Kevin Callinan is an Ohio personal injury lawyer specializing in truck accidents. He compiled a comprehensive checklist of steps you should follow after you or a loved one has been involved in a trucking accident.
While this checklist may seem daunting, an experienced attorney can handle all aspects of documentation, evidence gathering, and claims filing while you focus on recovery. We can also obtain police reports and body camera footage and manage insurance communications on your behalf.
Stay at the Scene
Remaining at the scene is crucial not only because it’s legally required, but also to ensure your version of events is documented. Leaving the scene prevents you from providing your account of the accident to law enforcement.
Move to Safety (Especially on Highways)
While it’s important to move to the side of the road for safety, be aware that accidents can still occur on the shoulder. However, failing to stop at all can severely compromise your case due to lack of documentation.
Check for Injuries
Document all injuries, no matter how minor they might seem initially. Failing to report an injury at the time of treatment can complicate your case if symptoms develop later.
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Contact Law Enforcement
A police report provides official documentation of the accident. Without it, cases often become disputed between parties, and insurance companies typically side with their insured driver in “word against word” situations.
Document Everything
Photograph all vehicles involved, including license plates and drivers (if it is safe to do so). This documentation helps establish the facts of the case and prevents disputes about who was involved.
Attorney Insight: “If it can be proven that the truck was improperly loaded which resulted in the accident then the cargo company can be found negligent as well.” – Kevin Callinan
Gather Insurance Information
Commercial trucks typically have multiple insurance policies – one for the vehicle itself and another for the cargo. Getting complete insurance information is essential for your case.
Look for Witnesses Expert Insight
Independent witnesses are crucial in disputed cases. Only statements from individuals unrelated to either party carry significant weight in legal proceedings.
Document Injuries
Photographic evidence of injuries and vehicle damage is vital for your case. These images clearly document the accident’s immediate impact.
Contact Insurance Company
Prompt reporting speeds up the claims process, helps secure a rental car faster, and can prevent complications with medical payment coverage.
Be Consistent with Medical Treatment
Following medical advice and maintaining consistent treatment is crucial. Gaps in treatment can be used to argue that injuries were either not serious or came from an unrelated incident.
Avoid Social Media Posting
Social media posts about accidents often harm cases regardless of intent. It’s best to avoid any public discussion of the incident.