A Guide On Your Next Steps After A Truck Accident In Philadelphia

Truck accidents are among the most severe and dangerous incidents on the road due to the size and weight of commercial trucks. Just in 2022, a total of 4,764 people died in large truck crashes. Although that number varies from year to year, truck crashes happen often. Whether you’re involved in a minor or catastrophic collision, the aftermath can be overwhelming. This guide will walk you through the critical steps to take after to ensure your safety, protect your legal rights, and navigate the often-complicated process that follows, especially when consulting with a Philadelphia truck accident attorney.

Immediate Steps After a Truck Accident

Ensure Your Safety

First, check yourself and others for injuries. If anyone is seriously injured, do not move them unless there is an immediate danger, such as fire or explosion risk. If your vehicle is in a dangerous position (e.g., in the middle of the road or near traffic), move it to a safe location if possible. If the vehicle cannot be moved, remain inside with your seatbelt on until help arrives. Turn on your hazard lights to alert other drivers of the accident and reduce the risk of further collisions.

Call 911

Call 911 to report the accident, even if it seems minor. Police officers, paramedics, and possibly firefighters will be dispatched to the scene. Stay there until law enforcement arrives and permits you to leave. Even if you feel fine, allow paramedics to evaluate you. Some injuries, such as whiplash or internal bleeding, may not show symptoms immediately but can be dangerous if left untreated.

Seek Medical Attention

If you are not transported to the hospital, visit a healthcare provider, urgent care, or emergency room as soon as possible after leaving the scene. Medical records from right after the collision are crucial for any legal or insurance claims.

Document the Accident Scene

If you can and it is safe to do so, use your phone to take pictures and videos of the accident scene. Capture damage to all vehicles, the positions of the vehicles, road conditions, any visible injuries, and relevant traffic signs or signals. Write down the time, date, location of the accident, and weather conditions.

Exchange Information

Exchange names, phone numbers, driver’s license numbers, and insurance information with the truck driver and other parties involved. Be sure to note the trucking company’s name, the truck’s license plate number, and any identifying details like the truck’s Department of Transportation (DOT) number.

Find Witnesses

If there are any witnesses, ask for their contact information and a brief statement of what they saw, which can be recorded on your phone. Witnesses can provide valuable information if liability is disputed.

Avoid Admitting Fault

Avoid discussing who was at fault for the accident at the scene. Anything you say could potentially be used against you in insurance claims or legal proceedings. Simply exchange information and stick to the facts when speaking to the police.

Speak to the Police

Give law enforcement the facts and avoid making assumptions or guesses about the cause of the accident. Ask for the accident report number and information on how to obtain a copy. This report will be important for your insurance claim.

Notify Your Insurance Company

Call your insurance company to report the accident as soon as possible. Provide them with the details of the accident and any documentation you gathered. The truck driver’s insurer will likely try to contact you, but be cautious about being pressured into accepting an early settlement offer. Initial settlement offers typically will not cover the full extent of your losses, especially if injuries worsen over time.

Consult a Truck Accident Attorney

Truck accidents often involve multiple parties, complex liability issues, and significant damages. Consulting an experienced truck accident lawyer in Philadelphia can help protect your rights and ensure you receive the maximum compensation possible. Many truck accident lawyers offer free consultations, allowing you to discuss the specifics of your case without financial risk.

Once you hire a lawyer they will send a spoliation letter, typically to the trucking company or their insurer. This letter notifies them of their legal obligation to preserve any potential evidence related to the crash. This includes crucial data such as black box records, driver logs, vehicle maintenance records, GPS data, and any communication regarding the accident. These pieces of evidence are vital in proving liability, determining the cause of the crash, and calculating damages.

What to Do in the Months Following a Truck Accident

The months after a truck accident can be long and challenging, involving recovery, dealing with insurance companies, and potential legal proceedings. Here are a few critical steps to take:

Follow Up on Medical Treatment

Continue following your doctor’s advice and attending any follow-up appointments. Truck accidents can cause injuries that require long-term care, such as physical therapy or rehabilitation.

Document Your Recovery

Keep detailed records of your medical treatment, including doctor visits, prescriptions, surgeries, and any therapy you undergo. This documentation will be crucial for insurance claims and potential legal cases. Additionally, writing about your daily symptoms and physical limitations in a journal can help portray the extent of your harm. 

Monitor for Late-Developing Symptoms

Some injuries, like whiplash, traumatic brain injuries, or emotional trauma, may not fully present themselves until weeks or months after the accident. If you notice new symptoms, seek medical care immediately and update your doctor on your condition.

Handle Property Damage and Repairs

Work with your or the truck driver’s insurance company to arrange for repairs or replacement. If your car was deemed a total loss, ensure you receive its fair market value. 

Communicate with Insurance Companies

You or your attorney can continue to communicate with your insurance company to keep them updated on your medical condition, vehicle repairs, and other costs related to the accident. Providing any requested documentation can help avoid delays in claim processing.

Avoid Quick Settlements

Trucking companies and their insurers may push for a quick settlement to minimize their payouts. Before accepting, consult a trusted truck accident lawyer to ensure that the offer will cover all your future needs.

Maintain a Record of Expenses

A detailed record of all your expenses related to the accident is critical. Include medical bills, vehicle repairs, prescription costs, transportation costs for medical visits, any necessary home modifications due to your injuries, etc. If your injuries prevent you from working, track your lost wages.

