Denver is bisected by some of the busiest trucking corridors in the county. These heavy trucks weigh more than 15 times what your car or SUV does, and when one hits you, even at slower speeds, you’re likely to sustain catastrophic injury while the trucker walks away without a scratch.
Knowing what to do in the scary, chaotic moments after a crash may save your life. Following our Denver truck accident attorney’s tips can save your eligibility for a large settlement.
Call 911—and only talk to the police
Even if you don’t feel hurt at the time, it’s important to call for emergency services right after the wreck. Immediate medical care can give you the best possible outcome for recovery. And when the police arrive, they can manage the scene and facilitate the exchange of contact information between you and the truck driver. When you exchange information, get their commercial driver’s license number, vehicle information, and full legal name. That’s all you have to share with the other party, too.
Don’t be surprised if a trucking company representative shows up at the accident scene. Their mission is to protect the company—and that’s all. Don’t say anything to them. Communicate only with the police officer. If the trucking company representative is persistent, the officer can shield you from their questions.
Seek medical attention
If you didn’t get medical attention at the accident scene, go get checked out as soon as you can. The adrenaline from the wreck can disguise soft tissue injuries and small fractures; you might feel fine right after the wreck, only to wake up the next day swollen, bruised, and sore. Even if you waited to see a doctor, be sure to tell them that you were just in a semi-truck accident. Your medical records are a key piece of evidence for your truck accident case, and the insurance company will require proof that you did sustain the injuries in the wreck.
Take photos and gather evidence
If you’re able, take photos or a video of the scene, your injuries, and the vehicle damage of all vehicles involved. You may be injured too badly, though, and that’s okay. Make sure that you take plenty of photos before you get your car repaired, though, and save your autobody estimates and receipts for other property damage.
Keep copies of all medical records from your accident injuries, receipts from out-of-pocket expenses, and any other documents related to the event, and give them to your personal injury lawyer. They use this information to calculate your economic damages (your non-economic damages, like pain and suffering, are calculated as a factor of your economic damages).
Report the accident to your insurance company
You must report any accident to your own insurance company, even if you didn’t cause it, or risk invalidating your policy. Make sure to give your insurance rep the trucker’s information, including the carrier they’re driving for (if you know it), and let them know that you’re planning to take legal action.
Don’t forget to give your truck accident lawyer your own insurance information. Your lawyer can coordinate with your insurance company so you can get your medical care covered and your car repaired right away (instead of waiting months for your settlement)
Don’t give a statement to the trucking company
While you do have to talk to your own auto insurer, you don’t have to talk to insurance companies representing the truck driver or the trucking company. Their insurance adjusters will try any trick they can to make it seem like the accident was your fault, or at least that you contributed more than 50% of the blame for the wreck.
Colorado is a modified comparative fault state for traffic accidents, including those involving semi-trucks. This means that you can still recover damages if you contributed some fault to the accident, as long as you contributed less than 50%. Your settlement is reduced by the percentage of fault you contributed: If you damages total $50,000, and a jury believes you held 20% of the blame for the accident, you’ll receive $40,000.
So, the trucker’s insurance company doesn’t have to put all the blame on you, just enough to tip you over that 50% threshold.
Talk to an experienced truck accident lawyer
You have the right to claim compensation for all your material losses, plus consideration for your pain and suffering. However, truck accident claims can get complicated, especially when a powerful trucking company gets involved. Working with an attorney who has experience in these types of claims gives you the best chance of securing a fair settlement.
Have you been involved in a truck accident? The attorneys at Zara Injury Law can help. Call (866) 823-8288 for a free consultation.