Collisions between passenger cars and 18-wheelers in Texas are often catastrophic. Besides dealing with physical and emotional injuries, you are in a race against the clock to protect vital evidence for your personal injury claim.
While you have two years from the date of the accident (statute of limitations) to file a lawsuit, the first 48 hours are critical to preserve evidence that the trucking company may destroy or overwrite, which is essential to winning your case.
Understand this: The trucking company and its insurance carrier begin building their defense immediately. For your safety and to protect your right to fair compensation, there are steps you must take promptly.
Prioritize medical care and documentation
Your first priority is your health and safety. Seek medical attention immediately, even if you feel fine. Adrenaline often masks serious, hidden injuries. Getting checked out not only ensures you receive necessary treatment but also creates a vital medical record that legally links your injuries to the accident date. Be sure to follow all your doctor’s instructions.
Secure crucial evidence at the scene
If your injuries allow, begin gathering critical evidence before it disappears. Use your phone to document the entire accident scene. Take photos of vehicle damage, road conditions and skid marks.
Crucially, obtain the following information:
- The truck’s USDOT number
- Its license plate number
- The driver’s insurance and contact information
Also, get names and phone numbers from any witnesses at the scene. Having others to back your account of the accident can make a huge difference in proving your case later on.
Handling insurance adjuster phone calls
The at-fault party’s insurance company will likely call you very soon and try to get you to take a quick, lowball settlement. First, never agree to a recorded or written statement to the trucking company’s insurance adjuster.
The safest course is to decline to answer their questions beyond basic facts. They are not on your side. In fact, adjusters are trained to minimize your claim and use your own words against you. Instead, it’s advisable to contact a lawyer immediately, who will then deal with insurers.
Hiring a skilled truck accident attorney is also crucial to send a spoliation letter. This formal legal notice establishes the trucking company’s legal duty to preserve key evidence, such as driver logbooks, maintenance records and the truck’s “black box” data. Failure to do so can result in severe court sanctions for the company.
Protect your future
The first 48 hours set the foundation for your entire personal injury case. By taking these critical steps, you protect your rights from day one to collect damages for medical bills, lost wages and pain and suffering.
Truck accidents involve complex federal and state laws along with multiple interested parties with deep pockets and teams of lawyers whose only goal is to ensure you recover as little as possible. Protecting your rights to fair compensation and holding responsible parties accountable requires skilled legal representation.