Accidents

Being involved in a commercial vehicle accident can be overwhelming, but understanding the commercial vehicle accident procedure can make a significant difference in your recovery. Your actions immediately after the accident impact your safety, medical care, and legal rights.

Following the right steps ensures you receive timely medical attention and protects your claim for financial and non-financial damages.

Below, we outline everything you need to do after a commercial vehicle accident to help you secure maximum compensation and navigate the aftermath smoothly.

Key Differences Between Commercial Vehicle Accidents and Standard Auto Accidents

Before we discuss the commercial vehicle accident procedure, it’s important to understand how these accidents differ from regular auto collisions.

First, commercial vehicle accidents tend to be more severe than a car accident because of the size and weight of the vehicles, leading to greater injuries, damages, and a more complex compensation process.

Second, commercial vehicles are subject to stricter federal and state regulations, such as the Federal Motor Carrier Administration (FMCSA) insurance requirements, which raises the legal and financial stakes.

Immediate Steps to Take After a Commercial Vehicle Accident

Depending on how severe the accident is and whether you’ve sustained any serious injuries, here are the most important immediate steps you must take after a commercial vehicle accident to compile a comprehensive preliminary accident report:

Ensuring Safety and Calling for Help

• Prioritize Safety: If the accident is minor and your vehicle is drivable, move to a safe roadside spot to prevent further collisions. If there are serious injuries or significant damage, leave the vehicles in place and use reflective triangles or flares to alert other drivers. Avoid moving injured individuals unless there’s immediate danger, such as fire or water.

 

• Call Emergency Services: If you’re involved in an accident, always report it to the police, even if it seems minor. A police report is crucial for insurance claims. Seek medical assistance from a medical professional, even if you feel fine, to rule out hidden injuries.

Gathering Information from Involved Parties

Be keen to exchange contact information and other relevant details with all parties involved in the accident. These include:

• Contact Information: Collect names, phone numbers, and addresses of drivers, passengers, and any other involved parties.
• Insurance Information: Obtain the insurance provider name and policy number from all drivers.
• Vehicle Details: Record the make, model, year, and color of each vehicle involved.
• Driver’s License Number: Note the license number and issuing state of all drivers.
• License Plate Numbers: Document the plate numbers of all vehicles to help with claim verification.
• Witness Information: Get the names and contact details of any witnesses, as their statements may be crucial in determining fault.

Documenting the Scene of the Accident

Once you exchange information, try to capture the accident scene by noting as many details as possible, including:

• Date and Time: Note the exact date and time of the accident, as this can help establish conditions and responsibilities.
• Location: Identify the road, highway, or intersection where the accident occurred. If possible, include GPS coordinates.
• Road Conditions: Describe any hazards, such as potholes, debris, or slick surfaces, that may have contributed to the crash.
• Weather and Lighting: Record factors like rain, fog, snow, or poor visibility, as these can influence liability.
• Traffic Signs and Mile Markers: Identify nearby signs, signals, or mile markers to provide context for the accident’s location.
• Photos and Videos: Capture clear images of vehicle damage, skid marks, traffic signals, injuries, and any surrounding property damage for evidence.

Understanding Relevant Laws and Regulations

Commercial vehicles like semi-trucks and tractor-trailers must meet stricter safety standards than regular vehicles. Knowing key federal and state regulations can help you take the right steps after an accident. Important rules to be aware of include:

Federal Regulations for Commercial Vehicles

• FMCSA provides specific hours of service regulations to enhance truck driver safety and the safety of other drivers.

 

• Trucking companies and their drivers must follow strict vehicle maintenance and inspection regulations. An accident resulting from improper vehicle maintenance means you can build a solid case and pursue compensation from several parties.

State-Specific Laws Impacting Accidents

State laws impact your ability to seek compensation after a truck accident, particularly comparative vs. contributory negligence rules.

• Comparative negligence states (e.g., Indiana) allow the fault to be shared. Your compensation is reduced by your percentage of fault. If awarded $100,000 but 20% at fault, you receive $80,000.
• Contributory negligence states bar compensation if you’re even slightly at fault. A 2% fault means you get nothing.

Given these complexities, consulting a legal expert ensures you file your claim correctly. Here’s a quick guide to navigating semi-truck accident claims.

