Key Takeaways
- Truck accidents can more often cause catastrophic injuries or death because of their size and weight.
- Large truck accidents can be harder to settle or litigate because of the type and severity of the accident victim’s injuries.
- Even if weather conditions play a part in a truck accident, the driver can still be negligent.
- Never post about your truck accident on social media.
- Always seek medical care immediately after the accident, even if you believe your injuries are minor.
When you learn what to do after a truck accident, you can help your attorney investigate your case. Whether it is ensuring you give the facts to a police officer for the police report, seeking medical care immediately, taking photos of the accident scene, or contacting an attorney experienced in truck accident law, every step you are able to take can help your case.
What to Do After a Truck Accident in South Carolina
If you are able to move after a truck accident, you can take some steps to help your personal injury attorney obtain information about the accident scene and your case.
Check to Ensure Everyone is Okay and Call the Police
Under the South Carolina Code of Laws §56-5-1270, you must report an accident that caused a wrongful death, injury to any of the drivers and their passengers, or over $1,000 in property damage to the police. It is imperative to check on others who were in the accident to ensure they are okay.
Collect Information
Even before first responders show up, you can start gathering information that could help your attorney. Some of the actions you can take include:
- Exchange information, including driver’s license numbers, contact information, license plate numbers, and insurance information, with other drivers.
- Obtain the names and contact information of all passengers.
- Obtain contact information from any witnesses. You can also ask the witnesses what they saw.
- Obtain insurance policy company names and policy numbers for each driver.
- Take photos and videos of the accident scene and property damage.
Obtain Medical Attention
Always allow first responders to check you over at the scene. Allowing this starts the paper trail for any injuries you may have or injuries that might show up later. As soon as the police complete their report and release you from the scene, see your doctor or go to the emergency room. Some injuries may take days or even weeks to manifest, so it is imperative that you notify medical professionals that you were in a truck accident.
The longer you wait to obtain medical attention, the easier it is for the insurance company attorneys to find reasons to deny your claim or offer a mediocre amount for a settlement.
Contact Your Attorney
Never wait to contact your attorney. The sooner you do, the sooner your attorney can guide you through the process of recovering the compensation you deserve. Truck accidents often cause more severe injuries due to the size and weight of the truck compared to a passenger vehicle.
It is often more difficult to recover long-term compensation for lost wages, loss of earning capacity, and future medical expenses due to injuries that cause long-term or permanent disabilities.
An attorney can help file your insurance claim, obtain the accident report, and negotiate with insurance companies on your behalf. If the insurance company refuses a fair and reasonable settlement, your personal injury lawyer can work with you to develop a strategy for litigation.
Other Tips for After a Truck Accident
While the above tips are necessary after a truck accident, other tips can help you as well.
Don’t Say ‘Sorry’
While it is important to check on others in the vehicles involved in the accident, it is imperative that you watch what you say. Never apologize for the accident, as that can make others think you are at fault, even if it is obvious others are at fault. Simply tell others involved in the auto accident that you have notified first responders.
Stay Off Social Media
You may be tempted to post about the accident on social media, especially if the accident was not your fault. Do not post anything online. That is the worst thing you can do. Insurance companies troll social media, looking for a reason to blame the accident on you.
Even if the accident was not your fault, powerful insurance company attorneys can twist your photo and words to make it look as though the accident was your fault. The insurance companies will also investigate your social media posts for discrepancies in your statement.
Do Not Discuss the Accident with Insurance Companies
Should you contact the insurance companies yourself, the only information you should relay includes:
- Your name and contact information
- The date and location of the accident
- Your attorney’s contact information
Always remember that insurance companies are in business to make a profit. Thus, they will find any reason to deny a claim or offer you as little as possible. Many insurance companies get away with offering such a pittance that it does not even cover your initial medical expenses, much less lost wages, future medical expenses, the loss of your vehicle, and loss of future earning capacity.
Experienced truck accident attorneys know the tricks insurance companies use against accident victims.
Why Choose Patrick, Lewis & Watts
Our experienced attorneys are very skilled in representing victims of truck accidents. Unlike some law firms, we are adept at both settlement negotiations and litigation. We have a reputation for not settling for just any amount – it must be a fair and reasonable amount based on your circumstances, or we will not hesitate to take your case to court to obtain the compensation you deserve.
We Are Here to Help with Your South Carolina Truck Accident Case
If you suffered injuries or lost a loved one in a truck accident, don’t face insurance companies and insurance adjusters by yourself. Contact Patrick, Lewis & Watts at 864-240-5500 for a case evaluation or use our online contact form for more information or to schedule a case evaluation.
Frequently Asked Questions
Yes. Once accident victims retain an attorney for their truck accident claim, the attorney will take over communication with all parties. If you are not comfortable notifying the insurance companies, including your own, of the accident, retain a truck accident lawyer as soon as possible, and the attorney can make the initial contact.
While the process for reporting a truck accident is the same as any other auto accident, the process after reporting it is different. Instead of negotiating with or suing just the driver, several other parties may be involved in the case, including:
- The trucking company (most likely)
- A third-party dispatcher
- The driver
- Truck technicians
- Inspectors
- A third-party loading company
- Another passenger vehicle or truck that caused a commercial truck to hit you
Always contact an attorney as soon as possible after the accident so they can get started on your case. Even if you are still in the hospital, you can contact an attorney. Truck accident attorneys can conduct audio or video consultations. Some may even visit you in the hospital while you are obtaining medical treatment.
Truck accident investigations are significantly different from car accident investigations. Truckers must abide by federal and state regulations. Investigators on your case will request the following:
- Driver qualification file for the driver from the trucking company
- Driving history and record
- Medical test results
- Electronic on-board recorder or electronic logging device
- Witness testimony
- Police reports
- Examine the scene of the accident
- Examine the truck
One of the federal regulations that truckers must abide by is the hours-of-service rule, which dictates how many hours a trucker can drive and work, such as loading and unloading. A fatigued driver may have gone over the number of allowable hours.
The condition of the truck may have also been a factor in the accident, so investigators will look into the condition. If the company or truck driver drove the truck when it had known issues, it could point to negligence.
Written By Rusty Patrick
Rusty is licensed to provide that service in South Carolina courts and in the federal District Court for the District of South Carolina. He is a member of the South Carolina Bar Association, the Greenville County Bar, and the American Bar Association.
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