Crucial Steps to Take after a Truck Accident: A Guide
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If you have been in a truck accident, it is important to seek medical attention immediately. Even if you don't think you're injured, it's always best to be checked out by a medical professional. Once you've seen a doctor, you should also contact a truck accident lawyer. An experienced lawyer can help you understand your legal options and ensure that you are fairly compensated for your injuries.
Table of Contents
- Crucial Steps to Take after a Truck Accident: A Guide
- The Importance of Choosing the Right Truck Accident Attorney
- Conclusion
Crucial Steps to Take after a Truck Accident: A Guide
In this post, we will be discussing some of the steps that you need to take following a truck accident. If you've been involved in an accident with an 18-wheeler, don't hesitate to call a truck accident lawyer to see how they can help you get the compensation you deserve.
Step 1: Seek Medical Attention
The first step you need to take following a truck accident is to seek medical attention. Even if you don't think you're injured, it's always best to be checked out by a medical professional. Once you've seen a doctor, you should also contact a truck accident lawyer. An experienced lawyer can help you understand your legal options and ensure that you are fairly compensated for your injuries.
Step 2: Gather Information at the Scene of the Accident
If you are able, you should try to collect as much information at the scene of the accident as possible. This includes taking photos of the damage to your vehicle, exchanging insurance information with the other driver, and getting contact information from any witnesses. This information will be crucial when it comes time to file an insurance claim or take legal action.
Step 3: File a Police Report
You should always file a police report following a truck accident. This will create an official record of the accident and can be used as evidence if you decide to take legal action.
Step 4: Contact Your Insurance Company
Once you have sought medical attention and gathered all the necessary information, you should contact your insurance company to file a claim. Be sure to keep detailed records of all your conversations with your insurance company and take note of any deadlines they give you.
Step 5: Contact Your Lawyer
Once you have filed a claim with your insurance company, you may run into problems if your insurance company denies your claim or delays payment. At this time, you should contact a personal injury attorney for help in appealing your insurance company's decision or taking them to court.
Step 6: Cooperate with the Investigation
When you have filed your claim, your insurance company will send out an adjuster to assess the damage and determine the amount of compensation you are owed. If the adjuster thinks you are being dishonest or uncooperative with the investigation, they may deny your claim. To avoid this, make sure you are always honest and cooperative with the adjuster's investigation.
Step 7: Keep a Journal
It is important to keep a journal of all the events that have occurred since the accident. This will serve as proof of your damages and may be helpful in convincing your insurance company to approve your claim.
Step 8: File a Claim with the Trucking Company's Insurance Company
Once you have gathered all the information you need and have spoken with an attorney, you should file a claim with the trucking company's insurance company. The trucking company's insurance company will then investigate the accident and determine if the truck driver was at fault. If the insurance company finds that the truck driver was at fault, you will be eligible for compensation for your damages.
The Importance of Choosing the Right Truck Accident Attorney
If you or a loved one has been involved in a truck accident, you may be feeling overwhelmed and unsure of what to do next. An experienced truck accident attorney can help you understand your legal rights and options and can help you obtain the compensation you deserve. At Mendez and Sanchez Law, our knowledgeable and experienced attorneys have helped many truck accident victims obtain the compensation they deserve. Contact us today to schedule a free consultation.
There are some critical things that matter in this case:
1 - The Defendant May Not Be Who You Think It Is
There is a possibility that the person you think is the defendant may actually be somebody else entirely. Hiring the right attorney will ensure that you will be ready, no matter who the defendant is.
2 - A Truck Accident Attorney Is Not the Same as an Auto Accident Attorney
Truck accident attorneys are different from auto accident attorneys in a few key ways. First, truck accident attorneys are familiar with the unique rules and regulations that govern the trucking industry. Second, truck accident attorneys know how to investigate and gather evidence in a truck accident case. Third, truck accident attorneys understand the complex insurance issues that are often involved in a truck accident case.
3 - You Need to Hire an Attorney with Relevant Experience
You want to hire an attorney who has handled similar cases in the past. A truck accident attorney with relevant experience will know how to deal with the insurance companies, the trucking companies, and the state and federal regulations that apply to your case. Hiring an attorney with relevant experience is the best way to ensure that you have the best possible chance of winning your case.
4 - You Should Consider Hiring an Attorney with a Proven Track Record
You should also consider hiring an attorney with a proven track record of winning truck accident cases. An attorney with a proven track record of winning truck accident cases will have the knowledge and experience to get you the best possible outcome in your case.