Common Causes of Commercial Vehicle Accidents

Some of the major causes of commercial vehicle accidents include:

Driver Fatigue and Its Impact

Irregular sleep schedules, driving for long hours, and pressure to meet tight delivery schedules can lead to severe driver exhaustion. Exhaustion slows down the trucker’s reaction times, impairs their decision-making abilities, and might cause them to sleep behind the wheel, leading to accidents.

Poor Vehicle Maintenance and Inspections

Poor vehicle maintenance often leads to mechanical issues and other vehicle malfunctions, such as brake failures, steering malfunctions, and tire blowouts. These can cause severe accidents, especially if your vehicle breaks down unexpectedly in heavy traffic or highways.

Distracted Driving and Other Human Factors

Common driving distractions, such as mobile phone use, eating while driving, or other distractions, divide a trucker’s attention from the road. Inattention, even for a split second, increases the likelihood of causing an accident.

The Investigation Process After an Accident

Building a strong case that’ll help you get the compensation you deserve after a commercial motor vehicle accident involves performing a thorough investigation in line with the correct truck driver accident procedures. Usually, your legal representative will have to contact different parties who play different roles throughout their investigations. A few of these include:

Role of Law Enforcement

The contribution of law enforcement agents toward the entire legal process begins at the accident scene. Because they’re among the first to get to the scene, the information they gather in their police report is one of the most reliable pieces of evidence you need to build your case.

Involvement of Insurance Companies

Insurance companies often send representatives to assess the accident scene and evaluate coverage. In many cases, insurance adjusters may try to persuade you to accept a lower settlement than you deserve. To protect your right to full compensation in a personal injury lawsuit, avoid speaking with them at the scene or afterward. Instead, let your lawyer handle all communications.

Evaluating Witness Statements

Witness statements play a crucial role in reconstructing events of the accident. Accident reconstruction is an indispensable step, if you want to achieve a favorable outcome in your claim. Reviewing credible witness accounts also helps your legal team uncover additional valuable info that can support your position.

Collecting Documentation and Evidence

Another significant aspect of creating a solid case that earns you maximum compensation is collecting relevant documentation and evidence, including the following:

Gathering Photos and Videos

Visual evidence enhances the credibility of your account and the witnesses’ accounts of what happened. They provide a tangible, undeniable representation of the accident, including the actual positions of vehicles involved, road conditions, damage to property, and other potential contributing factors.

Securing Medical Records and Reports

Obtaining hospital records for injuries sustained in the accident helps determine the compensation amount you deserve. They provide proof of all the types of injuries, psychological effects, and trauma suffered as a result of the accident. It may be physical injuries, such as broken bones and head trauma, or long-term emotional effects, like PTSD or anxiety.

Keeping Records of Communication

Keeping records of all communication with relevant parties proves that you followed the required legal process to build your case. These records include logging emails, calls, and other correspondence with insurance or legal entities.

Understanding Legal Liability

As mentioned earlier, multiple parties can be liable for the injuries and damages caused by a commercial vehicle accident. Depending on the results of your investigations, you can seek compensation for medical expenses and other non-physical damages from the following potential liable parties:

• Vehicle manufacturers or parts suppliers
• Fleet owner or trucking company
• Truck driver
• Maintenance contractors
• Cargo loading companies
• Government entities

Conclusion

Accidents can be overwhelming, leaving you unsure of what to do next. This guide aims to clarify post-accident procedures, helping you gather essential facts while protecting your right to compensation.

The key is to stay calm and work with an experienced commercial vehicle accident lawyer. The right attorney will help you maximize your compensation and recover quickly. Check out our guide on finding the best legal team for your case.

If you need a new or used commercial vehicle after an accident, we’re here to help. We offer tailored commercial vehicle truck loans to finance repairs or replacements, getting you back on the road fast.

If you’re a truck driver or own a truck driving company, then one of the biggest risks you face is truck accidents. Trucking accidents can be incredibly expensive to deal with, and they can involve many related costs.

So, how much should you expect to pay after a truck accident?

To understand this, you’ll need to understand all the different costs associated with truck accidents. Knowing this is also important for helping you choose the right auto insurance policy to cover these costs in the event of an accident. We’ll break this all down in the guide below.

How Much Does a Truck Accident Cost?

Determining the overall cost of a truck accident can be difficult, as there are so many costs involved.

