MEN - Motor Vehicle Crashes with Large Trucks Present Unique Legal Challenges
--News Direct--
New research from the U.S. Department of Transportation reinforces the fact that most injuries and deaths in commercial truck crashes are passenger vehicle occupants. Add to that the fact that urban and suburban roadways are increasingly becoming the place where major commercial truck accident injuries and deaths occur — according to the U.S. Department of Transportation data, 51% of deaths in large truck crashes occurred on major roads other than interstates and freeways.
This trend highlights the challenges drivers face in negotiating what to do after an accident with a commercial truck.
“There are many differences between a car accident and a commercial vehicle accident,” said Kevin Johnson, associate attorney at Austin, Texas-based personal injury firm Justinian & Associates and an expert in truck accident law. “For one, are you're dealing with a much bigger vehicle. And, you're dealing potentially with multiple entities that are responsible for that vehicle, as well as a driver that has professional driving rules that he should be following. These differences can make resolving a commercial truck accident much more complex and time-consuming.”
Johnson has six primary tips for drivers who have been in an accident with a commercial truck.
The first tip is to call the police immediately after the accident occurs. “The police are going to make sure that the proper entities in the crash are established,” said Johnson. “They're going to file a report and they're going to get the names of the company and the driver so that you can and have that information for later.”
The second tip is to take photos of the scene while everything is still fresh, and while both vehicles are where they were after the crash. “These photos will be admissible evidence in court,” said Johnson. “If you don’t have photos and the other vehicle gets repaired right away, you could be in a tough spot regarding possible claims.”
The third tip is to get the trucking company’s name, as well as the driver’s information, including address, phone number, email address, insurance company name, and policy number. “Many times when you're dealing with a commercial vehicle, there could be different entities,” said Johnson. “For example, the truck and the trailer could be owned by two different parties. The driver could be an independent contractor. So it's very important to get as much information as you can to lessen the chance of getting the runaround later on.”
The fourth tip is to get the names and contact information of any witnesses. “This is someone who could possibly be on your side and vouch for you later in court, so it’s important to get this information at the scene,” said Johnson.
The fifth tip is to get a medical evaluation. “Even if you don’t think you were hurt, go and get checked out,” said Johnson. “Some injuries can take weeks to manifest themselves, so having a documented visit to a doctor right after the accident will help protect your right to seek a claim later.”
The sixth tip is to avoid posting about the accident on social media. “Don’t post pictures of the crash or even things like ‘I was just in a crash, but I’m OK,’” said Johnson. “Anything you post on social media becomes public, and this can be used later in court to counter a claim or statement.”
As the trend in commercial truck accidents continues to grow, it’s important that drivers know the differences between navigating a car-to-car accident and a car-truck accident. “When you’re dealing with a commercial vehicle, there’s a whole different claims process that takes place,” said Johnson. “It’s important that people know the differences and know what steps to take.”
Listen to a podcast interview with Kevin Johnson on six things to do after a commercial truck accident.
Justinian & Associates is an Austin personal injury law firm with offices in Round Rock and San Antonio, Texas. www.justinian.com
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