Conclusion
No one should have to go through the aftermath of a truck accident alone. You need an experienced truck accident lawyer on your side who knows how to navigate the complex legal system and get you the compensation you deserve.
If you need a truck accident attorney in Los Angeles, the legal defenders at Mendez and Sanchez Law can help you! Meet the Winning Team at Mendez and Sanchez Law. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Please contact us for your Personal Injury, Auto Accident, Workers' Compensation, Slip and Fall, or other legal needs today!
Frequently Asked Questions
How long do I have to file a lawsuit after a truck accident in California?
In California, you generally have two years from the date of the truck accident to file a personal injury lawsuit, under California Code of Civil Procedure Section 335.1. However, if a government entity owns or operates the truck — such as a city or county fleet — you must file a government tort claim within just six months of the incident. Missing these deadlines almost always bars you from recovering any compensation, so it's critical to speak with a truck accident attorney as soon as possible after the crash.
What mistakes do people usually make right after a truck accident that hurt their case?
The most damaging mistakes are delaying medical treatment and giving a recorded statement to the trucking company's insurance adjuster without an attorney present. Insurance adjusters are trained to minimize payouts, and anything you say — even something as innocent as 'I'm feeling okay' — can be used to reduce or deny your claim. In California, trucking companies are also required by federal FMCSA regulations to preserve evidence like black box data and driver logs, but that evidence can be overwritten or destroyed quickly, so waiting too long to hire an attorney can cost you crucial proof.
Can I sue the trucking company directly, or only the driver who hit me?
You can often sue both the truck driver and the trucking company directly, because California recognizes the legal doctrine of respondeat superior, which holds employers liable for the negligent acts of their employees while on the job. Beyond that, trucking companies can also be independently liable for negligent hiring, negligent training, or negligent maintenance of their vehicles under California negligence law. In many serious truck accident cases, the trucking company — which typically carries far larger insurance policies than individual drivers — is the more important defendant to pursue.
How much compensation can I realistically expect from a truck accident settlement in California?
Truck accident settlements in California vary widely depending on the severity of injuries, the degree of fault, and the number of liable parties, but serious cases involving broken bones, spinal injuries, or traumatic brain injuries can result in settlements ranging from hundreds of thousands to several million dollars. Recoverable damages include medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, and property damage. Unlike some states, California does not cap compensatory damages in personal injury cases, which means victims can recover the full value of their losses — making it essential to document every injury and expense thoroughly.
What if I was partly at fault for the truck accident — can I still get money in California?
Yes, California follows a pure comparative fault system under California Civil Code Section 1431.2, which means you can still recover compensation even if you were partially responsible for the accident. Your total award is simply reduced by your percentage of fault — so if a jury finds you 25% at fault and awards $400,000, you would receive $300,000. This is one of the most plaintiff-friendly fault rules in the country, and it's a key reason why you should never assume you can't recover just because you may have made a mistake that contributed to the crash.
Does the truck driver's employer have to follow any special rules in California that could help my case?
Absolutely — interstate commercial trucks operating in California must comply with both Federal Motor Carrier Safety Administration (FMCSA) regulations and California Vehicle Code requirements, covering areas like driver hours-of-service limits, mandatory rest breaks, vehicle inspection and maintenance logs, and minimum insurance requirements. For example, FMCSA regulations require most commercial carriers to carry at least $750,000 in liability insurance, with many hazmat carriers required to carry up to $5 million. Violations of these regulations — such as a fatigued driver who exceeded allowed driving hours — can be used as evidence of negligence per se in your California lawsuit, making it significantly easier to establish fault.
Why do I need a truck accident attorney specifically — can't a regular car accident lawyer handle my case?
Truck accident cases are fundamentally more complex than standard auto accident claims because they involve federal and state trucking regulations, multiple potentially liable parties (the driver, the carrier, a freight broker, or even a truck manufacturer), and commercial insurance policies that are aggressively defended by specialized legal teams. A truck accident attorney knows how to issue litigation holds to preserve black box (ECM) data, driver logs, and inspection records before they are legally destroyed, evidence that a general personal injury attorney may not even know to request. At Mendez & Sanchez, our attorneys have specific experience navigating California's trucking liability landscape, and that specialized knowledge can make a significant difference in the outcome of your case.