However, as an average figure, a commercial truck accident that includes an injured person could have an average cost of $148,279. If the truck accident involves a fatality, then this cost can increase significantly to over $7 million.

Clearly, commercial truck accidents can be seriously expensive, which is why it’s crucial to be properly prepared for these potential costs. Having the right commercial truck insurance policy in place is a critical part of dealing with these accidents.

Even if you know how to avoid commercial truck accidents, there’s still the possibility of being involved in an accident that is not your fault.

The REAL Cost of an Accident

A commercial truck accident can be incredibly expensive to deal with, mainly because accidents have so many costs involved with them.

Here are some of the major costs that a trucking company can expect after a semi-truck accident.

Direct Costs of an Accident

Direct costs can be broken down into two categories: third-party loss and first-party loss.

Vehicle Damage

• Third-party loss: Costs associated with repairing or replacing vehicles belonging to parties not at fault in the accident. The at-fault party’s liability insurance typically covers this.
• First-party loss: Costs for repairing or replacing the insured vehicle. Collision insurance covers this.

Cargo Damage

Damages to the cargo being transported, including the loss or destruction of goods. The liability insurance of the party responsible for the accident covers this.

Injury and Medical

• Third-party loss: Medical bills, rehabilitation costs, and compensation for pain and suffering of anyone not at fault in the accident. This is covered by the liability insurance of the at-fault party.
• First-party loss: Immediate and ongoing medical bills for the driver and passengers of the insured vehicle. Covered by personal injury protection (PIP) or medical payments coverage.

Towing Costs

Costs associated with towing the insured vehicle from the accident site to a repair facility. Optional towing and labor coverage typically cover this in an auto insurance policy, but it could also be an out-of-pocket expense.

Vehicle Storage

Any costs related to storing the damaged vehicle, especially if it needs to be held for an extended period during the claims process. Coverage for this might be included in the auto insurance policy or it could be an additional option.

Indirect Costs of an Accident

Truck accident cases also involve a long list of potential indirect costs.

While some indirect costs of a truck accident case are easy to identify and calculate, others can be more difficult to figure out. Here are a few common indirect costs that might be involved in a truck accident settlement.

Fines and Penalties

There could be fines or penalties after an accident, which add extra costs to dealing with the accident.

Loss of Revenue

Accidents can disrupt business operations, leading to revenue loss from downtime, delivery delays, and contract fulfillment challenges.

Accident Investigation

Conducting thorough investigations to determine accident causes can be expensive. This could be done by internal resources or external experts.

Company Image

Accidents can tarnish a company’s image, potentially resulting in the loss of customer trust, business partnerships, and market standing. This could result in a loss of future revenue.

Insurance Premium Costs

Accidents often lead to increased insurance premiums, as trucking companies hold a higher perceived risk for insurers.

Lost Time at Work

Employees involved in or affected by accidents may lose productive work hours on paperwork, investigations, and recovery.

Cost to Rehire or Retrain

You might need to replace or retrain employees impacted by an accident. This process can be time-consuming and expensive for a trucking company.

Serious Truck Accident Injuries Can Leave Permanent Damage

Beyond the direct costs involved in a commercial truck crash, more serious truck accidents can result in permanent, serious injuries with lasting consequences. This can have an enormous long-term impact financially.

The impact of such incidents often extends beyond immediate medical concerns, affecting individuals’ long-term well-being and quality of life. These types of accidents with severe injuries generally involve major truck accident settlements and cases.

Settlements in these cases extend beyond covering the immediate damage of the trucking accident and are designed to cover the long-term costs that the trucking accident might have caused.

Having an experienced and trustworthy truck accident attorney on your side is essential if you ever experience an accident that leaves permanent damage. This will help you get an appropriate settlement to cover the entire impact of the accident.

Make sure you understand what truck accident attorneys operate in your area when setting up your business.

Final Thoughts

It’s important to note that the specific coverages and limits involved in covering these costs will vary based on insurance policies and the insurance company involved.

In some cases, the responsible party might be required to cover these costs out-of-pocket if they don’t have proper insurance coverage for the accident.

Of course, a major cost involved in dealing with a semi-truck accident is purchasing a new vehicle to replace the one damaged in the accident.

If you need to do this, then you’ll need to get the right commercial vehicle financing to help you purchase the new vehicle. Get in touch with us at Mission Financial Services to see just how easy truck financing can be.