Your attorney will help assess the full extent of your damages, including both economic (medical bills, reduced earning capacity) and non-economic (pain and suffering, emotional distress) damages. This ensures that any legal action or settlement reflects the collision’s long-term impact.

Prepare for Possible Litigation

While many cases settle out of court, some truck accident claims go to trial. Your attorney will prepare you for this possibility and keep you informed of the status of your case.

Why You Need a Lawyer

Whether it is a Philadelphia personal injury lawyer or a truck accident attorney, hiring one after the incident is crucial due to the complex nature of these cases. Truck accidents often involve multiple parties, such as the truck driver, trucking company, and insurance providers, each with their own legal team whose goal is to minimize the company’s liability and payout. A lawyer will help you navigate the claims process from beginning to end, gather critical evidence, and determine liability. They will also ensure you receive the maximum compensation possible while protecting you from aggressive tactics used by insurers aiming to minimize payouts. If the accident is more severe, such as a loved one passing away in an untimely manner as a result of the incident, contacting a  Philadelphia wrongful death attorney would be crucial and beneficial as well to resolve the difficult situations and processes. A knowledgeable attorney on your side will significantly improve your chances of a favorable outcome. 

Who Can Be Held Liable for a Truck Accident in Philadelphia?

Liability for a truck accident may rest with multiple parties. Determining who is at fault will require a detailed investigation into several factors:

The Truck Driver

In some cases, the truck driver may be liable if they were driving negligently—such as by speeding, driving while fatigued, violating traffic laws, under the influence of alcohol or drugs, etc.

The Trucking Company

If the trucking company failed to maintain the vehicle, pressured the driver to exceed the legal hours of service, or engaged in negligent hiring or training practices, they could be held responsible for the crash. Additionally, the company may be vicariously liable if the truck driver is an employee and was considered to be working at the time of the accident. 

The Truck Manufacturer

In cases where a mechanical failure—such as faulty brakes or a defective tire—contributed to the accident, the manufacturer of the truck or its parts could be liable.

Third Parties

Depending on the nature of the accident, other parties may also be responsible, such as the loading company, maintenance contractor, another driver, or even government entities responsible for road maintenance.

How Truck Accidents Are Different from Other Car Accidents

Truck accidents are fundamentally different from car accidents due to the sheer size and weight of trucks, the legal regulations surrounding commercial vehicles, and the challenges of determining liability. Trucks, especially semi-trailers or big rigs, can weigh up to 80,000 pounds, compared to the average 4,000 pounds of a passenger vehicle. This size disparity often results in more severe damage, injuries, and fatalities in truck accidents, making them far more catastrophic than typical car crashes.

Additionally, truck accidents involve federal regulations enforced by agencies such as the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern things like driver hours of service, truck maintenance, and cargo loading. Determining whether these regulations were violated adds complexity to truck accident cases. 

Is a Spoliation Letter Important?

Trucking companies may be tempted to alter or delete data that could prove their negligence, such as hours-of-service violations or improper maintenance records. A spoliation letter serves as a legal warning against such actions, as destroying evidence after the letter is received can result in legal penalties.

Preserved evidence is often crucial in building a strong case for compensation. For example, black box data can show if the truck was speeding or if the brakes were applied before the crash, while maintenance logs can reveal if the truck was roadworthy.

Common Mistakes to Avoid after a Truck Accident in Philadelphia 

After a truck accident, victims often find themselves in a state of shock and confusion, leading to several common mistakes that can negatively impact their recovery and legal claims. Here are some of the most frequent errors and how to avoid them:

Not Seeking Immediate Medical Attention

Even if injuries seem minor or nonexistent at first, many accident-related injuries don’t show symptoms until days or weeks later. Failing to seek medical attention immediately can not only jeopardize your health but also weaken your claim, as insurance companies may argue that your injuries were not serious or were unrelated to the crash.

Admitting Fault at the Scene

Even a simple apology can be used against you by insurance companies or the opposing party to reduce or deny your claim. 

Not Calling the Police

An official police report is a crucial piece of evidence in determining liability and can provide an unbiased account of the accident.

Failing to Gather Evidence at the Scene

While it may be difficult to think clearly after an accident, gathering evidence—such as photos and contact information for witnesses—can significantly strengthen your case. 

Delaying Communication with Insurance Companies

Waiting too long to notify your insurance company about the accident can complicate the claims process and even result in denial of your claim. Most insurance policies require accidents to be reported within a specific timeframe, so prompt reporting is critical. 

Accepting a Quick Settlement Offer

Quick cash can be very tempting, but early settlements are often much lower than the amount you are entitled to and do not account for long-term expenses.

Not Consulting an Attorney

Trying to handle the claim on your own or delaying hiring legal representation can result in reduced compensation or missed deadlines for filing claims.

Speak to a Trusted Attorney Today

If you have been injured in a truck accident in Philadelphia, you don’t have to face the aftermath alone. Our Philadelphia personal injury attorneys and truck accident lawyers at Rosenbaum Injury Law are here to help you navigate the legal process and secure the compensation you deserve. 

Contact us today for a free consultation, and let us begin working on your claim immediately. You pay nothing unless we win your case.