise hazardous position, it may be necessary to move it to a safer area to avoid a secondary accident. However, only move your vehicle if it is absolutely necessary and doing so will not put you at further risk. In addition, be sure not to move far from the crash site, as this could be considered a hit-and-run offense.
3. Exchange Information With the Truck Driver
Once the medical conditions of everyone involved have been stabilized and emergency services have been contacted, the next step is to exchange information with all drivers, passengers, and bystanders. First, start with the truck driver. Request their insurance information, CDL number, name, address, phone number, and the trucking company they are employed by or contracted by.
You’ll also want to request the name, contact information, and insurance information from any other drivers involved in the accident. If there were witnesses or passengers at the scene who were not involved, you’ll want to exchange contact information with them as well. Having this information on hand will help your lawyer to build your case later on.
4. Gather As Much Evidence As You Can
Apart from exchanging information with the individuals at the scene, you’ll also want to collect other forms of evidence. Again, only do so if the crash site is safe. Gathering evidence can involve taking pictures or videos of the damage to all vehicles, recording your injuries (and the injuries of the other drivers and passengers), and recording statements from the witnesses on site. Also, note the time and location of every event. For example, record the time and place where the crash occurred, when emergency services were contacted, when they arrived, and when you left the scene.
5. Seek a Medical Evaluation Quickly
While many truck accidents result in significant injuries, you may find that you have only minor injuries or none at all. Even so, it’s essential that you receive a medical evaluation as soon as possible. Injuries in truck accidents can sometimes appear minor or non-existent at first, but some of the most serious injuries (such as traumatic brain injuries, organ damage, or spinal injuries) can sometimes take several hours or even days before symptoms show up. By then, your conditions may become complicated and harder to treat.
Furthermore, insurance companies may use the fact that you delayed treatment to rationalize the denial of your claim. A medical evaluation is one of the most important pieces of evidence in a personal injury claim, and promptly receiving one shows that you did everything in your power to prevent your injuries from getting worse.
6. Contact a Truck Accident Lawyer
Once your medical condition is stabilized, the final step is to contact a truck accident lawyer. An experienced attorney will have the resources and expertise to gather and organize crucial evidence and ultimately build a strong case for compensation.
At Power Rogers, we can assist you throughout this process. While the evidence you collect at the scene is important, there are other crucial types of evidence we can help you collect that are difficult or impossible to obtain on your own. This includes official reports from law enforcement, maintenance and employment records from the trucking company, and black box data or surveillance footage from the truck itself. Our team can also communicate directly with law enforcement, insurance companies, and other involved parties to help ensure your rights are protected and your case is properly prepared.
Common Mistakes to Avoid After a Truck Accident
The unfortunate reality is that after a truck accident, it’s easy to say something that could jeopardize your ability to obtain compensation. Trucking companies and their insurers have legal teams whose main goal is to protect the company’s bottom line, not your best interests.
It’s important to avoid admitting fault or making statements about what happened to anyone at the scene, including the other driver, witnesses, or law enforcement. Even seemingly harmless comments can potentially be used against you. It is common for insurance companies to contact you to request a statement after a collision with their insured.. Ideally, you should retain counsel and leave all communications with insurers or other representatives of the defendant to your lawyer.
Why You Need a Truck Accident Lawyer
Although no motor vehicle accident is truly “simple,” truck accidents are typically among the most complicated from a legal perspective. One reason why is that these cases often involve multiple parties beyond just the drivers and eyewitnesses. Cargo loaders, maintenance crews, and other entities can play a role if, for example, improperly secured cargo or faulty brakes contributed to the accident. Determining who is at fault requires detailed evidence and testimony from all these sources.
Furthermore, trucking companies are governed by unique regulations designed to ensure safety. Navigating these rules, and uncovering a potential violation of them, can be difficult, yet can often make a key difference in whether or not your case is successful.
Although no motor vehicle accident is truly “simple,” truck accidents are typically among the most complicated from a legal perspective.
How to Choose the Right Truck Accident Lawyer
While hiring a lawyer is one of the most important steps in filing a personal injury claim, it’s equally important to make sure that you hire the right lawyer for the job. First and foremost, you’ll want to look for lawyers who service the area where your accident took place and who have legal knowledge of the laws and regulations that apply. As mentioned, you’ll also want a lawyer who has professional knowledge of federal trucking regulations and experience in handling truck accident cases, as opposed to simply car accident cases.
Be sure to look at any potential law firm’s case results, both settlements and trial, to be sure that they are not only reputable but also have a history of success in the settlement negotiation process.
Why Power Rogers is the Right Choice After a Truck Accident in Chicago
For over three decades, Power Rogers has represented hundreds of Illinois truck accident victims in their pursuit of fair compensation for their injuries and has successfully secured billions of dollars on their behalf. Here are just a few examples of the cases we’ve handled:
- $100 Million Wrongful Death Settlement: We represented a family that tragically lost their six children in a wrongful death truck accident caused by an unqualified driver.
- $39.9 Million Wrongful Death and Injury Settlement: We represented a widowed wife and her two children following a truck accident that tragically claimed the life of her husband and resulted in severe injuries to her and her children, who were riding as passengers when the crash occurred.
- $38.25 Million Trucking Negligence Settlement: In this tragic accident, a trucker collided with a separate tractor-trailer, causing it to jackknife and into the rear of our client’s vehicle. As a result, our client’s car spun into the median, where he was trapped inside, sustaining a spinal cord fracture and lower extremity paralysis.
Our attorneys have seen firsthand just how devastating and traumatic truck accidents can be, and we know that balancing the healing process and the personal injury filing process can feel impossible. Contact our firm for a free consultation and let us help you through this difficult time.
